A family in Germantown, Maryland, says their home’s Christmas display is meant to spread joy. Instead, it’s landed them in trouble with their homeowners association — with fines piling up at $50 a day.
“Some lights on the bushes and a manger scene does not cause a nuisance to the whole community,” Pahan Salgado told ABC 7News. (1) “We’re not waking anybody up. We’re not disturbing anybody. The lights are strictly within our boundaries of our land. It’s not going outside. It’s not touching anybody’s yard.”
As of Dec. 9, the Salgado family owed $650 and counting, according to the local broadcaster.
A letter from their HOA obtained by the broadcaster claims the holiday decorations violate community nuisance rules. (2) But some neighbours — including those with lights outside their own homes — say they aren’t bothered by Salgado’s Christmas display, and are baffled by the HOA’s actions.
“It brings us joy. I don’t know what it is. Why are they targeting these wonderful people?” Hinda Al-Awar, who lives across the street from Salgado, told ABC 7News.
What the HOA says and what the rules show
The HOA letter didn’t specify what part of the display — which includes lights, nutcracker statues and a nativity scene — broke the rules. While trying to find some answers, a lawyer representing the HOA told ABC 7News the association “does not comment on specific homeowners or individual enforcement actions.” (3)
Days after first reporting the story, the broadcaster obtained a copy of the HOA rules. (4) A key detail stood out: the bylaws do not explicitly ban Christmas lights or holiday decorations. Instead, the nuisance section prohibits things like loud noises, lawn ornaments and lights that shine beyond a homeowner’s property. Salgado insists his decorations aren’t violating any of those provisions.
The broadcaster also spoke with numerous neighbors displaying Christmas lights and decorations, none of whom had been punished.
“We’ve never been fined,” longtime neighbor Jim Novitzki told ABC 7News. “When we first got here 20, 25 years ago, we used to have lights across the whole front of the house.”
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How homeowners can protect themselves
That discrepancy could be significant if the dispute escalates. Selective or uneven enforcement can undermine an HOA’s position if challenged in the courts.
“The board of the homeowners association has a duty to implement these bylaws in a fair way across the community,” real estate attorney Alfredo Vasquez told ABC 7News. “Whether the implementation is being more relaxed with some homeowners may be a factor.”
Beyond fairness, Maryland law also gives homeowners certain procedural protections. Vasquez noted state law provides the ability to challenge violation notices and fines.
“The Condo Act does provide some due process rights to homeowners, so they may have the possibility of challenging the assessments, challenging the notice of violation and creating a record they can take to court, if needed.” he said. (5)
If you’re a homeowner facing similar issues with an HOA or management company, there are some steps you can take to build a case for yourself:
- Review your HOA’s nuisance and enforcement rules
- Document how rules are applied to other residents
- Challenge notices promptly to preserve appeal rights
- Know that HOA authority has limits and state law can prevail
The Salgado family decided to keep their Christmas lights up, at least for a time, after being notified of enforcement action. Whether the display is truly a nuisance or an overreach is a question that may ultimately need to be settled beyond the soft glow of holiday bulbs and under the harsh lights of a courtroom.
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Monique Danao is a highly experienced journalist, editor and copywriter with 8 years of expertise in finance and technology. Her work has been featured in leading publications such as Forbes, Decential, 99Designs, Fast Capital 360, Social Media Today and the South China Morning Post.
