Unapproved Decorations on Condo Buildings

Greetings, all!

I'd like to pick your brains about an issue we're about to tackle in my community.

We're a condo community, 15 years old, and the units are a mixture of townhome style (may have neighbor on one or both sides) and stacked condo style (will have another unit either above or below). Homeowners own from the drywall in; everything else (framing, roofs, exterior walls, yards, streets, etc.) is common elements. Porches, decks and patios are limited (exclusive use) common elements.

Our declaration says that any alteration to the common elements must be approved in writing by the association. The community handbook says that any decorations may only be attached to the buildings by methods that don't penetrate the surface to which they are attached. The declaration also states that failure to enforce any of the restrictions does not prevent the association from enforcing them in the future.

I'm sure every board member can see what's coming. We had a few homeowners in the past who nailed decorative stuff onto the exterior walls of their homes without obtaining approval (which would not have been given) and the previous boards didn't do anything about it. Recently we've had a lot of sales in the community, and a lot of the new owners are picking up their hammers and attaching more stuff. So we've got an epidemic spreading and we need to put a stop to it.

Interesting twists: We're a diverse community, and some of these exterior decorations may have cultural/religious significance. And of course the board cannot selectively enforce the rules. And one of the current board members has nailed junk onto the exterior of her home.

We're going to run this by the association attorney before taking any action so that we don't run afoul of Fair Housing Laws, but I'd be very interested to hear comments, advice, horror stories, or anything else you think may be helpful. I appreciate the collective wisdom of this savvy group.

I don't think there is anything in Fair Housing Laws that requires religious or cultural accommodation in this context.

The only problem could be like the other poster who said they allow the thing that Jews are required to do (I thought it was something in the window, I learn something new everyday) but then not for someone else's. However, he said that it can be done w/o nails or otherwise penetrating doors or common areas.

Also, as he stated, I am unaware (though someone might educate me) of other religions that require anything similar, so to me that seems a safe thing to allow.

We also have to put things on a wreath hanger or something similar to avoid drilling or nailing or anything into the doors or any common area, though I want to say they make an exception for Christmas decorations on patios. Every year many people decorate the back patio fences.

One man decorated the front, which I thought wasn't allowed, but he won the decoration contest, which would indicate they don't mind.

(They do now say 'Holiday' party and 'Holiday' lights/decorations instead of Christmas)

It is a contagious disease! The information campaign is a good idea but I would include a caveat. If people are penetrating the outer walls against the rules and that leads to damage (structural, water, etc) the HOA will not be held responsible for repairs. Sorry Charlie. Obviously that is not a license for people to take the risk and do whatever they want but just a healthy reminder they don't get to have their cake and eat it too.