HB 1310 has been making its way through the legislative process and Passed 3rd Reading in the Senate on June 10, 2021 with no amendments. This means the bill will be, if not already, sent to the Governor for signature.
How will this bill impact associations? For one, it will require current rules pertaining to flags and signs to be updated to comply with the new law. It may also make certain provisions contained in the governing documents unenforceable if they violate the new law. Below is a summary of what the new law requires with respect to flags and signs.
Flags
- The language in CCIOA protecting the United States and military flags is now gone, which means all flags are treated the same.
- Flags and flagpoles may not be prohibited.
- Associations may adopt rules addressing size, number, and location of flags; however, flags must be allowed on the owners’ properties, in windows, and on balconies.
- No rules may be adopted as to the subject matter of the flag—all rules must be content-neutral, except that flags bearing commercial messages may be prohibited. Rules may also be adopted based on other “objective factors”.
Signs
- The language in CCIOA protecting political signs is now gone, which means all signs are treated the same.
- Signs may not be prohibited.
- Associations may adopt rules addressing size, number, and location of signs; however, signs must be allowed on the owners’ properties and in windows.
- 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”.
If your community has adopted policies or rules addressing U.S. or military flags or political signs, these rules and/or policies will need to be updated to comply with the new law and, for one, remove all reference to content. Altitude is ready and happy to assist you with this process.
Please contact an Altitude attorney, at 303.432.9999 or at [email protected] with questions about HB 1310 and its impact. And make sure to keep an eye on our Legislative Tracker for any updates to pending legislation!
G r e a t! More meddling by the legislature. Why don’t they just declare all declarations null and void?
Our HOA has rule against drilling holes in exterior fascia. Will that still apply?
Yes, that will still apply. That would be considered a content-neutral rule.