flags
Condos
- Utah and U.S. Flag. The law does not allow a condominium association to prohibit a unit owner from displaying a Utah or US flag up to 3 feet x 5 feet, made from fabric or cloth, from a staff or pole in the owner's limited common areas and facilities or from a window in the unit owner's unit, if the display is consistent with the guidelines in United States Code, Title 4, Chapter 1, The Flag. See Utah Code §§ 57-24-101, 57-24-102.
- All Flags. The Condo Act prohibits associations from having a rule that prohibits an owner from displaying a "flag" in a window of a condominium unit, or that regulates the content or establishs specific design criteria for the content of a flag, except a rule may restrict a flag that contains obscene, profane, or commercial content. The Act does not define "flag." Additionally, a rule may reasonably regulate the size and time, place, and manner of posting a flag. See Utah Code § 57-8-8.1.
Community Associations
- U.S. Flag. The Community Association Act does not allow a community association to prohibit a lot owner from displaying a United States flag inside a dwelling or limited common area or on a lot, if the display complies with United States Code, Title 4, Chapter 1, The Flag. A community association may restrict the display of a flag on common areas, except as provided in the following bullet point that applies to rules, but not the declaration/CC&Rs). See Utah Code § 57-8a-219.
- All Flags. The Community Association Act prohibits associations from having a rule that prohibits an owner from displaying a "flag" on a lot, a dwelling exterior or the front yard of a dwelling, regardless if the association owns the yard. The Act does not define "flag." A rule can't regulate the content of a flag, but may restrict a flag that contains obscene, profane, or commercial content. While a rule may regulate the time, place and manner a political sign is posted, a rule may not do so for a flag. Finally, a "design provision" may not establish "design criteria" for a political sign or flag. Presumably, that means neither a rule nor any other governing document (such as the CC&Rs) can do so.fn1 See Utah Code § 57-8a-218.
FN 1. The Act does not define “design criteria,” and it’s not entirely clear when the statute restricts design criteria, whether only design criteria contained in rules are so restricted, or if all design criteria, whether in the CC&Rs or the rules, are so restricted. That is, a rule is specifically defined as a restriction that is not set forth in the CC&Rs (or bylaws). So, is a design criterion also a restriction that is not set forth in the CC&Rs? Or is it a restriction set forth in any governing document?
Because the Act refers to “design criteria” separately from “rules,” it appears the intent is to treat them as distinct. Therefore, when this section restricts design criteria, it likely does so regardless of where they appear—whether in the CC&Rs, the rules, or elsewhere.