Can My HOA Ban Halloween Decorations?

by Julie Taylor

Halloween decorating has become bigger, bolder, and more competitive in recent years (think 12-foot skeletons and elaborate sound-and-light shows!)

But for homeowners in HOA communities, rules around what’s allowed can dampen spooky season fun.

With HOA restrictions on holiday decor becoming more and more common, there's a right way to plan when it comes to spooky decorations, and what homeowners can do if they disagree with the rules.

What HOA rules typically say about seasonal decorations

HOAs routinely have limits on when decorations can go up and when they must come down.

Typically, decorations may be displayed beginning 30 days before a holiday and must be removed no later than two weeks after, according to Joe Luciano, broker associate at Re/Max Bentley's in Newburyport, MA.

Beyond timing, many HOAs set rules on how large decorations can be and where they’re placed, prohibiting anything that obstructs sidewalks or overlaps onto community property.

There are also frequently rules on lights, music, and sound effects that could disturb neighbors.

"One of the neighborhoods that I managed had a family who put strobe lights in their yard," recalls property manager Jacob Naig of Des Moines, IA. "The HOA got involved, citing safety concerns for drivers and disruption to nearby homes."

Typical HOA-approved Halloween decor may consist of pumpkins, wreaths, small signs, or string lighting, while disallowed items often involve graphic displays, excessive gore, or oversized inflatables.

Many HOA disputes have been sparked by one decoration in particular: Home Depot’s popular 12-foot skeleton.

When Caleb Frost of Houston was told to take his down after Halloween, he decided to dress it up in seasonal attire for holidays like Mardi Gras and Fourth of July, and keep it up year-round.

Even though her skeletons were not supersized, Angela Nava, of Richmond, TX, was given 30 days to remove her pole-dancing skeleton display after the HOA got complaints of it being inappropriate.

HOAs also tend to take issue with giant Halloween inflatables, over-the-top light shows, and super gory decorations.

"In one Des Moines HOA, a homeowner’s haunted graveyard brought in multiple complaints because it scared the local children," says Naig.

Mollie Newton of Columbus, OH, got hit with a $250 fine over her Halloween fog machine and spooky sound effects, after the HOA said that the sound effects were disruptive to neighbors and the fog machine caused visibility issues.

HOAs typically step in due to safety concerns, preserving community aesthetics, avoiding complaints, and shielding themselves from liability.

What to do if your HOA bans your Halloween display

Naig says you should review your HOA bylaws before decorating. "The bylaws are the playbook," he says. "All too often, homeowners throw up elaborate displays without realizing their HOA rules specifically forbid it."

If the HOA bans your decorations, contact them to see if there's any leeway.

"I've watched homeowners save their display by dialing some elements down—turning off the sound, relocating a prop from common property, or diminishing the wattage of the lighting," says Naig.

To request exceptions or variances, "most associations require written applications to an architectural review committee," says attorney Chad D. Cummings, of Cummings & Cummings Law in Florida and Texas.

Naig says one homeowner he knows sent a sketch of their yard to the HOA, indicating that the skeleton they had ordered wouldn’t block anyone’s sidewalk. "The board approved it with the requirement that it come down within five days of Halloween," Naig recalls.

Communicating with your neighbors and HOA boards about your decorations ahead of time can go a long way, says real estate agent Fred Loguidice of Indianapolis.

"You can show them your ideas and offer to make tweaks—like smaller decorations, timers on lights, or quieter sounds," he says. "You can also promise to take your decorations down if anyone complains."

If you feel like the HOA is overreaching, you can always contact an attorney to see if you have any legal recourse—but it could be an uphill battle.

"Legal challenges are rarely successful unless the HOA has violated procedural safeguards or engaged in discriminatory enforcement," warns Cummings. "These lawsuits are generally a waste of time and money."