Free Speech or Covenant Violation?
Many times, Homeowners express their passions and interests in the form of signs and/or flags on their property. However, HOAs are sometimes asked to restrict signs and flags that are controversial or politically charged. Legally, some signs and flags cannot be prohibited under Colorado law, although HOAs are given discretion to restrict the number, size, and length of time such items can be displayed.
What are Homeowners allowed to Display on their Property?
Political Signs & Flags
Per CCIOA § 38-33.3-106.5(1)(a-c), HOAs may not prohibit the following to be displayed on an Owner’s Property: the American Flag, a service flag, or political signs. HOAs are allowed to restrict the size, placement, manner, and timing of such display of flags and political signs. Homeowners and HOAs must also abide by the federal Flag Code (4 U.S.C. §§ 4-10; P.L. 94-344; 90 Stat. 810) at all times.
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Religious Items or Symbols
Recently, Governor Polis signed House Bill 20-1200 into law, which amends CCIOA § 38-33.3-106.5 to include protections for displaying religious items or symbols on an Owner’s entry door or frame. HOAs may not prohibit a religious item or symbol displayed on an entry door/doorframe because of a sincerely held religious belief, unless: that item or symbol threatens public health or safety, violates federal or state law or a municipal ordinance, or contains graphics, language, or any other display that is obscene or illegal. HOAs may further restrict the size, locations, and other parameters of the symbols, as listed below.
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HOAs should adopt a Policy for the Display of Flags, Signs, and Religious Items
If an HOA Board wants to impose restrictions on flags, signs, or religious symbols, the Board must be careful to be fair and unbiased and should try not to inevitably take a political stance. We recommend Associations to adopt a policy to address displays of signs, flags, or religious symbols on Owner property. This policy can provide the reasonable restrictions on the size, number, and timing of such displays, in accordance with Colorado state and federal law. Additionally, such a Display Policy can include language to restrict signs or flags that the Association does or does not want displayed that are not otherwise protected by CCIOA or federal law or delineate the newly amended laws regarding the displays of religious items and symbols. A violation of such a policy would allow the Association to proceed under their Covenant Enforcement Policy to resolve the issue.
Whichever route an Association takes regarding the display of signs, flags, and religious items on Owner property, they must be careful to adhere to CCIOA and federal regulations and act with fairness.
If you have questions or are interested in adopting a Display Policy of any kind, contact us at info@westernlawgroup.com
THIS IS NOT LEGAL ADVICE. FOR INFORMATIONAL PURPOSES ONLY.
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