Strata managers believe that Christmas comes when they receive no complaints from any owner’s corporations. I don’t know about you, but I love Christmas.

I once heard a song that said Christmas is for kids. They’re right; it’s for kids, and for those who enjoy being kids. It is the time we come together to enjoy each other’s company and have some level of camaraderie. It is the time that we give without the aim of getting something in return. It is a time we give to our kids with no fear of spoiling them. It is a break away from the grind of our every day existence and a reminder that people are more important than profit.

However, increasingly, those of us who wish to enjoy Christmas have had those dreams eroded. No trees, no Christmas carols, no gifts among the group, no wishing a Merry Christmas, and no discussions of the Christmas break. It has moved to Happy Holidays in the Holiday season with no mention of Merry Christmas. All for the fear of making people uncomfortable, those who disagree with the spiritual purpose of Christmas

We are told it is wrong to have a tree in the owner’s corporation or the community area. We turn to the Anti-discrimination Act 1997 and the Racial Discrimination Act 1975 (Commonwealth). Both these provisions indicate that you cannot refuse any services or vilify people in relation to race or anything associated with race.

We cannot see how having a Christmas tree in the foyer creates any of these problems. The tree is now more commercial than it is religious and even if it was religious, a refusal may be seen as discrimination to those who have the religious conviction.

If you are running a strata complex, we say it is okay to have Christmas trees and to have Christmas carols playing throughout the property. It is even allowable to have a Strata Christmas party. And, the law agrees. In fact, it might actually be an opportunity for those in strata to get along.

 

This article was written by Bailey Compton, Principal Solicitor & Director at Leverage Group.

To get in touch with Bailey, please email info@leveragegroup.com.au or call 1300 438 538