HOAleader.com - Tip of the Week - October 11, 2019
Published: Fri, 10/11/19
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Your State Has No Law on Mezuzahs in Your Condo or HOA? Deny Them at Your Peril
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In this week's tip, we discuss a new California law and explain why you probably should follow it even if your state hasn't passed a similar one.
The Golden State has now formalized what many courts have said is the law: Jewish residents who wish to display a mezuzah outside their door can't be told by a community association that such displays aren't permitted.
The law is SB 62, and it was passed by the state legislature and then approved by California's governor on July 30. The bill's summary states that it would, with some exceptions, bar restrictions that prohibit the display of religious items on an entry door or entry doorframe of a dwelling. The bill is drafted to cover community associations and their boards, in addition to landlords.
The exceptions would apply when maintenance, repair, or replacement of an entry door or doorframe is necessary. In those cases, an association would be required to provide notice that the display must be removed and then permit the display to be reinstalled once that work is completed.
The law protects homeowners who wish to attach a mezuzah outside their door, which is a common practice in the Jewish religion. A mezuzah is a case that holds a piece of parchment that's inscribed with verses from the Torah.
According to 10news.com, the law was passed in response to a dispute between a Jewish family in San Diego's Little Italy and their HOA. Reportedly, the family was instructed by their HOA to remove the mezuzah on their door. The HOA has not been named. 10news.com also reports that the HOA is currently in litigation over this issue.
California is part of a trend toward states to codify in the law what courts have held — that community associations can't prohibit reasonable expressions of religion. "At last count, it was maybe 12 or 13 states that had enacted such a law," reports Edward Hoffman Jr., founder of Barrow Hoffman, a law firm based in Warminster, Pa., who has represented community associations for more than 15 years.
If your state hasn't passed this law, find out why you might want to follow California's lead anyway in our new article: https://www.hoaleader.com/members/3993.cfm
Best regards,
Matt Humphrey
President
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