Each unit owner in a condo association has certain rights and responsibilities provided in the law, in addition to the rights and responsibilities outlined in the association governing documents.

RIGHTS

A unit owner has the following rights:

Architectural Plans

A unit owner has the right to have architectural plans reviewed without a fee that exceeds the actual cost of reviewing and approving the plans. And, if the plans are denied, the association must tell the owner in writing which specific governing document provision was relied on to deny the plans and the specific aspect of the plans that doesn’t conform to that provision.
Utah Code § 57-8-6.7.

Board

• Although the law does not grant this right, an owner generally has the right to serve on an association board of directors, as specified in the declaration or bylaws. The only requirements of the law are that a board member be a natural person (not a legal entity) and 18 years old or older. A board member does not need to be a Utah resident or an owner in the association unless required by the declaration or bylaws.
  Utah Code § 57-8-59.
• A unit owner has the right to notice of a board meeting, as well as the right to attend a board meeting and participate in a limited comment period during the meeting (except during the period of developer control). And to request a court to compel the association to comply with those requirements.  Utah Code § 57-8-57.

Buying a Unit

• As a buyer of a unit, a unit owner has the right to receive from the seller the recorded governing documents of the association and a link to the Department of Commerce’s educational materials regarding associations and the rights and responsibilities of owners and residents.
  Utah Code § 57-8-6.1.
• As a buyer of a unit, if the seller installed an electric vehicle charging system: (1) the seller must disclose to you the existence of the charging system and, as the unit owner, your related responsibilities to the association and under Utah Code Section 57-8-8.2, and (2) unless you as the buyer of the unit accept ownership of and all rights and responsibilities that apply to the charging system, the seller must remove the charging system and restore the property to the condition before installation of the charging system.
  Utah Code § 57-8-8.2.
• As a buyer of a unit during the period of developer control of the association, a unit owner has:
  • The right to receive from the developer a copy of the association’s governing documents and a copy of the association’s most recent financial statement that includes any reserve funds held by the association.
  • The right to the use of reasonable care and prudence by the developer in managing and maintaining the common property.
  • The right to establishment of a sound fiscal basis for the association by the developer by imposing and collecting assessments and establishing reserves for the maintenance and replacement of common property.
  • The right to maintenance of records and accounting for the financial affairs of the association from its inception by the developer.
  • The right to disclosure from the developer of: (1) the amount by which the developer is providing or subsidizing services that the association is or will be obligated to provide, (2) all material facts and circumstances affecting the condition of the property that the association is responsible for maintaining, and (3) all material facts and circumstances affecting the financial condition of the association, including the interest of the developer and the developer’s affiliates in any contract, lease, or other agreement entered into by the association.
  • The right to compliance by the developer with and enforcement of the terms of the governing documents, including design controls, land-use restrictions, and the payment of assessments.

          Utah Code § 57-8-7.5(11), Davencourt at Pilgrims Landing Homeowners Ass'n v. Davencourt at Pilgrims Landing, LC, 2009 UT 65, 221 P.3d 234, 246.

Common Areas

• Each owner has an ownership interest in the common areas and facilities and facilities. The declaration must specify the percentage or fraction of the owner’s ownership interest. Voting rights and assessment obligations must be based on that percentage or fraction.
  Utah Code § 57-8-7 & 57-8-24.
• A unit owner has the right of access to and from the owner’s unit over the common areas and the right to use and enjoyment of the common areas and facilities, in accordance with their intended purposes without hindering or encroaching upon the lawful rights of the other owners.
  Utah Code § 57-8-7(5).
• Only you have the right to use property designated as your limited common areas and facilities, which is property owned by the entire community but reserved for your personal use. Maintenance responsibilities for limited common area varies. But since limited common area is common area, the association handles maintenance and repair unless the declaration says the unit owner is responsible.  
  Utah Code § 57-8-7(7).

