Rental Restrictions in Utah HOAs

Question:

Can an HOA change the bylaws and not permit owners to rent their property?

– Teri

 

Answer:

Hi Teri,

Yes, homeowners associations can amend their CC&Rs to include rental restrictions, as per Section 57-8a-209 of the Utah Community Association Act and Section 57-8-10.1 of the Utah Condominium Ownership Act. Both sections talk about the types of restrictions the association shall include and what restrictions are not permitted.

The sections also go on to say in subsection (7) that:

“(7) Notwithstanding this section, an association may restrict or prohibit rentals without an exception described in Subsection (2) if:
(a) the restriction or prohibition receives unanimous approval by all lot owners; and
(b) when the restriction or prohibition requires an amendment to the association’s recorded declaration of covenants, conditions, and restrictions, the association fulfills all other requirements
for amending the recorded declaration of covenants, conditions, and restrictions described in the association’s governing documents.”


Disclaimer:
We are not lawyers. The information provided on this website does not constitute legal advice.

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