Football season is right around the corner. For some sports fans this means it is time to dust off the flag of their favorite NFL team and hang it on the garage for all to see. In addition, some homeowners may want to show support for their alma mater as college football rivalries are renewed – this means you, Michigan/Ohio State! By way of a public service announcement, Colorado State University will be hosting the University of Colorado in Fort Collins on September 14th.
In case you didn’t know, there is yet another significant event right around the corner: the United States presidential election. This Super Bowl of politics will be held on the first Tuesday in November. No matter what your affiliation, the political season is sure to be contentious and motivate some homeowners to want to show support for their favorite candidate.
So, what does this mean for community associations? It means some homeowners and residents will want to post signs and flags concerning all things sports and politics.
The Colorado Common Interest Ownership Act (“CCIOA”) previously contained specific provisions protecting the right of homeowners to display certain types of flags (such as American flags and service flags) as well as political signs. That changed in 2021 with the passage of Colorado House Bill 21-1310. The new law served to broaden freedom of expression rights in relation to a homeowner’s right to display other types of flags and signs, including those of a nonpolitical nature.
Below is an overview of an association’s ability to regulate the display of signs and flags within a community in the context of these expanded homeowner rights.
Signs
- The language in CCIOA providing specific protections for political signs has been removed which means all signs are now treated the same.
- Signs may not be completely prohibited on the homeowner’s property or in unit window.
- Associations may adopt reasonable rules and regulations addressing the permissible number, placement, and size of signs.
- No rules may be adopted as to the subject matter of the signs – all rules must be content-neutral, except that signs bearing commercial messages may be prohibited. Rules may also be adopted based on other “objective factors.”
Flags
The language in CCIOA providing specific protections for American flags and military service flags has also been removed which means all flags are now treated the same.
- No rules may be adopted to prohibit or regulate flags based upon their subject matter, message, or content. Therefore, all rules must be content-neutral and may not regulate the message on the flag. There is an exception which allows an Association to prohibit flags bearing commercial messages.
- Flags and flagpoles may not be completely prohibited on the homeowner’s property, in a unit window, or on a balcony adjoining the unit.
- Associations may adopt rules addressing the permissible number, location and size of flags and flagpoles that may be installed and displayed by homeowners.
Policy
So how does an association best address these sign and flag issues? The answer is by adopting a Sign and Flag Policy! The Policy will establish rules and regulations as to permissible signs and flags that may be installed and displayed within the community. The Policy is best adopted as a proactive measure by the Board rather than adopted in response to complaints that a homeowner is displaying signs or flags with messages that another community resident finds objectionable.
Proactively adopting a Policy will help to avoid the appearance that the association’s Board of Directors is only adopting rules in order to restrict signs or flags containing messages with which the Board disagrees. Again, such rules and regulations must be content-neutral and should address requirements to allow flags and signs on the homeowner’s property such as yards, windows and balconies. They should also contain limitations as to the number, placement, and size of flags, flagpoles, and signs. Without such a Policy your community may be left to resemble a tail gate party or political convention.
If you have questions concerning your community rules or would like to discuss having a Sign and Flag Policy prepared for your Association, please contact one of our attorneys at 303.432.9999 or [email protected].