Permanent Holiday Lighting: Architectural Alteration or Prohibited Installation?

While no Board ever wants to be “The Grinch” during the holidays, this is the time of year where there tend to be several violations of the rules and restrictions within Associations, and the Board is left with whether to address issues now or after the holidays.

One installation that might persist beyond just the holiday is the installation of permanent holiday lighting. As this type of lighting becomes increasingly popular, Associations must determine whether such installations constitute permissible decorations or require formal architectural review. These systems, often integrated with trim to render them inconspicuous during daylight hours, present unique governance challenges.

For those of you that an unfamiliar- these types of lighting systems cost several thousand dollars in accessories and usually much more to install, but the lights are up all year long.

What are the primary issues with these permanent holiday lighting, and how can the Association properly tackle any issues?

• Exterior Alteration Classification: Permanent lighting typically qualifies as an exterior modification, thereby necessitating approval from the Architectural Review Board (ARB) or Board of Directors pursuant to governing documents.

• Usage and Color Restrictions: Beyond structural review, associations must address operational parameters—specifically, permissible seasons, color schemes, and exceptions for special events.

• Policy Framework:

1. Amend the Declaration to expressly prohibit permanent lighting installations.

2. Restrict usage to designated holiday periods.

3. Mandate neutral (white) illumination outside of approved holidays.

4. Define enforcement protocols for non-holiday displays (e.g., sports team colors, patriotic themes).

5. Require aesthetic conformity, including trim matching the property’s exterior.

6. For condominium regimes, prohibit installations outright to preserve uniformity and facilitate maintenance of common elements.

What if the owners fail to obtain ARB approval? Failure to comply with established architectural standards or lighting policies constitutes a violation of the governing documents. Associations should consider implementing the following remedies:

1. Notice of Violation: Issue written notice specifying the nature of the violation and providing a reasonable cure period, usually within 10 days, depending upon the severity of the infraction, or as otherwise provided by the Declaration for your Association. .

2. Enforcement Assessment: Impose fines in accordance with the association’s enforcement policy, if any, giving the proper notice and right to a hearing as required by state law.

3. Self-Help Measures: If permitted by governing documents, the Association may remove unauthorized installations at the owner’s expense.

4. Legal Action: Pursue injunctive relief or other judicial remedies to enforce compliance, including recovery of attorney’s fees where authorized.

Associations are strongly advised to adopt clear enforcement protocols and communicate them to all members to ensure uniform application and minimize disputes. The HOA Legal Team here at EQUES is here to answer any questions you might have—feel free to contact our office.

Lindsey Wrubel, HOA Partner, EQUES®