There are laws that protect a homeowner’s right in a common interest community (commonly known as an HOA) to place political signs on their property. With election day coming up on Tuesday, Nov. 3, many political signs will begin to pop up. The Foundation has adopted an Election Sign Policy that complies with the Colorado Common Interest Ownership Act (CCIOA).
Per CCIOA, an association shall not prohibit the display of a political sign by the owner or occupant of a unit on property within the boundaries of the unit or in a window of the unit; however, the association may prohibit the display of political signs earlier than forty-five (45) days before the day of an election and later than seven (7) days after an election day. The Foundation includes this limit within our policy. Therefore, the earliest a compliant election sign maybe be displayed is September 19th and the day to take down the signs is November 10th. Any signs placed on Foundation property will be removed.
In addition, CCIOA grants the association the authority to regulate the size and number of political signs. These regulations allow the HOA to only permit no more than one (1) political sign per political office or ballot issue that is contested in a pending election. Also, the HOA can set the maximum dimensions of each sign, which may be limited to the lesser of the maximum size allowed by any applicable city, town, or county ordinance that regulates the size of political signs on residential property, or thirty-six (36) inches by forty-eight (48) inches. The Foundation has also adopted these restrictions.
Section 38-33.3-106.5(c)(III) of CCIOA defines “political sign” as meaning “a sign that carries a message intended to influence the outcome of an election, including supporting or opposing the election of a candidate, the recall of a public official, or the passage of a ballot issue.” CCIOA does not attempt to outline specifics regarding content or political issues. As we have seen this year there are many politicized issues, social justice discussions and current affairs that are affecting the upcoming election. Therefore, signs regarding current events, issues and political leanings will be deemed compliant with the Election Sign Policy.
If you have any questions, please email Board@geneseefoundation.org.
*this was adapted from the HOA Office Consumer Advisory newsletter RE Political Signs and HOAs.