C.R.S. 38-33.3-106.5. states that HOAs may prohibit signs and flags bearing a commercial message, and may establish reasonable, content-neutral sign and flag regulations based upon the number, placement, size or other objective factors related to non-commercial flags. However, there are limitations in the prohibition of content of non-commercial flags.
2.11.1 PERMITTED FLAG TYPES
- There are no restrictions on the content of flags per C.R.S. 38-33.3-106.5; however, commercial flags are restricted (see below).
- Flag size shall be no larger than 3 feet by 5 feet (3’x 5’).
- All flags and flag poles or staffs must be maintained in good condition and must be replaced as necessary to prevent wear and tear.
Flags bearing a commercial message, including but not limited to, trade, marketing, landscaping, painting, remodeling, or business advertising, or in any way pertaining to the exchange or buying and selling of commodities and/or intending to make a profit are prohibited.
2.11.3 PLACEMENT AND NUMBER OF FLAGS
- A maximum of two non-commercial flags are permitted to be displayed within the Owner’s property at a time.
- A flag may be displayed within a window inside the residence; from a balcony, patio or deck adjoining the residence, or from a staff projecting horizontally from a location on the front or back of the residence. The staff may not be longer than 8 feet in length.
- Freestanding flagpoles may not exceed 24 feet (24’) in height, and no more than two are allowed. American flags must adhere to proper flag etiquette prior to flying (see https://www.usa.gov/flag).
- Solar or low voltage lighting shall be installed to illuminate the American flag at night as required by Title 36 U.S.C. §174 and comply with Section 4.16. Lighting for permitted flags must receive approval (via a DRR) from the MC before being installed or illuminated. Lighting shall not be installed so as to disturb other residences.