On May 10, 2021, HB 21-1310 was introduced in the House and assigned to the Transportation & Local Government Committee for review.
The bill’s main purpose is to broaden protections for homeowners’ “freedom of expression” in common interest communities under the Colorado Common Interest Ownership Act (“CCIOA”) by changing how signs and flags are currently regulated.
As you may know, Section 106.5 of CCIOA currently prohibits community associations from imposing certain bans or regulations that would be contrary to public policy. This includes bans on American flags, service flags, political signs, emergency vehicles, fire prevention measures, renewable energy generation devices, affordable housing, drought prevention measures, and child care – all of which may be regulated to some degree but not outright banned in a common interest community.
The bill seeks to broaden the protections in Section 106.5 in order to promote “freedom of expression” by prohibiting community associations from banning or regulating the display of any flags or signs on the basis of their subject matter, message, or content.
As currently drafted, Section 106.5 would no longer be limited to only American and service flags and political signs. A community association would be prohibited from banning or regulating any signs or flags based on their content but would be allowed to adopt reasonable, content-neutral regulations based on the number, size, placement, and other objective factors.
The bill’s primary sponsors are House Rep. Lisa Cutter and Senator Robert Rodriquez.
This bill has not been adopted. Follow HB 21-1310 on our Legislative Tracker for updates.
So, as I understand, this would allow an association member to fly a confederate flag or display
the swastika? What might be an example of “other objective factors”?
As I do not agree with the views depicted by those types of flags, I do support a persons right to fly said flags.
I agree with the protections to fly/display any flag you want on your property. The current HOA restricts my ability to fly a service flag. They restrict it to a 9”x16” small flag inside of a window…. Why should an Army/Navy/Air Force/Marine flag be restricted at all. I’ve served in the Army for 17 years of my life and as I am very proud of my service I don’t usually want to be recognized outside of uniform as a service member, however when a non-service person or organization tells me that I can’t do something pertaining to my service it irritates me.
I support this legislation!!
I think the requirements already in place are more-than sufficient. Additional meddling is not needed. Do we REALLY want everyone to be able to fly any flag or post any sign? What are our neighborhoods going to look like? For some reason, people have come to think that not being able to express whatever they like in covenant-controlled communities indicates non-approval of their message by the association. Such is not the case. And our neighborhoods are not meant to be bulletin boards for every social, national or political cause that comes along. Sorry, but I’m crying “Foul!” on this bill!
If the Legislature continues in this vein, we can all just throw away our declarations and just let the State decide what is or is not allowed in our own neighborhoods. Not the way to run this industry.
I’m wondering if the bill passes if consistent and unbiased prohibition would be permitted.
For example I have HOA’s that require authorization from the Architectural Control Committee. A common example is the “We Believe” black lives matter signs. I have an HOA that just doesn’t allow political or cultural expression signs PERIOD. This is to prevent the BATTLE OF THE SIGNS
I.e. Hitler Had it Right; White Supremacy is Terrorism, Blue Lives Matter , Black Lives Matter, F Biden etc
It is understood that candidate and proposition signs are allowed 45 days before and 7 days after.
Is this bill suggesting HOA’S WOULD NOT BE ABLE TO PROHIBIT SIGNS IF THE PROHIBITION WAS CONSISTENT? This would appear to be a concern. Many folks what to come home to a peaceful neighborhood after an election without a constant reference to socio-political issues be litigated constantly with signs.
Will HOA’s be able to ban them IF THE BAN IS NOT JUST FOR A SPECIFIC SIGN AND ENFORCEMENT IS CONSISTENT?
I have seen some outlandish and opinionated signs that don’t seem appropriate. I would prefer not to have to explain to my kids why a neighbor feels necessary to post a “F**K Trump” sign or any of the “I hate my builder” signs that appear from time to time.
I support freedom of expression, but there needs to be a overseeing entity with authority to compel changes if certain content is posted since Owners have repeatedly demonstrated they lack the sensitivity to post their message in a non inflammatory or age appropriate manner.
Thanks for the heads up. Just wrote to the Transportation and Local Govt Committee asking them to kill this.
Our country is divided enough. I don’t want to also see even more evidence of that right out my front door. I know as much as I want to know about neighbors. I don’t need to know more.
What ever happened to Common Sense?
Just because you have an opinion on a subject, doesn’t mean you have the right to express it regardless of the content!
There is already too much Vulgar Speech on TV and on social media devices.
I vote Republican, but that does not give me a right to place a sign in my yard that condemns a Democrat!
I very much dislike the Black Lives Matter signs, but I keep my opinions to my self without putting up a protest sign or making vile comments in the paper or on Social Media Devices!
If you look at most Homeowners Associations, they are clean, do not allow vile lawn signs, allow for proper display of the American Flag, and at election periods allow appropriate sign to be displayed for every candidate.
Please stop trying to correct every ill that a person has. or feels. We use to have a thing called Personal Responsibility, that meant you thought before you spoke, you didn’t insult anyone with a different opinion, and basically treated everyone as you would want to be treated.
Again what happened to COMMON SENSE?
I agree with the protections to fly/display any flag you want on your property. My current HOA restricts my ability to fly a service flag. They restrict it to a 9”x16” small flag inside of a window…. Why should an Army/Navy/Air Force/Marine flag be restricted at all. I’ve served in the Army for 17 years of my life and as I am very proud of my service I don’t usually want to be recognized outside of uniform as a service member, however when a non-service person or organization tells me that I can’t do something pertaining to my service it irritates me.
I support this legislation!!
I find it funny that the people opposed to this are associated with an HOA when you click on their name.
My HOA restricts my freedom of speech/expression by limiting the size and location of displaying a service flag to 9”x16” inside the windows of my house. I’ve been in the military for 17 years and I’m proud of it. Why cant I display a service flag of reasonable size outside my home?? 3’x5’ size just like my American flag, state flag, college football flag, etc…. I understand some people tho k they are stopping the display of “triggering” materials but the rules generally are shotgun blasts that effect non-controversial materials.
I support this legislation!!!
Our HOA has had a policy against free standing flag poles, attaching any type of flag holder to a building and yard signs since it was constructed in 1974. Political and For Sale/Rent and relator signs are allowed in one window. They have turned a blind eye to signs celebrating graduations from school – well they should – but all other signs – regardless of their message – must comply with the sign policy that is written into the governing documents. I have found it to be a very sane policy. Will HB 21-1310 over turn that?
Our HOA has always been non-political and about large remodels, paint, big impact issues.
Suddenly we were dictated to about temporary signage. It didn’t agree with the political leanings of our current president and ACC Chair so they used their “power” to push thru ridiculous unenforceable sign rules. No small group of people should be allowed to push an entire neighborhood to fall into their political leanings. Because of their unnecessary push the legislature now needs to step in to protect individual freedom of expression. Wouldn’t be necessary if they had been reasonable.
I support this legislation.