Time To Decorate Your Home For The Holidays
It’s the holiday season and time to decorate your home for the holidays, like decking out your condo door, but your Association says otherwise. Well, they may be able to do it with one exception. The Florida Legislature passed a condo law, Section 718.113(6), that states: “An association may not refuse the request of a unit owner for a reasonable accommodation for the attachment on the mantel or frame of the door of the unit owner of a religious object not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep.” Whether or not you can go beyond this statutory exception is up to your Association. The front door in a condo association is considered a limited common element and therefore the Association has the right to control it, even though it is part of your condo unit. If you deck out your condo door and or place holiday decorations in your condo windows, as long as no other condo resident is complaining that prompts the Association to take action against you, then you can enjoy your holiday decorations. Of course, the Association must take corrective action against all condo owners who decorate in the same manner as you, otherwise that is called selective enforcement and is not permitted under Florida law.
The ability to deck out your front door or yard exists more for a home owner in an HOA but there is no law under the HOA statute that gives owners the same right to display religious symbols. Owners in an HOA must review their HOA’s Declaration of Covenants and Rules & Regulations to determine what they can do in their community for holiday decorations. Remember, any rules restricting holiday decorations must be reasonable and serve a legitimate community purpose, to be enforceable.
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