Colorado Politics

Colorado House passes bill removing HOAs ability to regulate political signs, flags

The Colorado House passed a bill Thursday morning that could allow residents of homeowners’ associations the “freedom to express themselves,” as the title of legislation puts it.

House Bill 1310 limits stops HOAs from blocking political signs and flags based on their content. State law currently allows political signs in HOAs 45 days before an election and seven days after.

The legislation “simplifies and broadens these protections, requiring an HOA to permit the display of any flag or sign at any time, subject only to reasonable, content-neutral limitations such as the number, size, or placement of the flags or signs.”

The bill passed easily, 50-11, and all the “no” votes came from Republicans. The proposal bounces over to the Senate to start the process over with 16 days left in the 120-day session.

The bill is sponsored by Democrats: Rep. Lisa Cutter of Lakewood and Sen. Robert Rodriguez of Denver.

“A right is only as strong as the laws that protect it,” Cutter said on the House floor. “This bill ensures that HOA residents’ right to free speech is protected.”

Rep. Kevin Van Winkle, a Republican from Highlands Ranch who voted in favor of the bill, said it was a mixed bag.

He supports the ability of residents of private communities, like his, to regulate standards through their election governing board, authority the legislature is taking away.

Van Winkle said his support for the First Amendment, however, trumps that concern, so he voted for the bill.

Rep. Dan Woog, a Republican from Erie and former HOA manager, recalled a police officer in his community who hung a “thin blue line” flag, which other residents took as a statement about race and police violence issues.

“This is tough for me,” he said. “I love the fact that people can hang what they want … (but) in this day and age of political divide, this may cause some issues in neighborhoods with particular flags.”

Woog added, “There are aspects of this bill I like a lot,” but then he voted against it.

Rep. Janice Rich, a Republican from Grand Junction, supported the bill but added, “I hope it doesn’t cause a lot of chaos in homeowners’ associations, because some flags that people don’t like are going to be allowed to fly.”

Colorado Springs resident Brady Cooper displays a custom signs in the yard of his Pikes Peak Avenue home, supporting “Nobody For President” and “Giant Meteor 2020,” to reflect his frustrations with voting and elections in a non-partisan way.
Colorado Springs Gazette file photo
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