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Updates to CCIOA Will Change Public Policy Restrictions Regarding All Signs and Flags

July 9, 2021

Previously, CCIOA had a very narrow set of permissible signs and flags. Until September 7, 2021 C.R.S. § 38-33.3-106.5 provide the following flags and signs, regardless of any contradicting prohibitions in rules and regulations set forth in an association’s governing documents, are permitted:

a) an American flag;
b) a military service flag; and
c) a political sign within a certain timeframe surrounding an election.

Houses with American Flags The above rights are conditioned on the association’s ability to set size and number restrictions. For example, an association can not prohibit an American flag but can limit its size and the number of flags permitted. Likewise, the association could place size, location, and certain quantity restrictions on political signs.

However, HB21-1310 (“Bill”), which was administratively signed by Governor Polis on July 2, 2021, removes an association’s ability to put content restrictions on non-commercial flags and signs.

The Bill prohibits any rules, regulations, or controls as to what is contained on flags and signs, except for restrictions regarding commercial ones. The specific text of the Bill can be found here. The Bill does permit an association to create rules regarding size, amount, and placement of them, but if the Association attempts to impose anything more than content-neutral regulations on flags and signs, such regulations will likely be unenforceable.

In other words, unless the flag or sign is commercial, the Bill only allows an association to reasonably regulate the physicality of them, but forbids the association to regulate any content contained within the four corners of the flag or sign.

In the likelihood that an association already has any rules and regulations that address content, these rules and regulations will be legally unenforceable. Even if the prohibitions on them are contained in the Declaration, this update to CCIOA renders them unenforceable.

With the passing of the Bill, associations throughout Colorado will have to reexamine their governing documents. If there are provisions in any of the governing documents which purport to control the content of signs and flags, we recommend you contact your community association attorney to assist in drafting reasonable and objective rules and regulations for them.

 

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