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Counsel Our HOA
HOA resources and laws
annotated
Counsel Our HOA
HOA resources and laws
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Condo Act
Community Ass'n Act
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Condo Act
Community Ass'n 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
Contact
Comments/Feedback
Request Legal Advice
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View plans
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Password
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More
Q & A's Posted
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Community Association Act
Utah Code, Title 57, Chapter 8a
57-8a-101. Title
57-8a-102. Definitions
57-8a-103. Scope of chapter
57-8a-104. Limitation on requirements for amending governing documents -- Limitation on contracts
57-8a-105. Registration with Department of Commerce
57-8a-105.1. Information required before sale to independent third party
57-8a-106. Fee for providing payoff information needed at closing
57-8a-107. Amending the declaration to make provisions of this chapter applicable
57-8a-108. Rules against perpetuities and unreasonable restraints -- Insubstantial failure to comply
57-8a-109. Limit on fee for approval of plans
57-8a-201. Payment of a common expense or assessment
57-8a-206. Written statement of unpaid assessment
57-8a-208. Fines
57-8a-209. Rental restrictions
57-8a-210. Lender approval -- Declaration amendments and association action
57-8a-211. Reserve analysis -- Reserve fund
57-8a-212. Content of a declaration
57-8a-212.5. Compliance with governing documents
57-8a-213. Board action to enforce governing documents -- Parameters
57-8a-214. Fair and reasonable notice
57-8a-215. Budget
57-8a-216. Association bylaws -- Recording required -- Bylaw requirement
57-8a-217. Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval
57-8a-218. Equal treatment by rules required -- Limits on association rules and design criteria
57-8a-219. Display of the flag
57-8a-220. Creditor approval may be required for lot owner or association action under declaration -- Creditor approval presumed in certain circumstances -- Notice to creditor or creditor's successor
57-8a-221. Reincorporation of terminated or dissolved association
57-8a-222. Removing or altering partition or creating aperture between dwelling units on adjoining lots
57-8a-223. Eminent domain -- Common area
57-8a-224. Responsibility for the maintenance, repair, and replacement of common area and lots
57-8a-225. Association's right to pay delinquent utilities
57-8a-226. Board meetings -- Open Meetings
57-8a-227. Records -- Availability for examination
57-8a-228. Organization of an association -- Governing document hierarchy -- Reorganization
57-8a-229. Liability of declarant or board of directors -- Period of administrative control
57-8a-230. Administration of funds
57-8a-231. Water wise landscaping
57-8a-301. Lien in favor of association for assessments and costs of collection
57-8a-302. Enforcement of a lien
57-8a-303. Notice of nonjudicial foreclosure -- Nonjudicial foreclosure prohibited if unit owner demands judicial foreclosure
57-8a-304. Provisions applicable to nonjudicial foreclosure
57-8a-305. One-action rule not applicable -- Abandonment of enforcement proceeding
57-8a-306. Costs and attorney fees in lien enforcement action
57-8a-307. Action to recover unpaid assessment
57-8a-308. Appointment of receiver
57-8a-309. Termination of a delinquent owner's rights -- Notice -- Informal hearing
57-8a-310. Requiring tenant in residential lot to pay rent to association if owner fails to pay assessment
57-8a-311. Statement from association's manager or board of unpaid assessment
57-8a-401. Definition
57-8a-402. Applicability of part
57-8a-403. Property and liability insurance required -- Notice if insurance not reasonably available
57-8a-404. Other and additional insurance -- Limit on effect of lot owner act or omission -- Insurer's subrogation waiver -- Inconsistent provisions
57-8a-405. Property insurance
57-8a-406. Liability insurance
57-8a-407. Damage to a portion of project -- Insurance proceeds
57-8a-501. Board acts for association
57-8a-502. Period of administrative control
57-8a-601. Consolidation of multiple associations
57-8a-701. Solar energy system -- Prohibition or restriction in declaration or association rule
57-8a-702. Attorney fees
57-8a-703. Applicability
57-8a-801. Definitions
57-8a-802. Electric vehicle charging systems -- Restrictions -- Responsibilities
Historical Sections of Community Association Act