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

• Title.
• Definitions.
• Scope of chapter.
• Limitation on requirements for amending governing documents — Limitation on contracts.
• Registration with Department of Commerce — Department publication of educational materials.
• Information required before sale to independent third party.
• Fee for providing payoff information needed at closing.
• Amending the declaration to make provisions of this chapter applicable.
• Rules against perpetuities and unreasonable restraints — Insubstantial failure to comply.
• Limit on fee for approval of plans.

Part 2 Administrative Provisions

• Payment of a common expense or assessment.
• Written statement of unpaid assessment.
• Fines.
• Rental restrictions.
• Lender approval — Declaration amendments and association action.
• Reserve analysis — Reserve fund.
• Content of a declaration.
• Compliance with governing documents.
• Board action to enforce governing documents — Parameters.
• Fair and reasonable notice.
• Budget.
• Association bylaws — Recording required — Bylaw requirements.
• Association rules, including design criteria — Requirements and limitations relating to board’s action on rules and design criteria — Vote of disapproval.
• Equal treatment by rules required — Limits on association rules and design criteria.
• Display of the flag.
• Creditor approval may be required for lot owner or association action under declaration — Creditor approval presumed in certain circumstances — Notice to creditor or creditor’s successor.
• Reincorporation of terminated or dissolved association.
• Removing or altering partition or creating aperture between dwelling units on adjoining lots.
• Eminent domain — Common area.
• Responsibility for the maintenance, repair, and replacement of common areas and lots.
• Association’s right to pay delinquent utilities.
• Board meetings — Open board meetings.
• Records — Availability for examination.
• Organization of an association — Governing document hierarchy — Reorganization.
• Liability of declarant or board of directors — Period of administrative control.
• Administration of funds.

Part 3 Collection of Assessments

• Lien in favor of association for assessments and costs of collection.
• Enforcement of a lien.
• Notice of nonjudicial foreclosure — Limitations on nonjudicial foreclosure.
• Provisions applicable to nonjudicial foreclosure.
• One-action rule not applicable — Abandonment of enforcement proceeding.
• Costs and attorney fees in lien enforcement action.
• Action to recover unpaid assessment.
• Appointment of receiver.
• Termination of a delinquent owner’s rights — Notice — Informal hearing.
• Requiring tenant in residential lot to pay rent to association if owner fails to pay assessment.
• Statement from association’s manager or board of unpaid assessment.

Part 4 Insurance

• Definition.
• Applicability of part.
• Property and liability insurance required — Notice if insurance not reasonably available.
• Other and additional insurance — Limit on effect of lot owner act or omission — Insurer’s subrogation waiver — Inconsistent provisions.
• Property insurance.
• Liability insurance.
• Damage to a portion of project — Insurance proceeds.

Part 5 Association Board

• Board acts for association.
• Period of administrative control.

Part 6 Consolidation of Associations

• Consolidation of multiple associations.

Part 7 Solar Access

• Solar energy system — Prohibition or restriction in declaration or association rule.
• Attorney fees.
• Applicability.

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:

• Short title.
• Applicability of chapter.
• Definitions.
• Status of the units.
• Removing or altering partition or creating aperture between adjoining units.
• Recognized tenancy relationships.
• Ownership and possession rights.§ 6
• Information required before sale to independent third party.
• Fee for providing payoff information needed at closing.
• Limit on fee for approval of plans.
• Common areas and facilities.
• Scope — Designation of certain areas.
• Reserve analysis — Reserve fund.
• Compliance with covenants, bylaws and/or house rules and administrative provisions.
• Equal treatment by rules required — Limits on rules.
• Certain work prohibited.
• Contents of declaration.
• Rental restrictions.
• Indemnification and limit of liability.
• Amending the declaration to make provisions of this chapter applicable.
• Board action to enforce governing documents — Parameters.
• Contents of deeds of units.
• Recording.
• Condominium plat to be recorded.
• Registration with Department of Commerce — Department publication of educational materials.
• Conversion of convertible land — Amendment to declaration — Limitations.
• Conversion of convertible space — Amendment to declaration — Limitations.
• Expansion of project.
• Contraction of project.
• Condominiums containing convertible land — Expandable condominiums — Allocation of interests in common areas and facilities.
• Land to be withdrawn or added to project — Applicability of restrictions.
• Easement rights — Sales offices and model units — Damage to property.
• Legal description of units.
• Bylaws.
• Contents of bylaws.
• Appointment and removal of committee members and association officers — Renewal or ratification of contracts — Failure to establish association or committee.
• Records — Availability for examination.
• Blanket mortgages and other blanket liens affecting unit at time of first conveyance.
• Liens against units — Removal from lien — Effect of part payment.
• Acquisition through tax deed or foreclosure of liens.
• Removal of property from statutory provisions.
• Removal no bar to subsequent resubmission.
• Common profits, common expenses, and voting rights — Unit — Unconstructed unit.
• Joint and several liability of grantor and grantee for unpaid common expenses.
• Waiver of use of common areas and facilities — Abandonment of unit.
• Separate taxation.
• Exemption from rules of property.
• Application of insurance proceeds to reconstruction.
• Disposition of property where insurance proceeds are insufficient for reconstruction.
• Sale of property.
• Property taken by eminent domain — Allocation of award — Reallocation of interests.
• Actions.
• Persons subject to provisions and agreements.
• Effect of other laws — Compliance with ordinances and codes — Approval of projects by municipality or county.
• Existing projects — Effect of statutory amendments.
• Fines.
• Arbitration.
• Limitation on requirements for amending governing documents — Limitation on contracts.
• Organization of an association of unit owners under other law — Governing document hierarchy — Reorganization.
• Lender approval — Declaration amendments and association action.
• Fair and reasonable notice.
• Insurance.
• Lien in favor of association of unit owners for assessments and costs of collection.
• Enforcement of a lien.
• Notice of nonjudicial foreclosure — Limitations on nonjudicial foreclosure.
• Provisions applicable to nonjudicial foreclosure.
• One-action rule not applicable — Abandonment of enforcement proceedings.
• Costs and attorney fees in lien enforcement action.
• Action to recover unpaid assessment.
• Appointment of receiver.
• Termination of a delinquent owner’s rights — Notice — Informal hearing.
• Requiring tenant in residential condominium unit to pay rent to association of unit owners if owner fails to pay assessment.
• Statement from manager or management committee of unpaid assessment.
• Consolidation of multiple associations of unit owners.
• Association of unit owners’ right to pay delinquent utilities.
• Management committee meetings — Open meetings.
• Liability of declarant or management committee — Period of declarant control.
• Management committee act for association of unit owners.
• Administration of funds.

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.