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HB2158 Interpretation

Hello Dennis,
Things are heating up, the most recent action in our neighborhood being a letter to homeowners sent out by email blast from our HOA President using our Management Company as the distributer. In one section, our Pres attempted to use language in HB2158 to defend the Board’s (or his…not sure) efforts at removing signs homeowners have posted in various places in the community which led to homeowners posting signs on their actual property vs in common areas. Below is the section regarding HB2158, which I believe is an erroneous interpretation. Would you be willing to set one of the sides of this issue straight? If I am in error, I can live with that. If he is in error, it needs to be confirmed and announced.

Per CC&R section 3.5: The distribution of leaflets, handbills, brochures, and all other forms and manner of
solicitation shall be prohibited. Our community is full of part-time residents whose homes are often left vacant
for months at a time. Leaving leaflets and flyers on doors identifies who is not home, making them a prime
target for theft or burglary. Per House Bill 2158, the association cannot prohibit or unreasonably restrict the
display of association-specific political signs. Therefore, pending a board decision otherwise, political signs
specific to the association may be posted within eight feet of PSMRA mailboxes. However, such signs must be
no larger than 18in x 24in and must be free-standing, not attached, or adhered to common area property.

2 Responses

  1. Dennis Legere

    Rhonda,

    For a planned community position of the board is consistent with state law and the bill from last year with one exception. The association is limiting a sign to no more than 3 sq ft and the law specifies an aggregate of 9 sq ft. So, you can have three such signs on your property not the one specified in the policy. Bulletin boards are referred to in the statute relative to notice of informal meetings of the members not political signs. The statute does not specifically address the leaving of flyers on other people’s property so that aspect of the restriction is correct. The association cannot restrict you from going door to door and speaking to homeowners or handing out flyers but not leave them at the door. The only thing that the statute allows you to post on bulletin board or common property is notice to informal meetings of the members. If that is what you posted then the association has no authority to restrict that use irrespective of anything to the contrary in the governing documents.

    Dennis

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