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JenniferP5 (Texas)
Posts: 2
Posted:
Texas Legislation passed several laws regarding HOAs. One in particular is about religious displays of no more than 25 square inch is allowed to be placed on homeowners front door. The question that is coming up among our homeowners is what about religious displays in our yards. At Christmas time everyone decorates their yards and some choose to put nativity scenes up, Jesus is the reason for the season, crosses, or other yard art. At Easter it is common to see He has risen signs. Then throughout the year if a local church has a change in pastors or has a new intern they will put up an announcement sign with the churches name. I haven't heard of these displays bothering anyone and they are certainly no more of a distraction than all the political and for sale signs.

My question is, does this law limit, restrict, or prohibit the yard art that has been allowed for years and only allow on our doors? I can't seem to find any information on it.

I did read that it was put into place to give rights to those that didn't have them. There was a couple that received fines for putting Jewish symbols on their door in a condo that led to this law. I totally agree that one should be able to public ally display their faith on their property so I am glad they passed it for this intent. However, I do not agree that it should take rights away.

Any assistance or experience is appreciated.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Welcome to the Forum, Jennifer.

My question is: why do your neighbors believe that permitting tiny religious displays on front doors takes away rights to have displays in front yards? Please explain the connection to me.

The legislation that you’re talking about probably is a response to Jews being allowed to display mezuzahs on their front door frames because it is required by their religion. In CA we cannot forbid them.

Several of our residents display these-- they’re about 3 inches tall; devout Jews feel they absolutely must display them.

Non-Jews, on the other hand, are NOT compelled by their religions to display symbols of their religion (with the possible exception of Buddhist prayer flags?). Yet, it seems like the TX legislators are permitting non-Jews to display small religious symbols on their front doors to be “fair.”

But I still don’t see the connection between door display and yard display? Are your yards your private property or are they “limited common elements?”

In addition, what do your own HOA rules or CC&Rs say about yard displays? Are there any restrictions? If your HOA does have restrictions and hasn't been enforcing them, but now wants to, then you'd want to see what your state laws say about the topic.

We don't seem to have regular posters on this site from TX, but perhaps your question will get some action from them.
JenniferP5 (Texas)
Posts: 2
Posted:
Yes, the legislation was passed in response to Jewish traditions. I think that most homeowners think that religious yard art isn't allowed anymore because the rules doesn't address them specifically. They only address door displays. Our rules don't address yard displays at all. The yards (like the doors to the homes) are privately owned and aren't common areas.

It sounds like this legislation is only limited to door displays and by not addressing yard displays specifically it doesn't govern those.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically, if the law or your governing documents doesn't specifically address it, the Association may make their own policy. Ours is:

EXTERIOR DECORATIVE OBJECTS.

An application for approval must be submitted to and reviewed by the Architectural Committee prior to the installation or erection of any oversized exterior decorative objects, natural or man-made. Oversized decorative objects are defined as any object exceeding 12 inches in height and 12 inches in either width or depth and includes, but is not limited to, such items as sculptures, fountains, driftwood, free standing poles of any type. Oversized decorative objects will be considered based on their size, color, scale, location, compatibility with architectural and environmental design qualities and their visual impact of adjoining lots.

Holiday decorations are generally exempt from this requirement, but shall not be displayed more than 45 days before or 15 days after the holiday has occurred.
KevinK7 (Florida)
Posts: 1,343
Posted:
I would imagine that the law permits HOAs to restrict religious displays but the minimum amount allowed would be the size requirements you stated. For example, the association could ban any yard display but a homeowner could still put a Santa face on their door.

I could see some challenges to this, such as the above mentioned cases or devout Catholics having virgin Mary or various saint statues. Considering the subject, I would tread lightly to avoid costly situations.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I should have stated something more clearly, Kevin. My understanding is that mezuzahs may be displayed at entrances to homes because it a religious requirement of Judaism. Jews who are more secular do not display them including some neighbors in my HOA. So far as I know, Catholics have no religious REQUIREMENT to display any symbols of their religion.
KevinK7 (Florida)
Posts: 1,343
Posted:
As far as I know there isn't such requirements in Catholicism but that is the funny thing about religion. Who is to say there are not some devout Catholics who interpret some bible passages, like Matt 10:33 (I had to look that one up), in meaning that they cannot be displayed such displays? How is that any different the secular and orthodox Judaism?

All I am saying is that the law (from the little the OP posted) guarantees homeowners 25in2 of religious displays. While I personally think an association's rules on say Christmas lights would be enforceable, I think it would be difficult (as in potentially costly) to enforce something like banning religious statues, crucifixes, etc.

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