Developer Control

• A unit owner has the right to elect board members after the period of developer control, which may not exceed the first to occur of the following: (1) six years in an expandable condominium, four years in a project containing any convertible land, or three years in any other condominium project, or (2) after units holding three-fourths of the undivided interest in the common areas have been conveyed, or after all additional land has been added to the project and all convertible land has been converted, whichever last occurs.
• Additionally, no management contract, lease of recreational areas, or any other contract or lease designed to benefit the developer which was executed on behalf of the association is binding after the period of developer control unless renewed or ratified at that time by a majority of the votes in the association. However, a contract for services not designed to benefit the developer executed on behalf of the association during a period of developer control is binding beyond that period of unless terminated by the board after the period ends.

Utah Code § 57-8-16.5 & 57-8-39(2).

Disability

A unit owner has the right to a "reasonable accommodation" in an association’s rules, practices or services that is necessary for a person with a disability to use or enjoy a dwelling.  An association is also required to permit a person with a disability to make reasonable modifications to the common area or to a unit. The modification is made at the expense of the person with a disability (unless it is to be used by anyone other than that person, or, if the HOA requires more expensive materials or options than those proposed by the person, then the HOA pays the difference). This is in contrast to an "accommodation." Accommodations are made by the HOA and can result in an expense to the HOA (unless it creates a financial burden on the HOA). The Fair Housing Act prohibits discrimination on the basis of disability in any HOA matter.  See Index, disability.

Electric Vehicles

A unit owner has the right to install and use an electric vehicle charging system in: (1) a parking space assigned to the owner’s unit, or (2) a limited common area parking space designated for the owner’s exclusive use, subject to any requirements of the association authorized by Utah Code § 57-8-8.2(3).
Utah Code § 57-8-8.2.

Enforcement and Fines

• A unit owner has the right to a written warning before the first fine is levied for a violation of the governing documents. The warning must describe the violation and state the provision of the governing documents that the owner’s conduct violates. A fine for a continuous violation may not be levied more often than every 10 days. Fines may not exceed $500 per calendar month for violations of the same provision of the governing documents (but the total may exceed $500 for violations of different provisions of the governing documents).
• A unit owner has the right to have the amount of fines that may be levied set forth in a governing document.

Utah Code § 57-8-37

Governing Documents

• A unit owner has the right to vote (if otherwise qualified to vote) to approve changes to the declaration, after the developer control period.  Utah Code § 57-8-39(1)(a)(ii).
• A unit owner has the right to request that the board remove from the recorded governing documents a specific provision that expresses a preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity. Within 90 days, the board must investigate the claim and if they determine there is such a provision, they may remove the provision by amending the document by a vote of the board without approval of the owners.

Utah Code § 57-21-6.1.

HOA Registry

• A unit owner has to access and view on the Utah HOA Registry (1) the name and address of the association, (2) the name, address, telephone number, and, if applicable, email address of the president of the association, (3) the name and address of each manager or board member, (4) the name, address, telephone number, and email or fax number of a primary contact person who has association payoff information needed in connection with the closing or sale of the owner’s unit, and
• A unit owner has to not have a lien enforced against the owner by the association during any time the association is not in compliance with the requirements of the law relating to the Utah HOA Registry.

Utah Code § 57-8-13.1.

Insurance

• A unit owner has the right to be an insured under the association’s master insurance policy, which includes coverage for fixtures and improvements in the owner’s unit and limited common area, subject to the owner’s responsibility to pay all or a portion of the deductible.
• A unit owner has the right to receive notice from the association of the amount of the deductible for the master insurance policy and of any change in the amount of the deductible. Notice may be provided by posting on the association website.

Utah Code § 57-8-43.

Lien Foreclosure

A unit owner has the right to require judicial foreclosure of the association’s lien for unpaid assessments instead of nonjudicial foreclosure. A judicial foreclosure is carried out through a lawsuit filed with a court and follows the typical process and procedures of a lawsuit. A nonjudicial foreclosure does not go through the courts but is carried out by the association trustee through the process outlined in Utah law for the foreclosure of deeds of trust (a deed of trust is usually used instead of a mortgage in Utah for financing a home purchase).
Utah Code § 57-8-46(3).

Meetings

• A unit owner has the right to receive fair and reasonable notice of both annual and special meetings of the members.
  Utah Code § 16-6a-704.
• A unit owner has the right to call a special meeting of the members.  See Index, special meetings.
  Utah Code § 16-6a-702.

