Tuesday, December 09, 2008

Expression or Violation?

'Tis the time of year when traditionally decorations pop up all over the place and the neighborhoods and surrounding environs in the area turn into wonderous and colourful displays which ring in the season. Bright lights, decorations, and displays fill the streets and there's a joyous atmosphere in the air. That is of course if your homeowner's association lets you. Most neighborhoods these days have homeowner's associations whose task is to more or less 'police' the neighborhoods they are in charge of and make sure that we all comply with the rules and regulations of the association.


Now in many cases, these regulations are understandable and warrantable. I mean who wants an ugly and unsightly broken down mobile home sitting in your driveway next door? Nobody. What about someone whose yard is overgrown with weeds or whose fence is in a sad state of disrepair. Nobody either. But what about holiday or religious decorations? Ah. There is the rub that gets many people in a tizzy and has been particularly affecting an Indian family in South Riding, Virginia. It seems that the homeowner, Mr. Ram Subramanium and his family decorated their driveway with a religious kolum earlier this year as part of the celebration of their son's thread ceremony. This traditional drawing is made with chalk and is usually worn away over time but the Subramaniums used paint to create this particular design as rain was expected the weekend that they were to have their celebrations.


It turns out that the Homeowner's association decided shortly thereafter that this design was in violation of association policy and ordered the Subramaniums to remove it and return the driveway to its asphalt state. Now Subramanium has thus far refused and has managed to accrue approximately $900 in violation fees thus far but he argues that he is not offending any of his neighbors with his display and his decoration is unobtrusive enough that it is not detracting from the overall look of the neighborhood. The association says otherwise. According to them no modifications can be made to the driveways without prior permission from the association and only then if the modification is approved.


Now I know that in my condo complex, all decorations are to be removed within a month of the holiday in question being celebrated. Now my first year there I had gotten a stern note when I left my holiday lights up towards the end of January. I figured they were white in color and were flush against the white border of my doors and windows so why remove them. The association didn't see it that way and demanded that I remove them before incurring fees. It was a small deal for me so I did it but it left a bad taste in my mouth as I'm sure many homeowners with such associations feel as well.


I'm not going to jump to the conclusion that many would that this violation by the Subramaniums is being elevated due to religious intolerance but I do wonder whether in this case religion is being used as a justification. Now in this case the kolum lays flat on the ground and is not visible unless you are close to the house. But supposing someone decides to leave a cross on their front yard for the entire year. Would that be allowed? I guess that depends on the association's ruling in that case but I doubt that it would be allowed either. It's not so much a religious symbol as a violation of what the general rules say. I think Mr. Subramanium and his family have taken the necessary steps to show the association that his neighbors don't mind the driveway decoration but then again from the associations perspective; if they allow this what else will they have to allow? It's a very sticky and touchy situation.

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