Just in Time for Christmas, HOA Bans Homeowner’s Cross Because it is “Denominational” – a Clear Violation of Religious Liberty

An HOA just banned our client from displaying a small cross on his home because it’s religious, a clear violation of his religious liberty. We’re taking legal action.

Our client is a resident of a homeowners association (HOA) in South Carolina and has lived there for four years. He recently made a wooden cross to display on the outside wall of his home. Less than 24 hours after hanging the cross on his home, our client received a letter from the HOA. This letter informed our client that his cross was “not approved or allowed on the exterior of the home.”

Following receipt of the HOA letter, our client sought clarification from the HOA president, who said “non-denominational” items are allowed but must be approved by the HOA board. Notably, the HOA president informed our client that “denominational” items (i.e. religious items) are not allowed on the exterior of the home and would not be approved by the board.

Rather than being able to display the cross indefinitely, the HOA president told him that he could only display a smaller cross in his yard 30 thirty days before Christmas and Easter and up to five days after those holidays. In a further attempt to deflect from his illegal conduct, the HOA president told our client that he could display a cross in his yard, but it could not be the same cross. Meanwhile, other residents in the HOA are permitted to display various items on the exterior of their home in the exact same location where our client attempted to display his cross.

When the ACLJ became aware of this clear violation of federal law, we drafted and sent a demand letter informing the HOA of its obligation under federal law to refrain from any and all religious discrimination. The Fair Housing Act (FHA) applies to homeowners associations and protects residents from religious discrimination before and after acquiring their residence. Consistent with the broad language of the FHA, federal courts have held that HOAs, apartment complexes, condominium associations, and other housing complexes are prohibited from applying their rules and/or bylaws in a way that discriminates against religion.

As we stated in our letter, the HOA is clearly violating federal law here by permitting certain displays while specifically prohibiting our client’s cross because it is “denominational.” As a result of this clear violation of federal law, we have demanded that the HOA cease all unequal treatment and allow our client to display his cross indefinitely.

Residents subject to HOAs do not shed their religious liberties at their doorstep. We are dedicated to upholding the rights of homeowners and telling HOAs their bylaws do not trump the Constitution. If you or someone you know has experienced religious discrimination by an HOA, please contact us at ACLJ.org/ HELP.