- Community Associations, Board Member 101, Seasonal and Holidays
- Wisconsin, Indiana, Illinois, Florida
In Association Answers, KSN attorney Matthew Moodhe addresses frequently asked questions from community association board members and property managers. If you have legal concerns, please contact Matt or any of the attorneys at our law firm by calling 855-537-0500 or visiting www.ksnlaw.com/contact.
How long must a community association permit owners to display holiday decorations?
I’ve never seen a federal or state law that provides a specific, maximum amount of time for displaying holiday decorations within community associations. However, some municipalities do have ordinances concerning holiday decorations and displays. Many associations simply adopt a policy through their rules and regulations – but these restrictions must be considered “reasonable.” For example, it is common for association rules to require removal of holiday decorations within 30 days after the holiday.
An association’s attorney can confirm whether any local municipal ordinances apply to holiday displays and ensure the association’s rules do not conflict with those requirements. Legal counsel can also assist the board by drafting clear, enforceable holiday decoration policies that align with the association’s governing documents and reflect commonly accepted standards of reasonableness.
In addition, the association’s attorney can guide boards on consistent rule enforcement, help address owner challenges or disputes related to holiday decorations, and reduce the risk of selective enforcement or discrimination claims.
An amendment to our declaration prohibits leasing of units. Several of the owners who acquired their units after the lease restriction amendment was recorded want to rent their units in the near future. They claim it’s a violation of their property rights and they should be able to lease. Can you please tell us where the association stands on this issue?
Short-term rentals have become a growing trend within community associations as market demand, travel patterns, and platforms such as Airbnb have expanded. When many association governing documents were originally drafted, this rental model did not exist, and the focus was typically on long-term residential use. As a result, many declarations, bylaws, and rules do not clearly address short-term rentals or provide guidance on their regulation. This gap has led to increased operational, enforcement, and legal challenges for associations seeking to balance owner interests with community impacts.
Ultimately, owners who purchase units in associations are subject to the community’s covenants. Accordingly, if the lease restriction amendment was properly adopted, the owners in question are subject to the leasing restriction.
Leasing of a unit in violation of the amendment would permit the association to take legal action against the defaulting owner to stop their violation of the leasing restriction. That may include issuing a cease-and-desist demand, imposing fines as authorized by the governing documents, or further legal action to require termination of the prohibited short-term rental.
As a board, your primary responsibility is to act in the best interest of the association. It’s important to consider the benefits of short-term rentals for owners versus the potential impact they may have on the community and proactively work with an experience association attorney to draft/revise legally compliant rental policies.
The original percentages of ownership in the common elements for each unit in our association do not seem to be correct. How can we verify and potentially correct the percentages?
Percentage of ownership refers to each unit owner’s proportional share of the community association. There is a common misconception that the percentage of ownership interest is solely based upon the square footage of a unit, however, this is not true. That percentage is typically assigned by the association’s developer based on the size, value, or characteristics of the unit as defined in the governing documents. This percentage is commonly used to allocate voting rights, assessments, etc.
The association’s attorney can review the declaration, plats, and historical records to confirm whether the stated ownership percentages are legally incorrect or the result of a drafting or calculation error.
If an error is identified, legal counsel can advise the board on the proper correction process, including whether an amendment is required and the level of board and/or owner approval necessary under applicable statutes and the governing documents. The attorney can also help manage owner communications and filings to ensure the correction is implemented properly and defensibly.
Legal Resource
Do not hesitate to contact our law firm if your condominium, homeowner (HOA), or townhome community association has questions regarding board member responsibilities, owner disputes, or other legal concerns.
Please call 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
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