HOATalkNews (Other)
Posts: 8
Posts: 8
Posted:
A VA HOA won more than $40k in court over seasonal decoration fines — then the state Supreme Court took it all back.
In Sainani v. Belmont Glen HOA, the court held the association's seasonal guidelines "exceed the scope of the restrictive covenants and are not reasonably related to any of them." It also held that a board can't make rules beyond what's in the governing documents.
How other states handle it:
Religious items are a different story, and it changes by state. At least four states limit what an HOA can ban at the front door — and they are nowhere close to each other. Texas sets no size limit. California allows up to 36 by 12 inches. Connecticut lets bylaws cap anything over 25 square inches on the door frame. Florida is the strictest by far. There, a condo association "may not refuse the request of a unit owner for a reasonable accommodation" for a religious object on the door frame — but only up to "3 inches wide, 6 inches high, and 1.5 inches deep." All four still let a board act on safety, blocked doors, and anything illegal.
No state law? Federal fair housing rules still apply.
A federal appeals court looked at a condo rule banning "objects of any sort" outside unit doors — used to take down residents' mezuzahs (Jewish scroll in a decorative case). It held the Fair Housing Act "prohibits the Association from discriminating through its rule enforcement, even for rules that appear neutral." A fair-sounding rule can still be enforced in a discriminatory way.
How long can they stay up?
And the question boards ask most? Nobody has answered it. We found no state or local law anywhere setting how long decorations can stay up. That one lives entirely in the governing documents — which is where the Virginia case turned.
A good question for the association attorney:
Does the declaration & relevant law actually allow the display rules the board enforces?
Related HOATalk Topics:
Architectural Review Disbanded by BOD · Waving our American flag · Florida ARC homeowner Sunshine Law
For general information only; not legal, financial, or professional advice. Verify and do your own research before use. See our Terms.
Sources:
Sainani v. Belmont Glen Homeowners Association, Record No. 181037 (Va. Aug. 26, 2019) [https://law.justia.com/cases/virginia/supreme-court/2019/181037.html],
Tex. Prop. Code 202.018 [https://law.justia.com/codes/texas/property-code/title-11/chapter-202/section-202-018/],
Cal. Civ. Code 1940.45 [https://california.public.law/codes/ca_civ_code_section_1940.45] and 4706 [https://california.public.law/codes/ca_civ_code_section_4706],
Conn. Gen. Stat. 47-230a [https://law.justia.com/codes/connecticut/title-47/chapter-828/section-47-230a/],
Fla. Stat. 718.113 [https://www.flsenate.gov/Laws/Statutes/2026/718.113],
Bloch v. Frischholz, 587 F.3d 771 (7th Cir. 2009) (en banc) [https://www.justice.gov/crt/about/app/briefs/bloch_decision.pdf].
In Sainani v. Belmont Glen HOA, the court held the association's seasonal guidelines "exceed the scope of the restrictive covenants and are not reasonably related to any of them." It also held that a board can't make rules beyond what's in the governing documents.
How other states handle it:
Religious items are a different story, and it changes by state. At least four states limit what an HOA can ban at the front door — and they are nowhere close to each other. Texas sets no size limit. California allows up to 36 by 12 inches. Connecticut lets bylaws cap anything over 25 square inches on the door frame. Florida is the strictest by far. There, a condo association "may not refuse the request of a unit owner for a reasonable accommodation" for a religious object on the door frame — but only up to "3 inches wide, 6 inches high, and 1.5 inches deep." All four still let a board act on safety, blocked doors, and anything illegal.
No state law? Federal fair housing rules still apply.
A federal appeals court looked at a condo rule banning "objects of any sort" outside unit doors — used to take down residents' mezuzahs (Jewish scroll in a decorative case). It held the Fair Housing Act "prohibits the Association from discriminating through its rule enforcement, even for rules that appear neutral." A fair-sounding rule can still be enforced in a discriminatory way.
How long can they stay up?
And the question boards ask most? Nobody has answered it. We found no state or local law anywhere setting how long decorations can stay up. That one lives entirely in the governing documents — which is where the Virginia case turned.
A good question for the association attorney:
Does the declaration & relevant law actually allow the display rules the board enforces?
Related HOATalk Topics:
Architectural Review Disbanded by BOD · Waving our American flag · Florida ARC homeowner Sunshine Law
For general information only; not legal, financial, or professional advice. Verify and do your own research before use. See our Terms.
Sources:
Sainani v. Belmont Glen Homeowners Association, Record No. 181037 (Va. Aug. 26, 2019) [https://law.justia.com/cases/virginia/supreme-court/2019/181037.html],
Tex. Prop. Code 202.018 [https://law.justia.com/codes/texas/property-code/title-11/chapter-202/section-202-018/],
Cal. Civ. Code 1940.45 [https://california.public.law/codes/ca_civ_code_section_1940.45] and 4706 [https://california.public.law/codes/ca_civ_code_section_4706],
Conn. Gen. Stat. 47-230a [https://law.justia.com/codes/connecticut/title-47/chapter-828/section-47-230a/],
Fla. Stat. 718.113 [https://www.flsenate.gov/Laws/Statutes/2026/718.113],
Bloch v. Frischholz, 587 F.3d 771 (7th Cir. 2009) (en banc) [https://www.justice.gov/crt/about/app/briefs/bloch_decision.pdf].