Historical Version of Section.
Effective May 13, 2014.
Superseded May 12, 2015.
(1) As used in this section, "rentals" or "rental lot" means:
(a) a lot owned by an individual not described in Subsection (1)(b) that is occupied by someone while no lot owner occupies the lot as the lot owner's primary residence; and
(b) a lot owned by an entity or trust, regardless of who occupies the lot.
(2) (a) Subject to Subsections (2)(b), (6), and (7), an association may:
(i) create restrictions on the number and term of rentals in an association; or
(ii) prohibit rentals in the association.
(b) An association that creates a rental restriction or prohibition in accordance with Subsection (1)(a)(i) shall create the rental restriction or prohibition in a recorded declaration of covenants, conditions, and restrictions, or by amending the recorded declaration of covenants, conditions, and restrictions.
(3) If an association prohibits or imposes restrictions on the number and term of rentals, the restrictions shall include:
(a) a provision that requires the association to exempt from the rental restrictions the following lot owner and the lot owner's lot:
(i) a lot owner in the military for the period of the lot owner's deployment;
(ii) a lot occupied by a lot owner's parent, child, or sibling;
(iii) a lot owner whose employer has relocated the lot owner for no less than two years; or
(iv) a lot owned by a trust or other entity created for estate planning purposes if the trust or other estate planning entity was created for:
(A) the estate of a current resident of the lot; or
(B) the parent, child, or sibling of the current resident of the lot;
(b) a provision that allows a lot owner who has a rental in the association before the time the rental restriction described in Subsection (2)(a) is recorded with the county recorder of the county in which the association is located to continue renting until:
(i) the lot owner occupies the lot; or
(ii) an officer, owner, member, trustee, beneficiary, director, or person holding a similar position of ownership or control of an entity or trust that holds an ownership interest in the lot, occupies the lot; and
(c) a requirement that the association create, by rule or resolution, procedures to:
(i) determine and track the number of rentals and lots in the association subject to the provisions described in Subsections (3)(a) and (b); and
(ii) ensure consistent administration and enforcement of the rental restrictions.
(4) For purposes of Subsection (3)(b), a transfer occurs when one or more of the following occur:
(a) the conveyance, sale, or other transfer of a lot by deed;
(b) the granting of a life estate in the lot; or
(c) if the lot is owned by a limited liability company, corporation, partnership, or other business entity, the sale or transfer of more than 75% of the business entity's share, stock, membership interests, or partnership interests in a 12-month period.
(5) This section does not limit or affect residency age requirements for an association that complies with the requirements of the Housing for Older Persons Act, 42 U.S.C. Sec. 3607.
(6) The declaration of covenants, conditions, and restrictions or amendments to the declaration of covenants, conditions, and restrictions recorded prior to the transfer of the first lot from the initial declarant may prohibit or restrict rentals without providing for the exceptions, provisions, and procedures required under Subsection (3)(a).
(7) Subsections (2) through (6) do not apply to:
(a) an association that contains a time period unit as defined in Section 57-8-3;
(b) any other form of timeshare interest as defined in Section 57-19-2; or
(c) an association in which the initial declaration of covenants, conditions, and restrictions is recorded before May 12, 2009.
(8) Notwithstanding this section, an association may, upon unanimous approval by all lot owners, restrict or prohibit rentals without an exception described in Subsection (3).
(9) Except as provided in Subsection (10), an association may not require a lot owner who owns a rental lot to:
(a) obtain the association's approval of a prospective renter; or
(b) give the association:
(i) a copy of a rental application;
(ii) a copy of a renter's or prospective renter's credit information or credit report;
(iii) a copy of a renter's or prospective renter's background check; or
(iv) documentation to verify the renter's age.
(10) (a) A lot owner who owns a rental lot shall give an association the documents described in Subsection (9)(b) if the lot owner is required to provide the documents by court order or as part of discovery under the Utah Rules of Civil Procedure.
(b) If an association's declaration of covenants, conditions, and restrictions lawfully prohibits or restricts occupancy of the lots by a certain class of individuals, the association may require a lot owner who owns a rental lot to give the association the information described in Subsection (9)(b), if:
(i) the information helps the association determine whether the renter's occupancy of the lot complies with the association's declaration of covenants, conditions, and restrictions; and
(ii) the association uses the information to determine whether the renter's occupancy of the lot complies with the association's declaration of covenants, conditions, and restrictions.
Enacted 2009, ch. 178. Amended 2014, ch. 397, eff. May 13, 2014.