As the November general election draws near, political signs are starting to pop up in communities throughout Colorado.  In the past, associations attempted to prohibit residents from displaying their “I Love Obama” or “Go McCain” signs by pointing to a provision in their declaration that generally prohibited signs.  However, as we are all aware, the Colorado legislature changed the landscape in 2005 with the passage of SB100.  Per Colorado law, associations cannot completely ban the display of political signs within their communities anymore.  Associations can, however, adopt and enforce rules regulating political signs, within certain parameters. 

Check to make sure your political sign rule meets the following criteria:

• Allows placement of political signs on a resident’s unit or in the window of a resident’s unit
  • For single family and townhome communities, the unit includes the home itself, as well as any yard area that is owned by the owner
  • For condominium communities, the unit only includes the interior of the unit, as well as the display in the windows of the unit
  • Associations can prohibit the display of political signs on common elements
• Allows the display of at least one sign per contested ballot measure and one sign per candidate for each election
  • In other words, each resident must be allowed to place at least one sign on his/her property for each ballot measure
• Allows the display of signs for at least 45 days prior to the election and for 7 days after the election
• Allows signs the size of which are at least the lesser of 36 x 48 inches or the maximum size allowed by any applicable city, town, or county ordinance that regulates the size of political signs on residential property

The above are the basic allowable parameters associations can place on the display of political signs.  However, that is not to say an association can’t decide to be more lenient or give residents greater rights.  For example, while SB100 allows associations to ban the placement of signs on limited common elements, a condominium community might consider permitting residents with the exclusive use of such limited common elements, such as balconies, to display political signs on them, subject to any applicable size and timing restrictions.

If you have any questions about the enforceability of your political sign rule, it is always prudent to consult with legal counsel prior to taking any enforcement actions.

Community E-ssentials, September 2008