Notice Before Entering Unit

A unit owner has the right to receive written notice hand delivered to the unit at least 24 hours before the association enters the owner’s unit during reasonable hours as necessary for maintenance of common areas, and to receive notice that is reasonable under the circumstances before entering the unit to make emergency repairs, and right to have resulting damage caused by the association to owner’s unit repaired within a reasonable time.
Utah Code § 57-8-7(8).

Parking, Towing

• If the recorded declaration does not prohibit parking in a driveway, a rule adopted by the board cannot prohibit parking an operable vehicle in a driveway where the owner otherwise has a legal right to park (except certain commercial and recreational vehicles), but a rule may require parking in a garage before parking elsewhere.
• If the recorded declaration does not restrict the use of a public street, such as parking on a public street, a rule adopted by the board cannot restrict the use a public street (including parking).

Utah Code § 57-8-8.1.

Payoff Info

A unit owner has the right to receive payoff info needed in connection with the closing of the owner’s financing or sale of the unit within five business days and fee for providing the info is capped at $50 and the HOA cannot charge it unless authorized in the declaration, bylaws or rules. The payoff request must be sent in writing to the primary contact designated in the HOA Registry and must contain name, phone number and address of owner, email or fax number to receive payoff info, include a written consent for release of the info that authorizes the person requesting the info to receive the info and is signed and dated by the unit owner.
Utah Code § 57-8-6.3.

Records

• A unit owner has the right to access all of the governing documents, the most recent approved minutes, and the most recent budget and financial statement, on the association’s website, or if there isn’t one, to obtain physical copies of the documents free of charge during regular business hours at the association’s address registered with the Utah Department of Commerce’s HOA Registry.
• If the association fails to comply with the statute after a request by an owner for the governing documents, the most recent approved minutes, and the most recent budget and financial statement, the owner is entitled to receive $25 for each day the request goes unfulfilled starting on the sixth day after the day of the request, as well as any reasonable attorney fees and costs incurred by the owner in obtaining the documents.
• A unit owner has the right to view certain other records of the association specified in the law, including financial statements and meeting minutes. An association cannot charge for the cost of electronic transmission of documents requested by an owner and if hard copies or electronic scans are necessary, an association is limited in the amount that can be charged to an owner for the copies or electronic scans.
• If the association fails to comply with the statute after an owner’s request for records, an owner may give a 10 day notice containing certain things required by the statute, including how the association has failed to comply with the law and demanding compliance, then after the 10 days, the owner may file an action in court to compel the association to comply and to request $1,000 or actual damages, whichever is greater, and the party that wins may be entitled to have their attorney fees and costs paid by the other party, at the judge’s discretion.

Utah Code § 57-8-17.  See Index, records.

Rental Restrictions

• A unit owner has the right to be exempted from restrictions on the number and term of rentals imposed by the association if: (1) the owner is in the military and deployed, (2) the unit is occupied by a unit owner’s parent, child, or sibling, (3) the owner’s employer has relocated the owner for two years or less, (4) the unit is owned by an entity that is occupied by an individual who has voting rights under the entity’s organizing documents and has a 25% or greater share of ownership, control, and right to profits and losses of the entity, (5) a unit owned by a trust or other entity created for estate planning purposes if the trust or other estate planning entity was created for the estate of a current resident of the unit or the parent, child, or sibling of the current resident of the unit, or (6) the owner has a rental in the project before the rental restrictions were recorded, until the owner occupies the unit or transfers the unit.
  These exemption requirements do not apply to a condominium project where the initial declaration is recorded before May 12, 2009, unless, on or after May 12, 2015, the association adopts a rental restriction or amends an existing rental restriction.
  Utah Code § 57-8-10.1.
• A unit owner has the right to rent the owner’s unit (if allowed to do so) without: (1) obtaining the association’s approval of a prospective renter, (2) giving the association a copy of a rental application, a renter’s credit information or report or background check, or verification of the renter’s age, except in limited circumstances specified in the statute, or (3) paying an additional assessment, fine, or fee because the unit is a rental unit, except an annual $200 fee if the association allows at least 35% of the units to be rented, (4) use a lease agreement provided by the association (but an association may require an association addendum to a lease agreement), or (5) obtain the association’s approval of a lease agreement.
  An owner will receive a waiver of the $200 fee if the owner requests in writing that the association waive the fee after the association fails to give, within 30 days of imposing the fee, to each unit owner impacted by the fee a notice describing the new administrative expenses that the association intends to cover using the funds from the fee and the circumstances that required the association to impose or increase the fee.
  Utah Code § 57-8-10.1.
• A unit owner has the right, if the owner owns a rental unit, to designate, in a written notice to the association, a primary contact with whom the association may communicate as though the primary contact is the owner. If an owner designates a primary contact, the association must provide the owner a written notice that confirms the association has changed the records to identify the primary contact.
  Utah Code § 57-8-10.1(13)

