Articles

*Note:  The primary source of information for various terms and concepts is the Index, as well as the statutes and comments to the statutes.

New 2021 HOA Laws and What They Mean For Your HOA

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).

Statutes to be Aware of

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 . . .

Primer for Board Members

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 ...

Which Laws Apply to My Association?

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 . . .

7 Signs Your HOA’s Governing Documents May Be Out of Date

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 . . .

Open Meetings, What's Required?

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).

Can an HOA Board Draft their Own CC&Rs?

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.

Collecting Assessments: Remedies and Risks

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 . . .

Did the Vote Pass? What Various Voting Requirements Mean

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.

8 Misunderstood Points of HOA Governance

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:

Relieving Board Members' Burdens through Committees

By Curtis G. Kimble

One of the most powerful but overlooked tools at the disposal of an association board is that of committees.

CounselOurHOA.com
HOA resources and laws annotated
CounselOurHOA.com
HOA resources and laws annotated