On June 30th, 2020, House Bill 20-1200 was signed into law. This bill HB20-1200 amended the Colorado Common Interest Ownership Act (“CCIOA�) to include protections for unit owners who wish to display religious items or symbols on the entry door or entry door frame of their unit.
HB20-1200 amended §38-33.3-106.5 of the CCIOA. This section now includes §38-33.3-106.5(c.5), which states that that despite any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit the display of a religious item or symbol on the entry door or entry door frame of a unit.
However, an Association may prohibit the item or symbol to the extent that it:
- Threatens public health or safety;
- Hinders the opening or closing of an entry door;
- Violates federal or state law or a municipal ordinance;
- Contains graphics, language or any display that is obscene or otherwise illegal; or
- Individually or in combination with other religious items or symbols, covers an area greater than thirty-six square inches.
This means that if you live in an HOA and would like to place a cross or a mezuzah, or any other "item or symbol displayed because of a sincerely held religious belief" (so long as it does not violate one of the above prohibitions) your association may not prevent you from doing so.
What’s a mezuzah, you ask? Good question! Adherents to the Jewish faith sometimes place a piece of parchment called a “klaf� contained in a decorative case and inscribed with specific Hebrew verses from the Torah. In mainstream Rabbinic Judaism, a mezuzah is affixed to the doorpost of Jewish homes.
As a Board Member, you should review HB20-1200 and §38-33.3-106.5 of the CCIOA and then review your association’s governing documents to ensure compliance. Do not hesitate to reach out to a licensed Colorado attorney if you have any questions regarding compliance. As a homeowner, you should also review HB20-1200 and §38-33.3-106.5 of the CCIOA to familiarize yourself with your rights and responsibilities, if you chose to display religious items or symbols on the entry door or entry door frame of your unit.