We are fifteen days from the 2014 midterm elections, and candidates are undoubtedly working hard to get those elusive swing voters to the polls. Yard signs are one tool that candidates use to build name recognition and sway votes. A multitude of signs for federal and state political offices, as well as several ballot initiatives, are jostling for real estate this year. In years past, community associations could rely on restrictive covenants to prohibit political signs from disrupting the neighborhood aesthetic. But, since 2005, Colorado law has outlawed any outright prohibition of political signs in covenant-controlled communities. Colorado statutes provide guidance on what political signs associations can regulate, where signs can be placed, and when political sign regulations can apply.

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Football season starts this Friday with College kicking-off (Rams @ Buffs, Friday, August 29, 7:00 PM on FS1, Air Force Falcons vs. Nicholls Colonels Saturday, August 30, 12:00 PM on ESP3), and the AFC Champions, the Denver Broncos, start the regular season the following weekend (vs. Cowboys, Sunday, September 7, 6:30 PM).  

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I recently prepared a package of the nine mandatory policies for a community association. The board of that association read the policies very carefully and sent back a number of questions, asking why I had drafted various provisions the way I had, or why I had included them at all.

When drafting the mandatory policies, there is no single source. The “nine mandatory policies” or “SB-100” policies originate from Senate Bill 05-100 signed into law in 2005. Originally there were seven mandatory policies, with the dispute resolution requirement added in 2006 and the reserve study requirement added in 2009. Since SB-100 became law there have also been many other additions and amendments to the Colorado Common Interest Act (CCIOA) and Colorado Revised Nonprofit Act that affect these policies.

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Earlier this month the Department of Housing and Urban Development (HUD) announced that it had reached a settlement with an apartment complex in the Denver Area for rules that discriminated against familial status under the federal Fair Housing Act (FHA). Readers of this blog will be aware that the FHA applies to residential community associations too, and this offending rule wouldn’t look out of place in many common interest communities:

"All children must be supervised by an adult at all times while playing outside. No sports activities, skateboarding, roller-blading, or general extracurricular activities are to take place in our community.  If we see anyone violating any of the above activities or see any unsupervised children they will be sent home immediately."

The settlement required the rules above be amended, that the apartment owner build a $10,000 playground, and that all employees of the apartment complex owner attend fair housing training within one year.

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