Real Estate & Property Law

Bah Humbug - Don't Be A Scrooge, Now or the Rest of the Year!

"T'is the Season - Help Owners Figure Out What They Can Do - Rather Than Focusing On What They Cannot"

That is the theme of my latest E-Newsletter. It relates to "Holiday Displays" and other means of expression.

My feeling is that ... "If Boards would just stop with the jerk "bah humbug" reaction and think about it, there must be a feasible proposal for holiday and other displays in any type of HOA that is fair to all residents. People need a reservoir of joy. There is not enough of that going around."

The E-Newsletter focuses some on the law on "Signs, Flags and Banners ? and the Like" - in California, which says (Civil Code Section 1353.6) that ?... governing documents, including the operating rules, may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in an owner?s separate interest, except as required for the protection of public health or safety or if the posting or display would violate a local, state, or federal law.?
The law goes on to say that ?? a noncommercial sign, poster, flag, or banner may be made of paper, cardboard, cloth, plastic, or fabric, and may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest, but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces.?

Okay, it is true that the statute says signs, flags and banners may not be made of lights or, basically, other things that are tacky or may cause damage to the buildings. But I provide a reasonable suggestion that could be refined for most any association that has common area buildings: ?Non-twinkle lights may be strung on the balconies so long as they are not nailed, stapled, or glued to the building surface in any manner, and so long as they are not left on past 10 pm. All lighting must be supported by proper outdoor and GFI protected cords.?

This offers protection along with the opportunity to express joy for the season.

So consider telling owners what they can do and see what happens. You can go through the rules process to refine this, and include everything they can't, which sometimes makes the Board look like a scrooge is among them, or simply provide a catchall that says, if you don't see it here, don't do it!

And read the E-News, sign up so that you can get it on a regular basis, and enjoy! ... Just visit me at www.californiacondoguru.com, enter the site, and click on E-Newsletter Archive for the December edition and much more.

Full post as published by California Condo & HOA Law on December 10, 2007 (boomark / email).