57-8a-402. Applicability of part

(1) This part applies to an insurance policy or combination of insurance policies:
      (a) issued or renewed on or after July 1, 2011; and
      (b) issued to or renewed by:
            (i) a lot owner; or
            (ii) an association, regardless of when the association is formed.

(2) Unless otherwise provided in the declaration, this part does not apply to a project if all of the project's lots are restricted to entirely nonresidential use.

(3) Subject to Subsection (4), this part does not apply to a project if:
      (a) the initial declaration for the project is recorded before January 1, 2012;
      (b) the project includes attached dwellings; and
      (c) the declaration requires each lot owner to insure the lot owner's dwelling.

(4) (a) An association to which this part does not apply under Subsection (3) may amend the declaration, as provided in the declaration and applicable law, to subject the association to this part.
      (b) During the period of administrative control, an amendment under Subsection (4)(a) requires the consent of the declarant


Enacted 2011, ch. 355.  Amended 2013, Ch 152, eff. May 14, 2013.


Print   Email

Questions and Answers

Have questions about a statute? Ask it and an experienced Utah HOA attorney will answer it, plus see all the previous questions and answers.

Only members may post and view questions and answers. Join us by subscribing today!

Key Concepts explained

The index is the main hub of the site, where key concepts are explained

The 6 resolutions & 5 forms every HOA should have

Procedures required by law, updated as the laws change yearly, so your HOA is always in compliance. Plus other policy resolutions
*Prudent-Legal plan only

Step-by-Step Guides

Guides to walk board through owner requests for: records, assistance animal (disability), satellite dish, solar device. Avoid violating federal and Utah law!
Guides to walk a homeowner through making request for records and to keep an assistance animal for a person with a disability.

2 Hours Attorney Time

Counsel from a Utah HOA specialist attorney
*Prudent-Legal plan only

Q & A

Have questions about a statute? Ask it and an experienced HOA attorney will answer it. Plus, see all the other Q & A.

Legal Updates

Stay informed! Get updates of new HOA laws with explanations of how they affect your community and what to do to comply and minimize risk.

Tools to help you understand the law

Key words defined in hovercards, powerful search, comments, footnotes, tags, explanations and case law summaries

Plus more!