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Your Fun (But Legally Accurate!) Guide to Seasonal Sanity in Texas Communities
This guide blends legal know-how from Texas Property Code Chapter 202, practical management wisdom, and a lighter seasonal tone to keep everything running smoothly.
Let’s unwrap the Top 5 Do’s and Don’ts of HOA Holiday Decorations Enforcements — with a bit more personality.
5. DO Know the Law — Especially on Religious Displays
Before sending any violation letters, remember: not every decoration is “just décor.” Some are deeply tied to personal, cultural, or religious meaning — and Texas law protects those displays.
What Chapter 202 Says
§202.018: Associations cannot prohibit religious displays that are motivated by a homeowner’s sincere religious belief.
Only narrow exceptions apply, such as safety hazards or unlawful content.
Because holidays often blend cultural and religious themes, it’s not always obvious which displays qualify.
Why This Matters
If a homeowner says a display is part of their faith, the association must treat it as a protected religious item. Enforcement becomes less about décor and more about compliance with state law.
4. DON’T Enforce Without Consulting Your Attorney
You may know the rules, and you may know your governing documents — but the legal nuances can get complicated fast. Décor disputes often escalate because they touch personal beliefs and expression.
Chapter 202 Reminders
§202.004(b): Associations may enforce restrictive covenants, but process matters.
§202.002(b): Nothing in Chapter 202 overrides other statutes, such as Chapter 209 or Chapter 82.
Why This Matters
Your attorney helps ensure:
You use the correct notice and hearing procedures.
You distinguish appropriately between religious and non-religious displays.
Your actions align with both the law and your governing documents.
Think of your attorney as your holiday-season navigation system.
3. DON’T Be Inconsistent. Consistency Is Mandatory.
Few things frustrate homeowners more than feeling singled out — especially if another house has similar displays. Consistent enforcement protects the association from claims of unfair treatment.
Chapter 202 Connection
§202.004(a): HOA actions are presumed reasonable unless shown to be arbitrary, capricious, or discriminatory.
§202.003(a): Restrictive covenants must be liberally construed to give effect to their purposes.
Apply This Practically
Treat similar cases alike.
Document what you see.
Be culturally aware — not all holidays occur in December.
And remember: diversity in celebrations is a strength, not a conflict.
2. DO Adopt (and Record) a Clear Holiday Décor Policy
Most governing documents mention exterior displays but don’t get specific about holiday décor. A board-adopted policy is your chance to define expectations clearly and fairly.
What Chapter 202 Requires
§202.006(a-b): Any policy functioning as a “dedicatory instrument” must be recorded in county property records to be enforceable.
If it isn’t recorded, it isn’t enforceable.
What a Good Policy Covers
Installation and removal dates
Rules about lighting, noise, size, and inflatables
Clear distinctions between holiday décor and protected religious displays
Safety considerations
Hearing and appeal rights
Common-area guidelines
A recorded policy protects the association and clarifies expectations for everyone.
1. DO Approach Homeowners With Reasonableness and Empathy
Even with the right laws and policies in place, life happens. Maybe a homeowner is recovering from surgery. Maybe they’re out of town. Maybe the display has sentimental value. It’s worth listening before acting.
Chapter 202 Reminder
§202.004(a) emphasizes reasonableness in all enforcement actions.
What This Looks Like
Hold hearings when requested.
Let homeowners explain their situation.
Document the interaction.
And use empathy — it’s both legally wise and community-building.
Extra Helpful Tips
Send a reminder in early November. Most conflicts disappear when expectations are communicated early.
Document with photos. Helps demonstrate consistency and fairness.
Use professional management support. Managers can track timelines, coordinate hearings, and ensure compliance.
Create community engagement opportunities. Seasonal events and tasteful common-area displays help channel holiday enthusiasm.
Don’t fear the “Griswold House.” If it’s safe and compliant, sometimes it’s best to let the neighborhood enjoy the show.
Final Thoughts
Holiday décor enforcement doesn’t have to feel like the Association versus the Neighborhood. With:
a recorded policy,
a working knowledge of Chapter 202,
consistent and documented enforcement, and
a considerate approach…
…you can create a community that feels festive — not frustrated.
And even if a display goes a little over the top, remember:
Reasonableness is always in season.
