'Tis the Season - for Political Signs
As the air turns crisp and leaves begin falling from the trees, it is time once again for everyone's favorite season, "Election Season." With the presidential primaries just around the corner, mayoral races heating up and a small number of tax, incorporation and other issues appearing on November ballots - political signs will start popping up in communities throughout Colorado. As a result, associations will once again be faced with the challenge of balancing the right of homeowners to political expression with aesthetic considerations of the community. Associations should be aware that they are not without statutory guidance in this area.
The Colorado Common Interest Ownership Act ("CCIOA") at section 38-33.3-106.5(1)(c) prohibits associations from completely banning political speech within communities. However, the Act does permit associations to limit the number, size and location of political signs within communities. CCIOA permits associations to adopt and enforce rules regulating political signs and speech as follows:
1. Placement: Associations may limit the placement of political signs by homeowners or any occupants to the boundaries of their units. This means in a single family or townhome development, that in addition to signs being placed in or on homes, signs may also typically be placed within the front yards of the homes. In condominium communities, political signs may be limited to placement within the boundaries of units, including in the windows of units, and may be prohibited from the common elements. In all types of associations, it should be noted that CCIOA does not require associations to permit residents to display political signs on general or limited common elements.
2. Number: Associations may limit the number of political signs a homeowner may display to no more than one sign per contested ballot measure and one sign per candidate for each election. In other words, every homeowner must be permitted to place as many signs as they like on their property so long as each sign is for a different candidate or ballot measure. Associations may prohibit homeowners from displaying political signs for candidates who are running unopposed in an election. However, once a candidate becomes opposed in an election, the right of homeowners to display a sign in support of that candidate attaches. Associations may encounter this scenario when a candidate runs unopposed in a primary and then opposed in a general election. The easiest way to handle this issue is for associations to simply permit residents to display a political sign supporting a candidate whether or not the candidate is opposed in an election.
3. Timing: Associations may prohibit signs from being from being displayed within the community prior to 45 days before an election and may require residents to remove the signs within 7 days after the election.
4. Size: Associations may limit the size of political signs to the lesser of the following options: (1) no larger than 36 X 48 inches; or (2) the maximum size allowed by any applicable city, town, or county ordinance that regulates the size of political signs on residential property.
Now that you have a basic foundation relative to what CCIOA will permit associations to regulate in terms of political signs, here are some practical tips to consider when creating or enforcing such covenants or rules.
●Be reasonable when enforcing the timeframe for placement of political signs. If a resident displays a political sign a few days early, it's important to ask yourself whether it is really worth asking the resident to remove the sign for only a short period of time versus potentially creating unrest in the community.
●As outlined above, CCIOA provides specific parameters for associations to use when crafting regulations on the size of political signs. Be reasonable when enforcing such size limitations. Unless a sign is clearly over the size limit, don't feel compelled to haul out the yard stick to measure signs that look close to the limitation.
●CCIOA does not provide authorization for associations to create preferred locations for political signs within a resident's home or yard. As a result, your association should avoid creating preferred placement rules or enforcing existing ones.
●While CCIOA does not prohibit associations from banning the placement of signs on limited common elements, you might consider permitting residents with exclusive use of such limited common elements to display politics signs on them. A great example of this would be to allow owners or occupants of condominiums to display signs on balconies which may be limited common elements. However, in such cases, it is appropriate to place limitations on how signs are attached to ensure that the limited common elements are not damaged.
●Be cautious if you are forced to remove political signs from the property of a resident. We recommend that associations resort to self-help only after making every effort to get the homeowner or occupant to remove signs on their own and only if it is absolutely necessary. Self-help can sometimes lead to altercations or a breach of the peace – which is obviously not in the best interests of the association or the resident.
While associations may choose to craft rules pertaining to political signs that are more lenient than the guidelines contained in CCIOA, the provisions of the Act represent the maximum level to which an association may regulate political speech in the form of displaying signs.
