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Many condominium associations have restrictions on the appearance of common elements, such as a ban on placing personal items in the common element hallways or affixing personal items on unit entryway doors and doorframes. These constraints help to achieve aesthetic consistency and uniformity of appearance of the common elements; however, issues arise when a resident’s religious observance requires displaying religious objects in the common elements. In this situation, the question becomes: what are the legal rights of Illinois residents to display religious items in the common elements where the association’s rules prohibit such practice?


Illinois law affords certain legal protections for condominium association residents to place religious objects on limited common elements, despite association rules to the contrary. The Illinois Condominium Property Act expressly permits the attachment of religiously mandated objects to a unit front door area. Similarly, a City of Chicago Ordinance allows Chicago condominium residents to place or affix a religious sign, symbol or relic on the door or entryway of a unit.


As such, religiously mandated objects (and the broader concept of religious signs, symbols and relics for Chicago condominiums) must be permitted in the common elements, even if the rules prohibiting such practice are facially neutral and wholly unrelated to religion. It is important to note, however, that the legal protection would not extend to general holiday decorations that are devoid of religious significance (i.e. not religiously mandated or religious sign, symbol or relic) such as a placing a holiday wreath or Christmas stocking. Additionally, the legal protections do not extend to displays in the common elements; the protections are for the unit front door and door post.


Federal law also offers a safeguard for community association residents to practice their religion in their home by displaying religious objects. In particular, the Federal Fair Housing Act (“FHA”) prohibits discrimination in housing context based on race, color, religion, sex, familial status or national origin. Prohibiting a resident from practicing their religion may constitute unlawful discrimination in violation of the FHA.


WHILE THERE IS A DEARTH OF CASE LAW ON RELIGIOUS DISPLAYS IN CONDOMINIUM ASSOCIATIONS, THERE HAVE BEEN A FEW CASES RULING IN FAVOR OF RESIDENTS TO INSTALL RELIGIOUSLY MANDATED OBJECTS AND ALLOWING RELIGIOUS PRACTICES ON BALCONIES AS PART OF THEIR RELIGIOUS OBSERVANCE.


For example, the 7th Circuit Federal Court of Appeals ruled in a 2009 case1


that the FHA applies to a


discrimination claim by a Jewish resident where a condominium board refused to allow a mezuzah (a six inch in length piece of parchment contained in a decorative case and inscribed with specific Old Testament verses mandated to be posted on doorways) to be affixed on the exterior doorposts of a unit. In a 2004 case2


, the Canadian Supreme Court determined that Jewish residents in a condominium were permitted to erect a sukkah on their limited common element balcony (a sukkah is a small, open-air hut erected for seven days to eat meals and pray in during the Jewish harvest holiday of Sukkot) despite a ban on building structures on balconies. In addition, several states have adopted laws protecting the right of condominium association residents to affix religious artifacts to the entryway of their units.


While rules regarding the appearance of common elements may be well-intended and desirable as a means to preserve a uniform appearance and aesthetic throughout the community, condominium association boards need to be mindful of statutory and case law exceptions to rules that completely prohibit religious symbols and religiously mandated objects on unit front door area. In sum, religiously mandated objects may be placed on front door areas in Illinois and other states and depending on the existence and scope of any local ordinances, broader religious signs, symbols and relics.


1 2


Bloch v. Frischholz, 533 F.3d 562 (7th Cir. 2008), aff’d in part, rev’d in part, 587 F.3d 771 (7th Cir. 2009) (en banc).


Syndicat Northcrest v. Amselem 2 S.C.R., S.C.J. No. 46 (2004).


www.cai-illinois.org • 847.301.7505 | 47


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