Question:
A repair was done in March 2023 by an HOA for the previous owners of a condo. My clients bought the condo in August and it all had to be redone. The HOA said it has no culpability as Utah is a ‘no fault’ state. What does this mean? Is this true?
– Michelle
Answer:
Hi Michelle,
Yes, Utah is a no-fault state. This may mean that the HOA may not be legally obligated to repair the condo and the unit owner may need to turn to their insurance company for repairs.
However, this depends on certain conditions like the provisions within the governing documents. Kindly review them to verify whether the HOA is required to repair units that have been damaged due to negligent repairs or common element issues. The HOA’s insurance policy may also have coverage for certain damages to condo units. For further assistance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
