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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38233
Experience:  17 years real estate, Realtor. Landlord 26 years
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I received a violation notice that stated I must remove

Customer Question

I received a violation notice that stated I must remove lights around my doorway. However, they are not attached to the exterior of the building with any nails, glue, tape, etc. Nothing that would alter/cause damage to exterior structures. The HOA rules state: "Holiday decorations may be displayed inside windows or on a porch or Balcony and must not be attached to any Common Element or Limited Common Element.
Decorations must be installed and removed in a reasonable seasonal manner."
My first question: What is the legal definition of "attached?"
Second question: I have been doing this for five years and this is the first time I have received a violation. Does this constitute a lack of precedence?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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What is the legal definition of "attached?"

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You aren't going to find a Black's Law Dictionary definition of "attached" as it is a common usage term, not a legal one. So under the common usage definition, it means "jointed or fastened to something".

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So if the lights are just draped around the doorway, then legally you can claim that they aren't "attached" so as to violate the rules.

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Second question: I have been doing this for five years and this is the first time I have received a violation. Does this constitute a lack of precedence?

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The fact that they haven't chosen to act on any perceived violation in the past wouldn't prevent them from doing so for current or future perceived violations. Each violation stands on its own as a violation of the rules of the HOA..

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So your best argument is the first one...that the lights aren't specifically prohibited and they aren't "attached" to any common element or area and therefore aren't a violation of any of the HOA CCRs or rules.

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thanks

Barrister