Know condo rules before decking the halls

Before you tack, nail or tape holiday decorations outside your condominium or home, consider your governing documents, your right to religious freedom and the story of Laurie Richter Spector.

Richter Spector, of Fort Lauderdale, fought back in court several years ago when her condo association demanded she remove a Jewish mezuzah from her door shortly after the holidays. While the case was eventually dismissed, now all Floridians share a state-supported right to post religiously mandated symbols — albeit small in size — anytime of year, regardless of association rules.

"I had a bad experience," said Richter Spector, about her association's order to remove her mezuzah — a small display case no longer than 6 inches long that encases a scroll with religious messages — from the exterior of her front door.

"But I am glad we went through it," added Spector, who left the condo community after the 2007 incident. "Nobody should be deprived of freedom of religion, especially in their own home."

Spector's experience is especially relevant this time of year, when residents' religious beliefs — and desire to express them publicly through holiday decorations — sometimes run afoul of HOA and condo rules.

Richter Spector argued that her right to religious freedom trumped the authority of the association. She said she was following Jewish religious law by keeping a mezuzah near the entrance of her home, and in letters to the association cited the fact that at least one other owner was allowed to keep a Christmas wreath up months after the holiday.

The association cited rules against exterior modifications and threatened eviction and a $1,000 fine.

Both sides refused to budge and ended up in civil court until the Florida Attorney General's Office intervened on behalf of Richter Spector and ordered the association to allow mezuzahs. The association was also ordered to post a sign in the building to let owners know their right to display mezuzahs.

Now it's a rule of the land. In 2008, the Legislature amended state law to guarantee condo owners a special right to display religious objects outside the door. While the statute does not mention the word "mezuzah," it covers objects with the same dimensions of a traditional mezuzah — 6 inches long, 3 inches wide and 1.5 inches deep.

Richter Spector says her ordeal remains a bittersweet victory. It also serves as a civics lesson about protecting your rights as an owner in a shared community.

But keep this in mind: Your condo or homeowners association may be able to put the kibosh on large religious displays and nonreligious decorations of any size.

Before you decorate this year, give your governing documents a once-over. Some associations limit sizes and locations of holiday displays, some enforce fines for taking too long to remove them post-holiday. Others may have no rules because they were not passed properly or have lapsed.

The state of Florida, which regulates condo communities, allows condo associations to pass rules that keep the community and residents safe. That means if your decorations interfere with that, you could have a problem.

There are not similar regulations for homeowners association per se, but an HOA may ban displays that block common areas, walkways, street intersections or the view of drivers on the road. An outdoor lighting display with poor wiring could be the subject of removal, possibly at the expense of the owner should governing documents provide the association the authority to fine and/or pay to have a display moved.

Source:http://www.sun-sentinel.com/business/realestate/condos/fl-decorations-condocol-1117-20101116,0,7701864.column

Daniel Vasquez can be reached at CondoColumn@Sunsentinel.com or 954-356-4219 or 561-243-6686. His condo column runs Wednesdays in Your Money and at SunSentinel.com/condos. Check out Daniel's Condos & HOAs blog for news, information and tips related to life in community associations at SunSentinel.com/condoblog. You can also read his consumer column Mondays in Your Money and at sunsentinel.com/vasquez.