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57-8a-109. Limit on fee for approval of plans

(1) As used in this section:
      (a) "Fire-resistant material" means a material designed and tested to resist ignition, slow the spread of fire, or withstand high temperatures, including
            (i) Class A roofing;
            (ii) non-combustible siding;
            (iii) a fiber cement product;
            (iv) metal roofing; or
            (v) fire-rated gypsum board.
      (b) "Lot plans" means plans:
            (i) for the construction or improvement of a lot; and 
            (ii) that are required to be approved by the association before the lot construction or improvement may occur.
      (c) "Plan fee" means a fee that an association charges for review and approval of lot plans.

(2) An association may not charge a plan fee that exceeds the actual cost of reviewing and approving the lot plans.

(3) An association may not prohibit, unreasonably restrict, deny, or delay a plan due to the plan's inclusion of a fire-resistant material in an area with heightened risk of wildfire.

(4) If the association denies a lot plan, the association shall provide written notice to the lot owner specifying:
      (a) each governing document provision on which the association relied when denying the plan; and
      (b) the specific aspect of the proposed plan that does not conform to the specified governing document provision.


Enacted 2013. ch. 152, eff. May 14, 2013; 2025, ch. 226, eff. May 7, 2025.

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HOA resources and laws annotated
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HOA resources and laws annotated