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


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