The Utah general legislative session for 2022 was January - March 2022, and the general effective date for legislation from the session was May 4, 2022.
The Utah general legislative session for 2021 was January - March 2021, and the general effective date for legislation from the session is May 5, 2021 (except that one bill does not go into effect until October 1, 2021).
Every board member and manager should know that certain laws exist. It isn't necessary to know what the law says regarding everything, but there are key statutes every board member and manager should generally be aware of. They include, in my opinion, the following . . .
New board members naturally have many questions about what their duties are and what authority they have. This primer is a brief, concise introduction to many fundamental concepts of association governance, operation and management every board member should ...
Quick Summary: The Condo Act applies to property which the owner (generally, the "declarant") submits to the Act by recording a declaration as provided in the Act. To determine if the property has been submitted to the Act, look for language in the first few pages of the CC&Rs/declaration that says the property is . . .
Many communities were established with governing documents that worked well for the developer, but may or may not work so well for the HOA and the homeowners. Many of these governing documents . . .
Both the Utah Condominium Ownership Act and the Utah Community Association Act require board meetings to be open to each homeowner (or the homeowner’s designated representative).
By Curtis G. Kimble
I am routinely asked if I will review amended governing documents (CC&Rs, bylaws, etc.) which the board, the property manager or another person has drafted in order to save money over having an HOA attorney draft them.
A homeowners association is entirely funded by the assessments of its members. This means that an owner's delinquency in paying assessments directly affects the association's ability . . .
You and the rest of the board have worked hard to communicate the importance of a renovation project to the members and a special assessment is desperately needed to fund the project. But, the approval of the members is needed to pass the special assessment. You know your CC&Rs require a majority of members to vote yes to approve a special assessment. But, you’re not sure if it’s a majority of all of the members, or a majority of those that actually vote, or of those that show up at the meeting.
HOA governance isn’t simple or easy and, unfortunately, board members are just volunteers doing their best with too little time and too little money. I think that’s why even basic principles of HOA governance are often misunderstood by board members (and managers too). Here is some clarification of 8 frequently misunderstood issues:
By Curtis G. Kimble
One of the most powerful but overlooked tools at the disposal of an association board is that of committees.
Q & A
Questions posted to statutes by readers and answers provided by an HOA attorney.
For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act.
Pages with Posted Q & A
Page Name | (number of Q & A's)
- 57-8-8.1. Equal treatment by rules required -- Limits on rules | (2)
- Reasonable Accommodations under the Fair Housing Act - Q & A | (2)
- Park West Condo v. Deppe (which law governs, strict compliance) '06 | (2)
- 16-6a-807. Resignation of directors | (1)
- 57-8a-227. Records -- Availability for examination | (6)
- 16-6a-1601. Corporate records | (2)
- 57-8-39. Limitation on requirements for amending declaration or bylaws | (4)
- 57-8a-226. Board meetings -- Open Meetings | (4)
- 57-8a-209. Rental restrictions | (2)
- 57-8a-104. Limitation on requirements for amending governing documents -- Limitation on contracts | (2)
- 57-8a-217. Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval | (2)
Posted Q & A
- 7.6.20 9:19am
- 7.2.20 1:09pm
- 5.20.21 7:47pm
- 6.30.20 5:19pm
- 6.28.20 8:42pm
- 6.26.20 5:16pm
- 6.25.20 7:37pm
- 7.5.22 3:46pm
- 7.4.22 2:54pm
- 4.30.20 6:02pm
- 4.30.20 5:31pm
- 6.12.20 6:25pm
- 6.12.20 1:42pm
57-8a-217. Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval
- 10.22.18 4:03pm
- 10.22.18 1:27pm
- 6.22.20 4:23pm
- 6.19.20 6:56pm
- 6.19.20 5:53pm
- 6.19.20 2:13pm
- 7.6.20 9:37am
- 7.4.20 11:51am
- 6.4.20 5:59pm
- 6.4.20 3:43pm
- 6.4.20 9:40am
- 6.3.20 9:17pm
- 11.23.21 8:54am
- 11.20.21 8:34am
- 6.6.22 1:14pm
- 6.4.22 2:37pm