Right of units’ owners to display flag of the United States in certain areas; conditions and limitations on exercise of right

1. Except as otherwise provided in subsection 2, the executive board of an association shall not and the governing documents of that association must not prohibit a unit’s owner from engaging in the display of the flag of the United States within such physical portion of the condominium hotel as that owner has a right to occupy and use exclusively. 2. The provisions of this section do not: (a) Apply to the display of the flag of the United States for commercial advertising purposes. (b) Preclude the hotel unit owner or an association from adopting, and do not preclude the governing documents of an association from setting forth, rules that reasonably restrict the placement and manner of the display of the flag of the United States by a unit’s owner. (c) Preclude the hotel unit owner or an association from adopting, and do not preclude the declaration of the governing documents of an association from setting forth, rules restricting or prohibiting the placement by any person of other signs, symbols or flags within any portion of the condominium hotel. 3. In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorney’s fees and costs. 4. As used in this section, “display of the flag of the United States” means a flag of the United States that is: (a) Made of cloth, fabric or paper; (b) Displayed from a pole or staff or in a window; and (c) Displayed in a manner that is consistent with 4 U.S.C. Chapter 1. Ê The term does not include a depiction or emblem of the flag of the United States that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.