Community Associations Should Not be Anti-Mezuzah

I represent community associations in New Jersey and I have represented clients against many others. Community associations definitely come in all shapes, sizes and flavors. Very little surprises me any more. Some surprises are pleasant, others are less so.


One issue that is very important in every community association is the concept of respect. People in community associations have some measure of interdependence. They need each other to survive.

And this means that people must interact, must work together, and therefore must treat each other with respect. Disrespect is a sign that a community association is heading in the wrong direction. Especially when the Board members, the leaders of the community, are the ones who are failing to respect.
Respect means listening while others speak. It means not always thinking you are right – but instead encouraging various points of view. And respect means tolerating or better yet celebrating, each other’s sexual orientation, religion, and other personal characteristics.

The mezuzah issue is becoming emblematic of this issue. A mezuzah is a small covered portion of the Jewish holy scroll that is mounted on a door post. Many Jews place these on their exterior doorposts, which may be common elements. Some Boards have tried to members from installing mezuzahs on door posts.

While perhaps technically correct, this is disrespectful. It directly interferes with a Jewish person’s right to practice his or her religion. Others religions have similar requirements and they too must be accommodated.

Maybe quite literally, the Board does not have to cooperate. But respect means going past the minimum and doing what is just plain right. If we can’t respect each other, after all, then it will be very hard to live together.

If an association is not allowing installation of religious items, then I suggest having a private meeting with the Board and educating the Board members. Often these issues arise out of misunderstandings.

If that does not work, you may seek alternate dispute resolution. This should probably fix your problem.

If that does not work, judicial relief is an option. Several of these cases have been litigated recently and often with favorable results.
But remembers 2 things. Litigation is costly. And litigation is always a very last resort. After all, when the case is over, you will still live in the same community with the same people. Suing your neighbor does not always support a warm and fuzzy relationship.

Lieberman & Blecher practices environmental law and community association law in New Jersey. www.liebermanblecher.com

Saying No to Religious Artifacts May Violate Federal Law

 Can a homeowners association preclude unit owners from installing a mezuzah or other religious artifact outside of its unit?  Maybe not, says a federal appeals court in the 2009 case,  Bloch v  Shoreline Towers Condominium.

This federal appeals court decision ruled that the Federal Housing Act may preclude rules that do not allow these religious objects to be displayed outside of a residential unit, such as on a doorpost or on a door. 

The case marked a change from earluier decisions that suggested that federal housing law protection may not apply to discrimination after a purchase.  In this appeals court decision, the Court held that, depending on the facts, saying no to a mezuzah or other religious object outside of a unit (in the case of a mezuzah on a door frame) may violate federal law, resulting in stiff monetray damages and attorenys fees.

This federal decision technically does not apply to New Jersey.   But, it stands as a strong indication that such prohibitions may likely be illegal here as well.

My advise to Boards: just don't say no.

Lieberman & Blecher represents homeowner and condomimium associations throughout New Jersey. www.liebermanblecher.com