[This Article Has Been Updated 2024-4-10]
Can a homeowner in an HOA place political signs in their yard or at their condominium?
The short answer is - yes. 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 an election day coming up on Tuesday, Nov. 3, homeowners may have already begun posting political signs in their neighborhoods. Homeowner Associations need to follow the Colorado statutory conditions allowing homeowners to express their political expression during this election season, and homeowners need to adhere to those statutory prohibitions and any regulations put in place by their association pursuant to the law.
The 2023 Colorado Common Interest Ownership Act (CCIOA), addresses this issue in Section 38-33.3-106.5, C.R.S., entitled “Prohibitions contrary to public policy - patriotic and political expression...”. In summary, this law states that notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit "the display of a sign by the owner or occupant of a unit on property within the boundaries of the unit or in a window of the unit. The association shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the association may prohibit signs bearing commercial messages. The association may establish reasonable, content-neutral sign regulations based on the number, placement, or size of the signs or on other objective factors." [See section 38-33.3-106.5(1)(c), C.R.S.]
CCIOA
This section 38-33.3-106.5 was amended in 2021. As mentioned above, the association may establish reasonable, content-neutral sign regulations based on the number, placement, or size of the signs or on other objective factors.
More Information
For more information about living in an HOA and your rights as homeowners, please visit the Division of Real Estate’s HOA Information and Resource Center.
HOA Information and Resource Center
The HOA Office registers and collects information concerning HOAs, including an HOA’s contact information, and handles consumer inquiries and complaints from homeowners. The HOA Office provides assistance and information to homeowners, HOA boards, declarants and other interested parties concerning their rights and responsibilities pursuant to the Colorado Common Interest Ownership Act (“CCIOA”).