Reserves

A unit owner has the right:

• To receive annually a summary of the most recent reserve analysis or update without a request, and the right to receive the complete reserve analysis or update any time upon request.
• To have a reserve fund line item included in the budget (in an amount the board determines, based on the reserve analysis, to be prudent, or as required by the declaration).
• To veto a reserve fund line item in a budget if 51% of the voting interests vote for the veto at a special meeting called by the owners and if the meeting is held within 45 days of the adoption of the budget.
• To have a court require an association to do 5, 6, or 7 and to receive $500 or actual damages, whichever is more and the reasonable attorney fees and costs incurred by the owner, if the association fails, within 90 days after the owner gives a written demand to the association, to comply with the requirements of the law specified in the notice. Right to have court order association to produce the summary or the complete reserve analysis on an expedited basis.
• To approve use of money in a reserve fund for any purpose other than the purpose for which the reserve fund was established, by a vote of a majority of the owners. Additionally, the owners have the right to approve use of money in a reserve fund for daily maintenance expenses unless there is a shortfall in the budget that occurs while a state of emergency for the entire state is in effect and more than 10% of owners are delinquent in assessment payments as a result of events giving rise to the state of emergency, in which case owners holding 51% of the voting rights may veto such use of reserve fund money at a special meeting the owners call with at least 48 hours notice to each owner.
• As a buyer of a unit, the right to receive from the developer, during the period of developer control, a copy of the association’s governing documents, and a copy of the association’s most recent financial statement that includes any reserve funds held by the association.

Utah Code § 57-8-7.5(5)-(9) & (11).

Rules

A “rule” is a restriction that governs conduct or property and that is adopted by a board, rather than by a vote of the owners, and does not include restrictions in the declaration or bylaws.

Unless expressly restricted or authorized in the declaration—not merely in a rule—an owner retains the right:

• to be treated similarly as similarly situated owners.
• to not be treated differently because the owner owns a rental unit, with some specified exceptions and unless the declaration authorizes a rule to do so.
• to determine the composition of the owner’s household, with some specified exceptions and unless the declaration authorizes a rule to modify that right.
• to not incur a late fee exceeding the greater of 10% of the assessment amount or $50, or interest of more than 1.5% per month (18% per annum), unless the declaration authorizes a rule to impose, or directly authorizes, a higher late fee or interest.
• to install a security camera immediately adjacent to an entry point of a unit, but not in a common area not physically connected to the unit, and unless the declaration authorizes a rule to modify that right.
• to display a religious or holiday sign, symbol, or decoration inside a unit, except a rule may restrict when, where and how it is displayed if visible outside the unit.
• to display in a window a for-sale sign, a political sign, or a flag, but a rule may: (1) regulate the content, including design criteria, of a political sign or flag, (2) restrict a political sign or flag that contains obscene, profane, or commercial content, and (3) reasonably regulate the size and time, place, and manner of posting a for-sale sign, a political sign, or a flag.
• to, for landscaping the owner is responsible for: (1) utilize water wise landscaping according to rules adopted by the association supporting water wise landscaping; (2) utilize low water use on a lawn during drought conditions, and (3) convert a grass park strip of less than 8 feet wide to water-efficient landscaping, except where necessary for erosion control.
• to make modifications for radon mitigation consistent with industry standards and without rules governing the placement or appearance of modifications that unreasonably interfere with the modifications’ functionality or add more than 40% of the modifications’ original cost to the cost of installation. A rule may require proof of radon contamination and installation by a licensed person.
• to park an operable vehicle in a driveway where the owner otherwise has a legal right to park (except certain commercial and recreational vehicles), but a rule may require parking in a garage before parking elsewhere.
• to operate a vehicle, except for a commercial vehicle, in conformance with state traffic laws, except a rule may impose a reduced speed limit on a private road.
• to use a public street free from a rule.
• to install, display, or store an item that the individual has a legal right to store if the item is not visible to someone standing outside the unit.
• to use a contractor or worker that is not on the association’s preferred vendor list or does not have a professional or occupational license, unless the license is required by law.

