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HOA Threatens Fine Over Christmas Light Display

Lights Arranged To Spell Out: Yes We Can

POSTED: 11:38 pm MST December 3, 2008
UPDATED: 6:52 am MST December 4, 2008

Is it a political sign, or a holiday display?

That's the $50 question in Arapahoe County's Tuscany subdivision.

Sharon Withrow and her son strung up their Christmas lights last month. Using bright red, white and blue lights, they spelled out the phrase, "yes we can" on their first level roof.

That phrase was one of the slogans of the Obama campaign.

Withrow's son, Eric, co-opted the slogan for the family's holiday display. He told 7NEWS he was happy with the outcome of the election, but that he didn't mean for the display to be political. He said he meant for it to be a message of hope.

"The economy is in a slump. People are depressed, they're losing their jobs. What better way to celebrate the holidays than with a positive message," Eric asked.

But at least one neighbor took offense, complaining to the homeowners association, which then fired off not one, but two letters to Sharon Withrow.

"One of them was a nice one," Withrow said. "It simply asked for prompt attention."

"The second one was a mean one," she added. "It threatened a $50 fine if the lights weren't removed."

According to the bylaws of the Tuscany Maintenance Association, no signs can be displayed in the public view except a single "for sale" sign.

Withrow argues that her Christmas message isn't a sign, "because you can't physically hold it."

She said, "Even if you can use the argument that a message is the same thing as a sign, if the message read, ‘Jesus can,’ would that still be a violation of the bylaws?"

One neighbor e-mailed 7NEWS and opined that the Withrows strung up other Christmas lights only after the HOA sent the letters.

But Withrow said she strings up lights every year. She said it took three days to put the lights up this year

The president of the HOA's management company said the Withrow has been notified there is a potential issue.

"She has an opportunity to respond," said John Hammersmith of Hammersmith Management. "The board will determine whether it's a sign or a holiday decoration."

Hammersmith said, "Ignoring it (the complaint) won't do any good."

Withrow said she has no intention of ignoring it.

"I plan to meet with the board," she said.

A spokesman for the Community Associations Institute, an educational organization for homeowners associations, told 7NEWS that "what the (Tuscany Maintenance) Association is looking to do is make sure that the property values of the individual owners are preserved and enhanced."

Jerry Orten said the main reason the HOA exists is to preserve property values.

Hammersmith said the HOA requires that Christmas lights be taken down shortly after the holidays, so the issue may become moot if Withrow takes down her display before the board meets again in January .

He said even if that happens, the board should still make a determination so the same issue doesn't reoccur year after year.

None of the neighbors we spoke with wanted to go on camera. But one did say he was not offended by the display.

Another said she didn’t think the display was negative, nor did she think it was positive. She said she considered it “temporary.”

When asked if she thought the display is affecting property values, she said, “No.”

Orten said, “HOA bylaws are generally written by the developer, but he said they can be changed.”

He said that's why it's important to have a dialogue between residents and HOA board members.

Orten also said, “That once the board rules on an issue, if one side remains unhappy, they can always take the case to court.”

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