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HOA resources and laws
annotated
Counsel Our HOA
HOA resources and laws
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Condo Act
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Other Utah Statutes Relevant to HOAs
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Contractors, Hiring. License Required.
§ 58-55-501
(is illegal to hire unlicensed person to perform work, unless person not required to be licensed)
Flag, Display of.
Title 57, Ch. 24
(condo ass'ns can't prohibit 3'x5' flag in area of owner's exclusive control)
Interest on Contracts and Judgments.
Title 15, Ch. 1 (contract may choose any interest rate, otherwise default is 10% per annum)
Nuisance.
Title 78B, Ch. 6, Part 11
(tobacco smoke, etc.)
Service Contracts Act.
Title 15, Ch. 10
(requirements for automatically renewing contracts, e.g., year after year)
Statutes, Construction of.
Title 68, Ch. 3 (rules for interpreting Utah statutes; definitions)
Transfer Fee Covenants, Reinvestment Fee Covenants.
§ 57-1-46 (to charge a fee on title transfer, a notice must be recorded separately from the CC&Rs; exceptions required)
Common Area Parcels on a Plat.
§ 10-9a-606 (conveyance of common area independent of other lots/units is subject to limitations)
Defective Construction.
§ 78B-4-513 (limits on claims for construction defects)
Discriminatory housing practices regarding real estate -- Existing real property contract provisions.
§ 57-21-6.1 (Discriminatory CC&R provisions are void, may not be enforced, and may be amended without vote)
Fire Code - BBQs on balconies.
Title 15A, Ch. 5 (no open-flame cooking devices on a balcony or within 10 feet of a building; exceptions)
Limitations on Landowner Liability
Title 57, Ch. 14 (liability relating to recreational use; inherent risks of certain activities)
Public Use Constituting Dedication of Private Road
§ 72-5-104 (a private road is deemed dedicated to the use of the public when it has been continuously used as a public thoroughfare for 10 years)
Rights and Privileges of an Individual with a Disability
Title 62A, Ch. 5b (lying about assistance animal is a crime)
Tow Truck Provisions
Title 72, Ch. 9, Part 6 (required signage for towing in HOA)
Case Law
Federal
Federal Laws Applicable to HOAs
Fair Housing Act
(discrimination; assistance animals; applies to all associations)
Summary of Fair Housing Act (Federal)
Reasonable Accommodations under the Fair Housing Act - Q & A
Reasonable Modifications under the Fair Housing Act - Q & A
Step-by-Step Guide to Responding to a Request for Assistance Animal
Over the Air Reception Devices (OTARD)
(satellite dishes; applies to all associations)
OTARD Summary and Q & A
OTARD 47 CFR § 1.4000 (FCC Rule)
Housing for Older Persons Act (HOPA)
(applies to "55 & older" communities; allows restrictions that would otherwise be discriminatory)
HOPA Summary and Q & A
Implementation of HOPA at 24 CFR Part 100 (HOPA Rules)
Housing for Older Persons Act (HOPA) 42 USC § 3607
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Home
Index
Condo Act
Community Ass'n Act
Nonprofit Act
Other UT
Laws
Other Utah Statutes Relevant to HOAs
Main
More
Contractors, Hiring. License Required.
§ 58-55-501
(is illegal to hire unlicensed person to perform work, unless person not required to be licensed)
Flag, Display of.
Title 57, Ch. 24
(condo ass'ns can't prohibit 3'x5' flag in area of owner's exclusive control)
Interest on Contracts and Judgments.
Title 15, Ch. 1 (contract may choose any interest rate, otherwise default is 10% per annum)
Nuisance.
Title 78B, Ch. 6, Part 11
(tobacco smoke, etc.)
Service Contracts Act.
Title 15, Ch. 10
(requirements for automatically renewing contracts, e.g., year after year)
Statutes, Construction of.
Title 68, Ch. 3 (rules for interpreting Utah statutes; definitions)
Transfer Fee Covenants, Reinvestment Fee Covenants.
§ 57-1-46 (to charge a fee on title transfer, a notice must be recorded separately from the CC&Rs; exceptions required)
Common Area Parcels on a Plat.
§ 10-9a-606 (conveyance of common area independent of other lots/units is subject to limitations)
Defective Construction.
§ 78B-4-513 (limits on claims for construction defects)
Discriminatory housing practices regarding real estate -- Existing real property contract provisions.
§ 57-21-6.1 (Discriminatory CC&R provisions are void, may not be enforced, and may be amended without vote)
Fire Code - BBQs on balconies.
