In this election year, the political debates are not just limited to the candidates running for office. Debates often arise within community associations over restrictions on signage that may limit an owner’s ability to place political signs within the community.

An association can prohibit the posting of signs of any kind, including political signs, on the common areas or common elements within the community. The common areas or common elements are either owned by or are under the exclusive control of the association. As such, an association, through its board of directors, may enforce signage restrictions on such areas even if they inhibit free speech. As a result, an association may restrict political signs on common areas during an election. If an association is going to restrict the posting of signs on its common areas or common elements, it should implement a specific policy for the removal of signs that are placed on the common elements in violation of the restriction. Any such policy should:

• State that the association can remove any sign posted on the common areas or common elements immediately without having to provide the sign owner notice and a hearing
• State that the association will store the sign for a reasonable period of time, such as 30 days, prior to permanent disposal of the sign
• State that the association will use reasonable efforts to locate and notify the owner of the sign that it is to be removed and where the owner may retrieve it
• Clearly explain any fine schedule and the procedure for imposing fines, which requires that the association provide the alleged violator with notice and an opportunity for a hearing prior to imposing a fine
• Clearly state that removal of a sign by the association is a separate remedy from imposing a fine for posting a sign on the common elements or common areas

Another debate centers on whether an owner may place political signs on his or her individually owned lot or unit. A typical declaration provision may prohibit the posting of any signs anywhere within the community, including on an owner’s lot or unit, with the exception of a “for sale” or “for lease” sign. Many associations, in an effort to act reasonably, may choose to make a temporary exception and permit political signs during an election, although they are not required to do so.

When limiting an owner’s ability to post signs, especially political signs, it is not uncommon for owners to complain that the association is infringing on their free speech rights. However, under Colorado law, restrictive covenants in an association (other than those that involve racial discrimination) do not rise to the level of “state action” that is required to trigger constitutional protections. Therefore, an association, not being a governmental actor, may place restrictions on an owner’s ability to post signs within the community without violating an owner’s right of free speech.

Whether an association’s declaration allows for political signs or whether an association is making an exception, it is important for an association to have clear rules in place regarding the posting of political signs, whether on common areas or on owner’s lots. Any such rule should address:

• Size limit of signs
• Number of signs allowed
• How long the sign can be posted prior to and after the election or primary (for example, signs may be posted 60 days prior to an election and must be removed within 7 days after the election)
• Location of signs (for example, signs may only be placed in a window or may be allowed in the front yard of a lot, or signs must be setback a certain distance from the street or the lot line)
• Material of the sign
• Lighting of signs (for example, no lighting of signs is permitted)
• Safety considerations (for example, signs cannot block the view of drivers approaching an intersection)
• Consequences for violating the rule (for example, fines, removal of sign by association)