Utah HOA Laws

In Utah, homeowners associations are governed by a specific statute, though there are also other statutes that apply to them. Find out what these Utah HOA laws are below.

 

For Community Associations

The Utah Community Association Act regulates the creation, operation, authority, and management of homeowners associations. It covers topics such as fines, rental restrictions, budgets, notice requirements, liens, and insurance, among other things.

You can find the Utah Community Association Act under Title 57, Chapter 8a of the Utah Code. It consists of seven parts, each one divided further into sections.

Part 1 General Provisions

Part 2 Administrative Provisions

Part 3 Collection of Assessments

Part 4 Insurance

Part 5 Association Board

Part 6 Consolidation of Associations

Part 7 Solar Access

 

For Condominiums

The Utah Condominium Ownership Act governs the creation, powers, operation, and management of condominium associations in the state. These associations must expressly choose to follow the provisions of this Act by recording a declaration with the county recorder’s office where the property is found.

You can find the Utah Condominium Ownership Act under Title 57, Chapter 8 of the Utah Code. It consists of the following sections:

 

Utah HOA Laws on Corporate Governance

The Utah Revised Nonprofit Corporation Act regulates non-profit corporations in the state when it comes to corporate procedure and structure. Condominiums and homeowners associations that establish as non-profit corporations will have to adhere to the provisions set forth within this Act.

You can find the Utah Revised Nonprofit Corporation Act under Title 16, Chapter 6a of the Utah Code. There are 16 parts under this Act, namely:

  • General Provisions – Sections 101 through 119
  • Incorporation – Sections 201 through 207
  • Purposes And Powers – Sections 301 through 304
  • Name – Sections 401 through 601
  • Members – Sections 602 through 613
  • Member Meetings and Voting – Sections 701 through 718
  • Directors and Officers – Sections 801 through 826
  • Indemnification – Sections 901 through 910
  • Amendment of Articles of Incorporation and Bylaws – Sections 1001 through 1014
  • Merger – Sections 1101 through 1105
  • Sale of Property – Sections 1201 through 1202
  • Distributions – Sections 1301 through 1302
  • Dissolution – Sections 1401 through 1419
  • Foreign Nonprofit Corporations – Sections 1501 through 1518
  • Records, Information, and Reports – Sections 1601 through 1610
  • Transitional Provisions and Scope of Chapter – Sections 1701 through 1705

 

Utah HOA Laws on Fines

In Utah, homeowners associations are given the power to issue fines when a member has violated a covenant or rule (Section 57-8a-208). But, if an association’s governing documents prohibit the levying of fines, then they may not do so. Before an HOA can issue a fine, it must accomplish the following:

  • Notify the homeowner of the violation
  • Inform the homeowner that the association will impose a fine if they fail to remedy the violation within the provided timeframe (at least 48 hours)

Homeowners associations may only charge a fine for a violation of a covenant, condition, restriction, or rule specifically written within the governing documents. The dollar amount must also follow the specific amount set forth within the governing documents.

 

Utah HOA Laws on Records Inspection

According to Section 57-8a-227 of the Utah Code, homeowners associations must make documents available to lot owners for inspection or review. Lot owners may also request to copy association records. But, the HOA reserves the right to redact sensitive or confidential information such as social security numbers, bank account numbers, and any information subject to attorney-client privilege.

 

Utah HOA Laws on Solar Energy Devices

Under the Utah Code Section 57-8a-701 and Section 10-9a-610, homeowners associations can’t prohibit members from installing or using solar energy devices, solar energy systems, or clotheslines. This also includes solar panels. Any provisions that do so are deemed void and unenforceable. However, associations may regulate the size, placement, and location of solar energy systems, provided they don’t affect the performance or cost.

 

Utah HOA Laws on Flag Display

Homeowners associations can’t prohibit members from displaying the United States flag on their own property. This is according to Section 57-8a-219 of the Utah Code. But, associations can restrict flag displays on the common areas of the community.

 

Fair Housing

The HOA laws of Utah also extend to preventing housing discrimination. The Utah Fair Housing Act protects citizens from housing discrimination based on national origin, race, color, sex, gender identity, sexual orientation, religion, source of income, familial status, or disability. It is similar to the federal Fair Housing Act.

Housing discrimination victims in Utah may report the matter to the U.S. Department of Housing and Urban Development or the Utah Antidiscrimination and Labor Division. On the other hand, victims can also choose to file a private lawsuit in federal or state court.

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