Title 15A, Ch. 5 (no open-flame cooking devices on a balcony or within 10 feet of a building; exceptions)
Limitations on Landowner Liability
Title 57, Ch. 14 (liability relating to recreational use; inherent risks of certain activities)
Public Use Constituting Dedication of Private Road
§ 72-5-104 (a private road is deemed dedicated to the use of the public when it has been continuously used as a public thoroughfare for 10 years)
Rights and Privileges of an Individual with a Disability
Title 62A, Ch. 5b (lying about assistance animal is a crime)
Tow Truck Provisions
Title 72, Ch. 9, Part 6 (required signage for towing in HOA)
Case Law
Federal
Federal Laws Applicable to HOAs
Fair Housing Act
(discrimination; assistance animals; applies to all associations)
Summary of Fair Housing Act (Federal)
Reasonable Accommodations under the Fair Housing Act - Q & A
Reasonable Modifications under the Fair Housing Act - Q & A
Step-by-Step Guide to Responding to a Request for Assistance Animal
Over the Air Reception Devices (OTARD)
(satellite dishes; applies to all associations)
OTARD Summary and Q & A
OTARD 47 CFR § 1.4000 (FCC Rule)
Housing for Older Persons Act (HOPA)
(applies to "55 & older" communities; allows restrictions that would otherwise be discriminatory)
HOPA Summary and Q & A
Implementation of HOPA at 24 CFR Part 100 (HOPA Rules)
Housing for Older Persons Act (HOPA) 42 USC § 3607
Downloads
& Guides
For Boards
For Owners
More
Federal
Downloads & Guides
For Boards
For Owners
Q & A's Posted
Articles
Legislation
About
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Comments/Feedback
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Password
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More
Q & A's Posted
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Utah HOA Case Law
Non-exhaustive Compilation
American National Property & Casualty Company v. Sorensen (common area as insured location under homeowner's policy) '13
Architectural Committee of Mount Olympus Cove v. Kabatznick (standing to represent owners) '97
B. Investment LC v. Anderson (plat v CC&Rs, unit definition) '12
Bell Canyon Acres Homeowners Association v. Mclelland (declaratory judgment, joinder of parties) '19
Bonneville Tower v. Thompson Michie Assoc. (standing to represent owners, indispensable parties) '86
Brickyard HOA Management Committee v. Gibbons (standing to represent owners) '83
Centennial Pointe v. Onyeabor (late fees as liq. damages, constructive notice) '09
Country Oaks Condo MC v. Jones (what is unit, unit = enclosed area) '93
Crimmins v. Simonds (enforceability of covenant breached many times) '81
Dansie v. Hi-Country Estates HOA (recording & notice of covenants, merger, general plan or scheme) '99
Davencourt at Pilgrims Landing HOA v. Davencourt et al. (economic loss doctrine, developer duties, implied warranty of habitability) '09
Ditty v. Checkrite (attorney liability under FDCPA) '97
Fink v. Miller (abandonment of covenant, enforcement) '95
Fort Pierce v. Shakespeare (CC&Rs not strictly construed) '16
Gables at Sterling v. Castlewood-Sterling (defective construction, privity, assignment, breach of fiduciary duty) '18
Gonzalez v. Cullimore (FDCPA) '18
Grassy Meadows SR v. Grassy Meadows Airport (amending CC&Rs by developer) '12
Hayes v. Gibbs (general plan or scheme; tax sale) '46
Hi-Country v. Emmer (evaluating independence of committee in derivative suit) '13
Hutter v. Dig-It (statutory lien never a wrongful lien) '09
Johannessen v. Canyon Road Towers (modification of assessment, ownership interests, estoppel) '02
Kenny v. Rich (attorney fees) '08
Levanger v. Vincent (strict compliance, voting procedures) '00
Lodge at Westgate Park City v. Westgate Resorts (standing to represent owners, promissory estoppel, ratification, common area definition)
Oak Lane HOA v. Griffin (easement by plat) '11
Osmond Lane HOA v. Landrith (authority of entity, authority for HOA action, ratification) '13
Park West Condo v. Deppe (which law governs, strict compliance) '06
Rapoport v. Four Lakes Village (ARC review, requiring neighbors' consent for an improvement, attorney fees) '13
Reedeker v. Salisbury (director liability, ultra vires, CC&Rs are a contract, interpretation, governing law) '98
Rowley v. Marrcrest HOA (waiver, estoppel, ARC review, self help) '82
Secor v. Knight (merger doctrine as to covenants) '86
Smith v. Frandsen (duty of care of developer, builder) '04
Smith v. Simas (injunction not appropriate, balancing of equities) '14
South Ridge Homeowners' Assoc v. Brown (interpreting documents, short term rentals) '10
Swan Creek v. Warne (authority of entity, ratification, assessments, tax sale, CC&Rs as contract) '06
Swenson v. Erickson (abandonment, architectural review) '00
Swenson v. Erickson (amending covenants) '07
Sycamore Family v. Vintage on the River HOA (statute of limitations, nuisance, trespass) '06
Thompson v. Capener (statute of frauds, ratification) '19
Three Fountains v. Leigh (capital improvements) '98
Timber Lakes Property Owners Association v. Cowan (injunctive relief/irreparable harm) '19
Todd Hollow v. Homes at Deer Mountain (developer assignment) '15
Turner v. Hi-Country HOA (paying assessments when no benefit received) '96
United States v. Fox Point at Redstone Association, Inc., No. 2:11-cv-01069 (discrimination, assistance animal)
Vanderwood v. Woodward (abandonment, CC&R interpretation, injunctive relief) '19
View Condo Ass'n v. MSICO (developer amendments, plat amendments, takings) '05
Walker Invest v. Sunpeak Ass'n (records request, emails and phone numbers) '15
WDIS, LLC v. Hi-Country Estates Homeowners Association (quiet title, statute of limitations) '19
WDIS, LLC v. Hi-Country Estates Homeowners Association (unsigned covenants voidable not void) '22
Workman v. Brighton Properties, Inc. (paying assessments when no benefit received) '99