CCIOA Corner—Tis the Season for Elections!

Resource Topic: 
Litigation
Covenant/Rule Enforcement
By: Elina B. Gilbert

As the Presidential elections draw nearer and nearer, you no doubt are beginning to see political signs popping up around the communities.  Before rushing to the computer to draft that violation letter, let’s revisit our old friend, Senate Bill 100, as it pertains to protection of political signs.

As you know, most of Senate Bill 100 was incorporated into and has become part of CCIOA.  Section 106.5(1)(c) of CCIOA is the section pertaining to political signs.  A “political sign” is defined as any sign “that carries a message intended to influence the outcome of an election, including supporting or opposing the election of a candidate, the call of a public official, or the passage of a ballot issue.”

Generally speaking, political signs may not be banned by associations as long as the following circumstances apply:

  • Sign is erected no more than 45 days before the vote and removed seven days after the vote;
  • Sign is displayed within the boundaries of the unit/lot or in a window;
  • No more than one sign per ballot issue is displayed;
  • Each sign is the lesser of 36” x 48” or the maximum size allowed by any city, town, or county ordinance.

Notwithstanding the above, associations may adopt rules and policies governing the display of political signs that are less restrictive than the above criterion.  For example, an association can adopt a policy allowing display of political signs 60 days before the vote and require removal 10 days after the vote.  Also, associations can allow more than one sign per ballot issue or allow signs that are larger than the above described dimensions.

So, if your community does not yet have a policy addressing political signs, you should consider adopting one that sets forth the association’s position with respect to political signs.

For more information on political signs or if you have questions about the requirements set forth in CCIOA, please contact a HindmanSanchez attorney at: 303.432.9999.