2021 Proposed Covenant Amendment (Voting Due by Nov. 2)

 As a result of the State of Colorado recently passed laws that impact HOAs: HB 21-1229 and HB 21-1310, we need to update the language of our Oakbrook Declaration of Covenants, Conditions, and Restrictions to comply with these laws that went into effect in September 2021, specifically Article III: Use Restrictions, Section 18. Signs.

Please review the proposed new language on the following slide, and then complete your Vote Card with a "yes" or "no" for the proposed amendment. Return your Vote Card in person at the Annual Meeting on October 19, 2021, or apply a post card stamp and return your Vote Card by mail postmarked no later than November 2, 2021.

Existing Language

Section 18. Signs

No sign of any character shall be displayed or placed upon any of the lots in the properties except one professional sign of not more than five square feet in area, advertising the property for sale, during any sales period. All signs are subject to the approval of the Committee. The only exceptions are as follows: 

a) for signs of political endorsements, which shall not exceed four signs, and each sign will not be more than three square feet in area. Political endorsement signs must be removed within 3 days following an election; 

b) security system signs identifying that the premise has a security system; 

c) a sign stating that a student resident in the house is participating on a school sports team or in other school activities, which may be displayed only during the specific sports or activity season; and 

d) one sign placed by a business while they are doing work for a resident, which sign must be removed within one week of the completion of the work.

Proposed Language

Section 18. Signs and Flags

The Association may adopt reasonable content neutral rules regulating the number, location/placement, and size of flags and signs. Additionally, the Association may regulate signs and flags bearing commercial messages. Pursuant to 2021 changes in Colorado Law, and to uphold the aesthetics of the Oakbrook Homeowners Association, the following will apply to all Lots:

a) Flags

i) Pursuant to C.R.S. § 38-33.3-106.5(a), the Association may not prohibit the display of a flag on an Owner’s property, prohibit or regulate the display of flags on the basis of their subject matter, message or content, or prohibit the installation of a flag or flagpole.

ii) Number: At any given time, no more than two (2) flags shall be displayed on a Lot.

iii) Placement: Flags may be placed on a Lot on a flagpole or attached to the main structure on the lot (i.e., attached to the balcony on the house), but may not be attached to a garage door.

iv) Size: Flags shall not exceed a maximum dimension of three (3) feet by five (5) feet.

v) Flagpoles: Flagpoles may be placed on a Lot. Prior to installation, Owners must obtain approval of a proposed flagpole from the Association. Flagpoles may be freestanding or mounted on a building, and the flagpole installation may be temporary or permanent. Flagpoles shall be limited to two (2) per Lot. Flagpoles shall not exceed twenty (20) feet in height. Flagpoles shall be placed at least ten (10) feet from the Lot boundary. Flagpoles may not be placed on the Common Elements. Flagpoles pre-existing the 2021 changes to Colorado Law shall be grandfathered in and are not required to be changed.

b) Signs

i) Content: Pursuant to C.R.S. § 38-33.3-106.5(c), the Association may not prohibit the display of a sign by an Owner or occupant of a Lot within the boundaries of the Lot, or prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content.

ii) Number: At any given time, no more than two (2) signs shall be displayed on a Lot. A double-sided sign shall constitute one (1) sign. A sign with three (3) or more sides is prohibited.

iii) Placement: Signs may be placed on a lot and shall be placed at least two (2) feet from the Lot boundary. Signs may be attached to the main structure on the lot (i.e., attached to the balcony on the house), but may not be attached to a garage door.

iv) Size: Signs shall not exceed a maximum dimension of three (3) square feet.

v) Height: Signs shall not exceed three (3) feet in height, measured from the top of the Sign to the        lowest adjacent grade.

c) Commercial Messages

i) A security system sign that identifies that the premise has a security system is permitted.

ii) One sign placed by a business while they are doing work for a resident is permitted and must be removed within one week of the completion of the work.

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