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Holiday Time and Defending a Non-Secular Property

October 26th, 2009 Leave a comment Go to comments

It’s contentious ground, to be certain. To allow any one religious sect to put up religious displays on condominium property should be something your condo association has addressed in plain language – no temporary displays on condo property. However, what constitutes a display? It’s tough being the Grinch.

A Florida-based condo association upset its residents recently by barring a Jewish-specific religious display on condo property. The condo association members were clear – no temporary alterations to condo’s common property, including a Sukkah, a hut used by the Jewish faith to celebrate Sukkot, an eight-day celebration in which the faithful eat their meals in a temporary hut. The condo association attorney stated that to let one resident put up a religious display on common property would mean the association would have to allow all residents the same permission.

It’s contentious ground, to be certain. To allow any one religious sect to put up religious displays on condominium property should be something your condo association has addressed in plain language – no temporary displays on condo property. However, what constitutes a display? Are holiday lights strung in the windows of individual units considered a display on condo property? If the association strings Christmas lights on a pine tree on the property, does that set precedent for allowing other religious displays? Can residents and residents’ children celebrate Halloween by handing out or receiving candy?

The obvious dilemma faced by condo associations is litigation brought by residents who are either offended by displays or have been excluded from displaying their beliefs while other displays have gone unchallenged. Most condo associations adopt an all-in or all-out policy as a means of protecting themselves from recrimination.

Condo associations, unlike government entities, may have a little more leeway in allowing secular events or celebrations. Some condo associations have organized Easter egg hunts and Santa’s visits, but in doing so, must they also welcome organized events from other religious groups to avoid discriminating?

If you’re unsure what your response should be to secular activities or displays, check with your insurance broker and risk management professional. A broker who specializes in condo association coverage already understands the issues condo associations face. In most cases, products or risk mitigation strategies may already exist to help you protect your condo association. The goal of your association should be to improve the quality of your residents’ lifestyle while maintaining a welcome environment for all.

Flickr photo credit: twinklescrapbooks

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