Utah HOA Case Law
Non-exhaustive Compilation
Other UT Laws
Other Utah Statutes Relevant to HOAs
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)
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 & AReasonable Modifications under the Fair Housing Act - Q & AStep-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 & AOTARD 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 & AImplementation of HOPA at 24 CFR Part 100 (HOPA Rules) Housing for Older Persons Act (HOPA) 42 USC § 3607Other UT Laws
Other Utah Statutes Relevant to HOAs
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)
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 & AReasonable Modifications under the Fair Housing Act - Q & AStep-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 & AOTARD 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 & AImplementation of HOPA at 24 CFR Part 100 (HOPA Rules) Housing for Older Persons Act (HOPA) 42 USC § 3607