CCIOA 101 for HOA Boards: Political Signs

By Molly Foley-Healy on June 11, 2012

 

 

On Saturday morning, I was honored to serve as the spokesperson for the Rocky Mountain Chapter of Community Associations Institute (CAI) in an interview with Tyler Lopez on 7News. During the interview, we discussed flying the American flag and displaying political signs in HOAs.

While I recently blogged on provisions of the Colorado Common Interest Ownership Act (“CCIOA”) which relate to flying the American flag and service emblems in HOAs, I haven’t yet addressed the issue of political signs. Since the political season is already upon us, here’s what boards of HOAs need to know about the provisions of CCIOA (C.R.S. 38-33.3-106.5 (1)(c)) relating to political signs: 

● HOAs cannot prohibit the placement of political signs on property which is owned by a resident of the HOA or in the window of a unit.

● HOAs may regulate the timeframe for the display of political signs, by prohibiting the display of these signs earlier than 45 days before an election and more than 7 days after an election.

● HOAs may regulate the size of political signs which may be displayed on an owner’s property or in the window of a unit. CCIOA provides that HOAs may limit the maximum size of political signs to the lesser of: (1) the maximum size allowed by any applicable city, town, or county ordinance that regulates the size of political signs on residential property; or (2) thirty-six inches by forty-eight inches.

● HOAs may limit the number of political signs which may be displayed to 1 sign per political office or ballot issue that is contested in an upcoming election. 

● CCIOA defines a political sign as “. . . a sign that carries a message intended to influence the outcome of an election, including supporting or opposing the election of a candidate, the recall of a public official, or the passage of a ballot issue."

If your HOA intends to regulate the display of political signs, we recommend that you first adopt a policy addressing the issues outlined above. If you would like assistance with drafting this policy, please contact us at 303-863-1870 or email me at mfoley-healy@wlpplaw.com.