Utah Code § 57-8-8.1.

Violations

• A unit owner has the right to a written notice of a violation and a time to cure before a fine is levied
• A unit owner has the right to have a court to compel another owner or the association to comply with the declaration, bylaws and rules of the association, and the right to recover compensation to make the owner whole for any loss or injury the owner suffered (damages).

Utah Code § 57-8-8.

Voting

• A unit owner has the right to vote in the matters specified in the statutes or the declaration and bylaws, including amendments to the declaration.
• A unit owner has the right to a voting right proportional to the owner’s ownership interest in the common areas, as specified in the declaration.

Utah Code § 57-8-24.

RESPONSIBILITIES

Owners in a condominium project have the following responsibilities:

Assessments

• The responsibility to pay the common expenses assessed against the owner and associated charges. Both the buyer and the seller of a unit are responsible for all unpaid assessments against the seller levied before the sale or transfer of the unit.
  Utah Code § 57-8-24 & 25.
• If an owner fails to pay assessments or other charges, the responsibility to pay applicable late fees and interest, as well as attorney fees and collection costs incurred in collecting the past-due amounts.
  Utah Code § 57-8-44 & 49.

Association Affairs

The responsibility to participate in association affairs to the extent necessary for the association to be able to operate and carry out its responsibilities under the governing documents and the law, such as by attending meetings in order to ensure the association obtains the required quorum to transact business and by filling volunteer positions, such as board positions, as necessary.

Common Area

The duty to use the common areas and facilities in accordance with their intended purposes and without hindering or encroaching upon the lawful rights of the other owners.
Utah Code § 57-8-7(5).

Governing Documents and the Law

The responsibility to know and abide by the Condominium Ownership Act and the declaration, bylaws and rules of the association, as well as all agreements, decisions and determinations lawfully made by the board. This responsibility extends to residents and guests, as well.
Utah Code § 57-8-34.

Insurance

If damage occurs to the owner’s unit or limited common area and the damage is covered by the association master insurance policy, the responsibility to pay the amount of the association insurance deductible proportionate to the damage to the owner’s unit and limited common area in relation to the total damage. It is a good idea, and is required by some declarations, for the owner to purchase insurance for the unit to cover this responsibility.
Utah Code § 57-8-43.

Maintenance and Alterations

• The responsibility for maintenance, repair, and replacement of all parts of the owner’s unit (except when damage is covered by an association insurance policy), and the association is responsible for the maintenance, repair, and replacement of common areas and facilities, unless the declaration says otherwise. Maintenance responsibilities for limited common area varies. But since limited common area is common area, the association handles maintenance and repair unless the declaration says the unit owner is responsible.
  Utah Code § 57-8-7(7).
• The responsibility to not do any work or make any alterations or changes that would jeopardize the soundness or safety of a building or any part of the condominium project or reduce its value, and to not interfere with any easement.
  Utah Code § 57-8-9.

Sale of Unit

• When the owner sells the unit, the responsibility to provide to the buyer the recorded governing documents of the association and a link to the Department of Commerce’s educational materials regarding associations and the rights and responsibilities of owners and residents.
  Utah Code § 57-8-6.1.
• If the owner installed an electric vehicle charging system: (1) the responsibility to disclose to a prospective buyer of the unit the existence of the charging system and the owner’s related responsibilities to the association and under Utah Code Section 57-8-8.2, and (2) before transferring ownership of the unit, unless the prospective buyer of the unit accepts ownership of and all rights and responsibilities that apply to the charging system, the owner must remove the charging system and restore the premises to the condition before installation of the charging system.
  Utah Code § 57-8-8.2.