Standard of the Westside at Buttercup Creek Modification Committee

Subject: Religious Displays

Date: October 20, 2021

1. General.

The following rule outlines the restrictions applicable to religious displays in order to permit them while also striving to maintain an aesthetically harmonious and peaceful neighborhood for all neighbors to enjoy. Allowed religious displays are limited to displays motivated by the resident's sincere religious belief (1).

2. Prohibited Items.

No religious item(s) displayed may:

a. threaten the public health or safety;

b. violate a law (2);

c. contain language, graphics, or any display that is patently offensive to a passerby;

d. be installed on property owned or maintained by the association;

e. be installed on property owned in common by two or more members of the association;

f. be located in violation of any applicable building line, right of way, setback, or easement;

g. be attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture.

3. Parameters.

All religious displays must be located within 10' of the dwelling's frontmost building line (i.e. within 10' of the front facade of the dwelling.) Displays may not be located within building setbacks. No portion of the display may extend above the lowest point of the dwelling's front roof line. All displays must be kept in good repair. Displays may not exceed 5 ' in height x 3 ' in width × 3' in depth. The number of displays is limited to three. This paragraph 3 shall not apply however to seasonal religious holiday decorations as described in paragraph 4 . All displays other than seasonal religious displays must receive prior approval from the association's architectural reviewing body prior to installation, except for displays on any exterior door or door frame of the home that are 25 square inches or smaller. For example, and without limitation, no prior permission is required from the association to place a cross, mezuzah, or other similar religious symbol smaller than 25 square inches on the home's front door or door frame. If the dedicatory instruments do not designate an architectural reviewing body (such as an architectural control committee), the approval must be received from the board.

4. Seasonal Religious Holiday Decorations.

Seasonal religious holiday decorations are temporary decorations commonly associated with a seasonal holiday, such as Christmas or Diwali lighting, Christmas wreaths, and Hanukkah or Kwanzaa seasonal decorations. The Board has the sole discretion to determine what items qualify as Seasonal Religious Holiday Decorations. Unless otherwise provided by the Declaration, Seasonal Religious Holiday Decorations may be displayed no more than 30 days before and no more than 21 days after the holiday in question.

5. Other displays.

Non-religious displays are governed by other applicable governing document provisions.

6. Removal.

The Association may remove or cause to be removed any item in violation of the terms and provisions of this policy.

(1) Religion relates to faithful devotion to a god or gods or the supernatural. Relious displays are different than signs or other figures related to a cause. For example, “Save the Whales” or other movement/ causes are not considered religious displays.

(2) Other than a law prohibiting the display of religious speech. Please note that the First Amendment to the U.S. Constitution is not applicable to private organizations like clubs or community association; the First Amendment protects certain speech from governmental restraints.