Condo Media - November 2022 - 19

While the fi rst go around in court for
the Greenbergs did not end with the
court siding with the owners, eight
years later when the Greenbergs
attempted to have the succah on their
exclusive-use balcony and where once
again they were denied by the board,
the lower court in a second lawsuit
against the association held that the
board exceeded its powers in attempting
to limit the Greenbergs' right to
exercise their religious freedoms.
Likewise, another highly discussed
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case, Bloch v. Edward Frischholz and
Shoreline Towers Condominium
Association - which involved a dispute
over the owner wanting to display a
mezuzah, a Jewish religious symbol,
on her doorpost - ultimately ended
with an appeals court ruling that a
lower court had erred in granting the
summary judgement in favor of the
association. As such, the appeals court
ruled that Bloch was allowed a trial on
the merits over whether the board ultimately
discriminated against Bloch in
its application of a seemingly neutral
rule prohibiting all religious decorations
on the doors.
While a board may decide it is easier
to simply prohibit all holiday decorations
in the common areas, a blanket
ban may still bring up claims of discrimination,
like Bloch claimed.
At a minimum, if the board is going
to allow holiday decorations, the rules
must give equal weight and treatment
to all holidays and religions celebrating
the " season. "
Enforcement of the rules must
be consistent, non-selective, and
non-discriminatory.
Finally, before writing that notice
of violation over not removing decorations,
boards need to educate themselves
over the different practices and
lengths of time of observance of the
different holidays that individuals in
the community may be celebrating.
Remember, most holidays are meant
to bring forth peace and harmony.
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November 2022 CONDOMEDIA 17

Condo Media - November 2022

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