57-8a-219 Display of the flag.
(1) An association may not 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.
(2) An association may restrict the display of a flag on the common areas.
Enacted by Chapter 355, 2011 General Session
57-8-8.1. Equal treatment by rules required -- Limits on rules.(1) |
(a) | Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit owners similarly. |
(b) | Notwithstanding Subsection (1)(a), a rule may: (i) | vary according to the level and type of service that the association of unit owners provides to unit owners; |
(ii) | differ between residential and nonresidential uses; or |
(iii) | for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant's guest or as the unit owner's guest. |
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(2) |
(a) | If a unit owner owns a rental unit and is in compliance with the association of unit owners' governing documents and any rule that the association of unit owners adopts under Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a rental unit. |
(b) | Notwithstanding Subsection (2)(a), a rule may: (i) | limit or prohibit a rental unit owner from using the common areas and facilities for purposes other than attending an association meeting or managing the rental unit; |
(ii) | if the rental unit owner retains the right to use the association of unit owners' common areas and facilities, even occasionally: (A) | charge a rental unit owner a fee to use the common areas and facilities; and |
(B) | for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant's guest or as the unit owner's guest; or |
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(iii) | include a provision in the association of unit owners' governing documents that: (A) | requires each tenant of a rental unit to abide by the terms of the governing documents; and |
(B) | holds the tenant and the rental unit owner jointly and severally liable for a violation of a provision of the governing documents. |
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(3) |
(a) | A rule may not interfere with the freedom of a unit owner to determine the composition of the unit owner's household. |
(b) | Notwithstanding Subsection (3)(a), an association of unit owners may: (i) | require that all occupants of a dwelling be members of a single housekeeping unit; or |
(ii) | limit the total number of occupants permitted in each residential dwelling on the basis of the residential dwelling's: (A) | size and facilities; and |
(B) | fair use of the common areas and facilities. |
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(4) | Unless contrary to a declaration, a rule may require a minimum lease term. |
(5) | Unless otherwise provided in the declaration, an association of unit owners may by rule: (a) | regulate the use, maintenance, repair, replacement, and modification of common areas and facilities; |
(b) | impose and receive any payment, fee, or charge for: (i) | the use, rental, or operation of the common areas, except limited common areas and facilities; and |
(ii) | a service provided to a unit owner; |
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(c) | impose a charge for a late payment of an assessment; or |
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(6) |
(a) | Except as provided in Subsection (6)(b), a rule may not prohibit a unit owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the owner's condominium unit. |
(b) | A rule may prohibit a unit owner from installing a personal security camera in a common area not physically connected to the owner's unit. |
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(7) |
(a) | A rule may not abridge the right of a unit owner to display a religious or holiday sign, symbol, or decoration inside the owner's condominium unit. |
(b) | An association may adopt a reasonable time, place, and manner restriction with respect to a display that is visible from the exterior of a unit. |
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(8) |
(a) | A rule may not: (i) | prohibit a unit owner from displaying in a window of the owner's condominium unit:
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(ii) | regulate the content of a political sign; or |
(iii) | establish design criteria for a political sign. |
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(b) | Notwithstanding Subsection (8)(a), a rule may reasonably regulate the size and time, place, and manner of posting a for-sale sign or a political sign. |
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(9) | An association of unit owners: (a) | shall adopt rules supporting water-efficient landscaping, including allowance for low water use on lawns during drought conditions; and |
(b) | may not prohibit or restrict the conversion of a grass park strip to water-efficient landscaping. |
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(10) | A rule shall be reasonable. |
(11) | A declaration, or an amendment to a declaration, may vary any of the requirements of Subsections (1) through (5), except Subsection (1)(b)(ii). |
(12) | This section applies to an association of unit owners regardless of when the association of unit owners is created. |
Amended by Chapter 439, 2022 General Session