Communities have holiday decorating rules

Every December many homeowners attempt to show off holiday cheer by converting their front yards into a smaller version of the Strip. Setting out decorations ranging from all forms of lighting and blow-up creatures to full-effect music and light shows, a wide range of tools exist to demonstrate one's festive nature.

But life might not be that simple in many neighborhoods. A high percentage of area residents are in a homeowners association.

According to Sharon Jackson, ombudsman for the Common Interest Communities and Condominium Hotels program within the Real Estate Division for the State of Nevada Department of Business and Industry there are 3,100 homeowner associations within Nevada. Of that 3,100, 2,469 are in Clark County, which is equivalent to 432,762 houses.

Jackson said 80 percent of the state's HOAs are in Clark County.

With such a high percentage of HOAs, it's highly recommended residents review their association's regulations closely before channeling their inner Griswold.

A resident's right to decorate depends on the provisions in the associations governing documents. Each community's documents vary with respect to whether decorations are permitted and, if so, to what extent. For example, the association may restrict the height, the placement or amount of decorations.

"I've never seen an association say 'that's too much decoration,'" said Barbara Holland, regional manager of First Service Residential and longtime real estate columnist. "They usually encourage decorating with contests."

According to Holland, who's been in real estate industry for more than 40 years, HOAs tend to be less restrictive when it comes to Christmastime décor than about other exterior improvements, though each community may have its own unique restrictions.

The only restriction Holland has seen over the years is the time frame in which the decorations are allowed to be displayed.

"They traditionally follow the national trend," Holland said. "For Christmas decoration, it can be displayed after Thanksgiving until the first week of January."

The Inspirada Community in south Henderson exemplifies this timeline by allowing Christmas décor from Nov. 15 until Jan. 15. Decorating in common areas is not allowed without the Design Review Committee approval. The association also states in its rules and regulations that decorations must be in good repair and safe working order.

Summerlin South and Summerlin West both stipulate holiday decorations can be displayed 30 days prior to the holiday and must be removed 30 days following the holiday.

Other HOAs, such as Providence, also require decorations to be safe and working as well as restricting decorations in common areas. Providence's restrictions include being wary of blinking or very bright lights which could potentially be a nuisance to neighbors.

Residents of the Summerlin North Association need to pay attention to the rule that states they are allowed to display wreaths as long as they are maintained in good condition.

Although holiday decorations may be festive, not everyone has the same taste and religious beliefs. According to Holland, area associations face a tough time determining whether to decorate the main common area due to religious expression and freedom.

"They may have complaints, such as if it's all Christmas décor what about other religions," Holland said. "It could be an issue."

Holland said most associations will remain neutral using white lights and very little religious symbolism.

Residents can find the association rules in the covenants, conditions and restrictions (CC&Rs) and other governing documents. The rules vary by association but must operate under the bounds of federal, state and local law. Associations can't discriminate. The documents are part of the sale or rental agreement of the home.

Besides the CC&Rs, Holland said some associations communicate decorating guidelines in the community newsletters or post on the community's website. For those residents not following the rules, the association may send a violation letter and could be subject to a fine.