“Every winter we decorate our front door with lights and a stained glass cross my mom gave my wife when we got married. We’ve never had a problem with our neighbors or the HOA. My mother passed away right after Christmas and we took down the lights but left her cross up to honor her memory. We just got a violation notice from the HOA telling us to remove our holiday decorations since it’s March. My jewish neighbors keep their mezuzahs up year round, what’s wrong with my cross? Can we do anything?”

I’m sorry to hear about the passing of your mother and the HOA’s violation notice. It’s understandable that you want to honor her memory by keeping the cross up.

Under Civil Code section 4706, California law permits residents to display religious items on the entry door or door frame of their home. This includes the right to display religious symbols, such as a cross, as long as it is not a safety hazard or an excessive burden on the property.

In this situation, it is possible that the HOA may have mistakenly issued a violation notice. You may want to review the HOA’s guidelines and bylaws regarding decorations and religious items to see if they have violated any rules. If you believe the notice was issued in error or that your rights under Civil Code Section 4706 have been violated, you may wish to engage in an IDR to resolve the concern.

It’s also important to remember that the Fair Housing Act prohibits discrimination based on religion, and HOAs are not exempt from this law either.