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 or of the State of Nevada within such physical portion of the common-interest community 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 or of the State of Nevada for commercial advertising purposes.

(b) Preclude 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 or of the State of Nevada by a unit’s owner.

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 or of the State of Nevada” means a flag of the United States or of the State of Nevada that is:

(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window;

(c) With regard to a flag of the United States, displayed in a manner that is consistent with 4 U.S.C. Chapter 1; and

(d) With regard to a flag of the State of Nevada, not larger than the size of a flag of the United States that is displayed, if at all, by a unit’s owner.

The term does not include a depiction or emblem of the flag of the United States or of the State of Nevada that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.

(Added to NRS by 2003, 2966; A 2015, 851) — (Substituted in revision for NRS 116.31067)