signs
Utah law does not regulate how an association restricts or prohibits signs in the recorded CC&Rs (a.k.a, the declaration). But, the law does regulate how a board restricts or prohibits signs in rules, as follows:
Political Signs
Community Associations. A rule may not prohibit an owner from displaying a political sign or flag on: (1) a lot, (2) the exterior of the dwelling, regardless of whether the association owns or maintains the exterior, or (3) the front yard of the dwelling, regardless of whether the association owns or maintains the yard. A rule may reasonably regulate the time, place, and manner of posting a political sign, but may not regulate the content of a political sign or flag, except to prohibit obscene, profane, or commercial content. 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.
Condo Associations. A rule may not prohibit a unit owner from displaying a political sign or flag in their window. A rule may not regulate the content of a political sign or flag or establish design criteria for a political sign or flag. However, a rule may reasonably regulate the size and when, where, and how a political sign is posted.
For-Sale Signs
Community Associations. A rule may not prohibit an owner from displaying a for-sale sign on: (1) a lot, (2) the exterior of the dwelling, regardless of whether the association owns or maintains the exterior, or (3) the front yard of the dwelling, regardless of whether the association owns or maintains the yard. A rule may reasonably regulate the time, place, and manner of posting a for-sale sign.
Condo Associations. A rule may not prohibit a unit owner from displaying a for-sale sign in their window. However, a rule may reasonably regulate the size and time, place, and manner of posting a for-sale sign.
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.