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Election year is always filled with anxiety. Between the hateful commercials "exposing" a candidate's dirty laundry, to neighbors who want to tout to everyone who they are voting for and who others should vote for, it leads to a very contentious time. But how does that affect an HOA?
House Bill 21-1310 aka HB 21-1310 changed the power HOA boards have over what can be flown, when and for how long. It used to be that you could only display political flags during an election year, and they had to be removed after a certain period of time. That all changed in 2021 when Jared Polis signed the House Bill. Now a homeowner can fly their political flags, regardless of the message, year-round. An HOA can no longer bar a homeowner from flying a United States flag, at all. The only power the HOA has over the flag policies are subject only to reasonable, content-neutral limitations such as the number, size, or placement of the flags or signs, or prohibitions against commercial messages. As frustrating as it may be to see your neighbor's "Let's Go Brandon" or "MAGA" flying in the breeze every day, know that they have the legal right to fly that flag proudly. And hey, don't shoot the messenger, I'm just here to clarify the laws. Have a fantastic rest of your January!
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