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.