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In Germantown, Maryland, a family's attempt to spread holiday cheer has been met with financial penalties from their homeowners' association (HOA). The Salgado family was fined over $600 by the Middlebrook Manor South HOA for their holiday decorations, which include lights and a manger scene. Despite this year's toned-down display, the family is being charged $50 a day for allegedly breaking nuisance rules, a sum that has escalated to at least $650, as reported by NBC Washington.
Pahan Salgado, a member of the family, told 7News, "Some lights on the bushes and a manger scene does not cause a nuisance to the whole community." The rules set by the HOA under the section "Prohibited Uses and Nuisances" do not specifically ban Christmas lights or decorations, but do prohibit loud noises, non-conforming lawn ornaments, and lights projecting beyond the homeowner's property boundaries. The Salgados have argued that their lights are confined within their land, and do not infringe upon these regulations.
However, the situation is complicated by reports that other neighbors, who also have festive decorations, have not received fines from the HOA. This could suggest inconsistencies in how the community guidelines are enforced. Alfredo Vasquez, a real estate attorney specializing in HOA disputes, pointed out to Alaska's News Source the importance of uniform enforcement, stating, "The board of the homeowners association has a duty to implement these bylaws in a fair way across the community."
The First Amendment rights of the Salgado family may be at the core of this issue. "This is our core values and our religion, and we don't want to step back from what we believe in," Salgado added in a conversation with Alaska's News Source. In the meantime, the Salgado family's decorations remain, as does the ever-increasing fine, while the HOA maintains its stance on enforcing its governing documents uniformly in accordance with Maryland law, despite the growing debate.
