Other Utah Statutes Relevant to HOAs
Flag, Display of
Utah Code Title 57, Chapter 24
This Chapter provides that a condominium association may not prohibit a unit owner from displaying a flag up to 3 feet x 5 feet in size in the unit owner's unit or limited common area.
This Chapter does not apply to community associations. See Section 57-8a-219 "Display of the flag," instead.
57-24-101. Definitions.
As used in this chapter:
(1) (a) "Flag" means a depiction or emblem:
(i) (A) of the flag of the United States as provided in United States Code Title 4, Chapter 1, The Flag; or
(B) of the state flag of Utah as provided in Section 63G-1-501;
(ii) made from fabric or cloth; and
(iii) with measurements that do not exceed three feet by five feet.
(b) "Flag" does not include a depiction or emblem made from:
(i) lights;
(ii) paint;
(iii) roofing;
(iv) siding;
(v) paving materials;
(vi) flora;
(vii) balloons; or
(viii) any other building, landscaping, or decorative component.
(2) "Resident" means:
(a) a renter as defined in Section 57-22-2;
(b) a resident as defined in Section 57-16-3; or
(c) a unit owner as defined in Section 57-8-3.
(3) "Residential property management authority" means:
(a) an owner as defined in Section 57-22-2;
(b) a mobile home park as defined in Section 57-16-3;
(c) a mobile home park residents' association established in accordance with Section 57-16-16;
(d) an association of unit owners as defined in Section 57-8-3; or
(e) a management committee as defined in Section 57-8-3.
Amended by Chapter 382, 2008 General Session
57-24-102. Restriction on prohibition of display of flag.
(1) A residential property management authority may not prohibit a resident from displaying a flag:
(a) consistent with the guidelines in United States Code Title 4, Chapter 1, The Flag;
(b) within an area over which the resident has exclusive control; and
(c) from a staff, pole, or window.
(2) In any action to enforce this section, the prevailing party shall be awarded costs and reasonable attorney fees.
(3) This section does not apply to a contract or agreement entered into before May 3, 2004.
Enacted by Chapter 44, 2004 General Session