Can I get a Watt Watt? How to avoid your Christmas decorations putting you on the naughty list

With Christmas around the corner, you might be preparing for some family disputes. But what you might not be preparing for are Christmas-related legal disputes. Here, we will address some questions we should all be asking about potential liability related to our holiday decorations in Texas.

Can my Homeowners Association tell me to take down my Christmas display?

Yes and no.

HOAs are able to regulate Christmas decorations and displays, like all other decorations and displays, and even issue fines for violating certain display-related guidelines. It is common in Texas for HOAs to only allow Christmas displays within 30 days before and 14 days after Christmas. For example, in 2019 a San Antonio couple made national headlines when their HOA sent them a letter saying that they had to remove their holiday decorations because it was too early (November 1).

While you can fight back against your HOA like the San Antonio couple did, you will risk fines. Usually, these fines amount to $100 per day, with up to $1,000 total for decoration-related violations.

On the other hand, if your Christmas decorations constitute religious items, such as a nativity scene rather than a snowman, then the HOA is prohibited from restricting your creativity. Senate Bill 581 (“SB 581”) made significant changes around Texas religious display laws. Effective as of May 31, 2021, SB 581 amended Section 202.018 of the Texas Property Code to prohibit HOAs adopting or enforcing any restriction that would restrict an owner or resident from displaying a religious item anywhere on the owner’s or resident’s dwelling or property.

Can I be held liable if my beautiful (and arguably extravagant) Christmas display causes a car accident?

Probably not.

This was a question that the Beaumont Court of Appeals considered in Jones v. Wright. In December 2018, Daylen Jones, a minor, was killed when a truck hit him while crossing across FM 1960 after visiting the Wrights’ property. For years, the Wrights set up a Christmas display known as “Wrights’ Lights” and allowed the public to walk their property to view the lights. The Wrights did not charge people to enter and the only funds they received were from sponsors who provided free candy canes to visitors.

The Jones argued that the Wrights were liable for survival, wrongful death, and negligence. But the Beaumont Court disagreed.

Generally, a landowner is not liable for dangerous conditions on real property that he or she does not own or control, including adjacent roadways like FM 1960. Under an exception to this general rule, however, a landowner may be liable if he or she creates a dangerous condition, even if they did not control the premises when the injury occurred. The Jones said that Wrights’ Lights was a dangerous condition.

The Court reasoned that the Wrights owned no duty to the Jones, because, like all other visitors, the Jones chose how long to stay on the Wrights’ property, and when, where, and how to cross the road to leave. The Jones were entering the property for their own benefit, and the Wrights gained no economic benefit from visitors.

So, even if you have a Christmas display that is so extravagant people from around the State come to revel in your decorating prowess, you will not likely be held liable, even if a tragedy unfortunately occurs as a result.

But what about Christmas lights on my pickup truck?

Whether you can legally drive around with Christmas lights on your car in Texas is unclear.

While the Texas Transportation Code doesn’t specifically say “no Christmas lights whatsoever,” it does mention that “a beam with an intensity brighter than 300 candlepower,” flashing lights, and emergency sirens are a no-no.

But we suggest steering clear, or at least contacting your local law enforcement to check firsthand.

No officer wants to be a Grinch and give you a ticket for Christmas lights, but if they are obstructing your view (or other drivers), don’t be elf-ish—just take them off and opt for a nice pair of reindeer antlers instead.

Now that we’re all prepared for any Christmas-decoration related liability—Ready, set, glow.

Cobb & Johns are Special Forces for Complex Property and Government Disputes.