MONTGOMERY COUNTY, Md. (7News) — On Christmas Eve, a family from Germantown, Md., is making a heartfelt plea to their homeowners association (HOA): they want the fines imposed for their festive lights and decorations to be lifted.
7News On Your Side has been closely following the ongoing dispute between the Salgado family and the Middlebrook Manor South Homeowners Association.
Pahan Salgado shared that the family received a letter from the HOA on December 8, indicating that their Christmas decorations were in violation of community nuisance regulations, resulting in a hefty fine of $650.
As the fines accumulate at a rate of $50 per day, the Salgado family is now facing approximately $1,450 in penalties as of this report.
“This amount is outrageous, especially for our family,” Salgado expressed. “I hope they reconsider their stance this Christmas.”
With fines continuing to rise, the Salgado family is determined to fight back.
“We just want these fines to stop. The constant mail and the HOA’s interference have been frustrating,” Salgado said. “It’s Christmas; we don’t want to escalate this to court.”
Seeking assistance, the Salgado family turned to attorney David Gardner.
“This case is a clear example of a homeowners association overstepping its boundaries,” Gardner remarked. “Christmas decorations should not be subject to such regulations.”
When we initially covered this story, 7News On Your Side reached out to the HOA’s legal representative with several inquiries:
- What specific violations have been noted?
- How many neighbors have lodged complaints?
- Are fines being imposed on all residents with Christmas lights?
We also attempted to speak with some members of the HOA board, but no one was available. Shortly after our inquiries, the attorney provided the following response:
Thank you for your inquiry. The Association aims to foster a safe, respectful, and well-maintained community while ensuring that its governing documents are enforced consistently and in accordance with Maryland law. The Association does not comment on individual homeowners or specific enforcement actions.
Please direct all further communication regarding the Association to this office, rather than to individual Board members.
When we followed up to clarify what constitutes a “nuisance,” we did not receive a response.
“The nuisance rule is meant to address what might annoy a reasonable person. In this area, a reasonable person is not bothered by beautiful Christmas decorations,” Gardner stated. “An association’s role is to help maintain community standards, not to create distress.”
We reviewed the HOA’s regulations, and there are no specific rules against Christmas lights or decorations listed under “Prohibited Uses and Nuisances.”
However, the rules do prohibit certain decorative lawn ornaments.
“These are seasonal decorations, not items left out year-round,” Gardner explained.
The HOA regulations also restrict lighting that “shines outside the boundaries” of a homeowner’s property.
“If a spotlight is directed at a neighbor’s home, the HOA has a legitimate concern,” Gardner noted. “In this case, the Christmas lights do not extend onto neighboring properties.”
Throughout our investigation, 7News spoke with several neighbors who also have Christmas lights and decorations. They reported not receiving any violation notices or fines.
“A homeowners association cannot enforce its rules selectively, and that’s exactly what has happened here,” Gardner asserted. “There is a legal principle that mandates rules be applied uniformly, which is not occurring in this situation.”
The Salgado family’s strong religious beliefs may also influence the ongoing conflict.
“Any court would likely be troubled by the association’s actions, which seem to infringe on my client’s religious freedoms,” Gardner said.
The Salgado family is considering taking their case to either a courtroom or the Montgomery County agency that oversees homeowners associations to challenge the fines.
However, Gardner hopes to resolve the matter amicably before it escalates.
“I’m optimistic we can avoid that path. Ideally, we’ll have a hearing with the association, and they will reverse their decision,” Gardner expressed.
In this season of goodwill, the Salgado family is wishing for a change of heart from the HOA.
“These Christmas lights have been part of our family tradition for as long as we can remember. They hold deep significance for us, especially after losing our grandmothers. It feels like a part of us is missing without them. That’s why we added the two angels,” Salgado shared. “We’re asking the HOA to reconsider their actions and allow us to keep this cherished tradition alive.”
