Page 19 - New England Condominium November 2019

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -NOVEMBER 2019 19 TRENDS Pella Windows & Doors of Boston At Pella of Boston, all the things we do connects to our exclusive promise to homeowners, facility managers, & developers: The Pella Promise. We are committed to giving you peace of mind during your window or door replacement project and getting it finished correctly and to your satisfaction. At Pella, we understand the design consideration that today’s professionals must carefully evaluate at the outset of the selection process, and we appreciate their heightened concern with such issues as these: • The balance between design, performance, and budget • The impact of windows and doors on user health, comfort, and productivity • Sustainability • Sound Transmission • Historical appropriateness • Flexible installation options and/or on site installation support Visit your local Pella showroom to check out our quality craftsmanship, and state-of-the-art products, designed with your project in mind. 45 Fondi Road • Haverhill, MA 01832 | 978.521.7100 Windows & Doors Multifamily Holiday Celebrations Decking the Halls...and Lobbies BY OBA GATHING It’s that time of the year again – the Hal- loween candy is long gone, Th anksgiving building or HOA. According to Gregg R. Kur- turkeys are being ordered, and Christmas, lander, of counsel to New York City-based law discriminatory practice.” Hanukkah, Kwanzaa, and New Year’s Eve are fi rm Kucker & Bruh LLP, “A board in their all approaching, complete with sparkly lights discretion may regulate the appearance of way or door decorations is probably okay – if constitutional right to free speech and due and ornaments, as well as a parade of parties public hallways, lobbies, elevators and other more than a little stodgy – but banning just process. and other festivities. Multifamily buildings – common areas throughout the building, and one kind of decorations, like Diwali lights, including condos, HOAs, and co-ops – are may implement enforcement policies if the for example, or Hanukkah menorahs, is most net of the Law Offi ce of Charles T. Vander- home to people of many backgrounds, faiths rules are violated. Th e same holds true when defi nitely not. Doing so could lead the board Vennet PC in Arlington Heights, Illinois, “As and cultural traditions, so it can sometimes be it comes time to decorate for the holidays. Al- a little tricky to fi gure out the best way to ob- serve major holidays. “Holiday decorations and observance need rating policies in a building’s bylaws or house Group. “If a condo wants to restrict decora- to be \[perceived\] as equal and fair,” says Bill rules will help greatly reduce the possibility of tions, they need to have an across-the-board necessary to interpret or translate those pro- Worrall, corporate vice president at FirstSer- vice Residential Florida in Miami. “Unless it is and will ensure that decking the hallways with and even then, “Th ere’s no guarantee that and regulations covering holiday decorations a religious community, then that needs to be boughs of holly is fun, festive and neighborly.” there won’t be a court challenge. Having such that stay within the dictates of both the re- exclusively delivered as is prudent.” So what should you keep in mind for your ing the size of individual holiday displays, as you litigation-proof.” own community as the holidays approach? well as where they can be placed on the ex- Let’s take a look. Check the Halls Most people take things like putting up must be taken down. “It’s common for com- decorations or posting holiday announce- ments for granted – but in fact, those activities what owners may hang, place or display on and if they do, state and federal law will inevi- are governed by multiple levels of rules, regu- lations and sometimes laws. Scott J. Sandler, lo, an attorney at Freehold, New Jersey-based house rules. an attorney based in Farmington, Connecti- cut, says having rules regarding decorations communicate clearly and concisely what is the cause of much chagrin for both boards forceable without \[that language\] – or worse can be rough territory to navigate. “It’s very and is not permitted in terms of decorations, and neighbors alike. Such was the case of a yet, based on a concept that someone thought diffi cult, because one man’s art is another while making it a point to be as fair as possible Louisiana woman named Sarah Childs, who was a good idea without having done the nec- man’s trash. With holiday decorations, you to everyone in the community, regardless of arranged Christmas lights on her roof in the essary homework to support it.” want to allow for a reasonable amount of how or what they celebrate.” tasteful expression while maintaining control over the manner of expression.” At the most fundamental level, you have equally,” Cutolo continues. “It bears emphasis threats of arrest – the matter went to court, the house rules and regulations for a given that any rules should avoid regulating the con- though not all cooperatives have formal writ- ten decorating policies, the inclusion of deco- infractions or contentions between neighbors, restriction \[on\] all decorations,” Flynn says, visions...\[and\] allow the board to tailor rules Th us, many associations have rules limit- terior of a unit. Such rules also oft en restrict CCRs of their own community, but property rules too strict or limiting, having a legally when the display can be put up and when it managers must also familiarize themselves sound, well-researched policy on the books is munity associations to have rules regulating time can the former confl ict with the latter – accusations of bias or free speech infringe- the exterior of residences,” says Hubert Cuto- law fi rm Cutolo Barros. “Th ese rules should “Any rules governing decorations should lot of (pretty understandable) pushback from be draft ed to treat all members or occupants neighbors and her condo board – including amending, updating, or otherwise changing tent of a proposed decoration to prevent any lowing her unorthodox display to remain In other words, banning any and all hall- to run afoul of residents’ First Amendment a starting point, I suggest that board members rights, says Frank Flynn, owner and manag- ing partner of the Boston-based Flynn Law ciation’s governing documents and applicable a restriction in your bylaws does not make corded covenants and the law.” Not only must residents be mindful of the some residents might fi nd their association’s with applicable state and federal laws. At no crucial in order to be able to defend against tably trump individual community bylaws or plaints with \[clear language\] as ‘backup’ than Sometimes this legal hierarchy can be the rules are improper, too lenient, or unen- shape of a giant hand ‘fl ipping the bird.’ Aft er a where a judge ruled in Ms. Childs’ favor, al- up. Th e judge ruled that the HOA’s demand to take down the twinkly gesture violated her According to attorney Charles VanderVen- become fl uent in the language of the asso- law. Guidance from the legal counsel may be VanderVennet goes on to say that while ment. “It’s better for the board to face com- to face complaints from owners arguing that Inspect the Halls If your building or HOA is considering continued on page 20