57-8-8.1. Equal treatment by rules required -- Limits on rules

 

Note that CC&Rs may say something different than Subsections (1) through (5) and the CC&Rs will govern (except as to Subsection (1)(b)(ii)).  See Subsection (11) below.

(1)(a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit owners similarly.
      (b) Notwithstanding Subsection (1)(a), a rule may:
            (i) vary according to the level and type of service that the association of unit owners provides to unit owners;
            (ii) differ between residential and nonresidential uses; or
            (iii) for a unit that a unit owner leasesfn1 for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the tenant's guest or as the unit owner's guest.

(2)(a) If a unit owner owns a rental unit and is in compliance with the association of unit owners' declaration and any rule that the association of unit owners adopts under Subsection (5), a rule may not treat the unit owner differently because the unit owner owns a rental unit.
      (b) Notwithstanding Subsection (2)(a), a rule may:
            (i) limit or prohibit a rental unit owner from using the common areas and facilities for purposes other than attending an association meeting or managing the rental unit;
            (ii) if the rental unit owner retains the right to use the association of unit owners' common areas and facilities, even occasionally:
                  (A) charge a rental unit owner a fee to use the common areas and facilities; and
                  (B) for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant's guest or as the unit owner's guest; or
            (iii) include a provision in the association of unit owners' governing documents that:
                  (A) requires each tenant of a rental unit to abide by the terms of the governing documents; and
                  (B) holds the tenant and the rental unit owner jointly and severally liable for a violation of a provision of the governing documents.

(3)(a) A rule may not interfere with the freedom of a unit owner to determine the composition of the unit owner's household.
     (b) Notwithstanding Subsection (3)(a), an association of unit owners may:
            (i) require that all occupants of a dwelling be members of a single housekeeping unit; or
            (ii) limit the total number of occupants permitted in each residential dwelling on the basis of the residential dwelling's:
                  (A) size and facilities; and
                  (B) fair use of the common areas and facilities.

(4) Unless contrary to a declaration, a rule may require a minimum leasefn1 term.

(5) Unless otherwise provided in the declaration, an association of unit owners may by rule:
      (a) regulate the use, maintenance, repair, replacement, and modification of common areas and facilities;
      (b) impose and receive any payment, fee, or charge for:
            (i) the use, rental, or operation of the common areas, except limited common areas and facilities; and
            (ii) a service provided to a unit owner;
      (c) impose a charge for a late payment of an assessment; or
      (d) provide for the indemnification of the association of unit owners' officers and management committee consistent with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.fn2

(6)(a) Except as provided in Subsection (6)(b), a rule may not prohibit a unit owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the owner's condominium unit.
      (b) A rule may prohibit a unit owner from installing a personal security camera in a common area not physically connected to the owner's unit.

(7)(a) A rule may not abridge the right of a unit owner to display a religious or holiday sign, symbol, or decoration inside the owner's condominium unit.
      (b) An association may adopt a reasonable time, place, and manner restriction with respect to a display that is visible from the exterior of a unit.

(8)(a) A rule may not:
            (i) prohibit a unit owner from displaying in a window of the owner's condominium unit:
                  (A) a for-sale sign; or
                  (B) a political sign;
            (ii) regulate the content of a political sign; or
            (iii) establish design criteria for a political sign.
      (b) Notwithstanding Subsection (8)(a), a rule may reasonably regulate the size and time, place, and manner of posting a for-sale sign or a political sign.

(9) For any area for which one or more unit owners are responsible for landscape maintenance, the association of unit owners:
      (a) shall adopt rules supporting water wise landscaping, including:
          (i) low water use requirements on lawns during drought conditions;
          (ii) design criterion for water wise landscaping; and
          (iii) limiting permissible plant material to specific water wise plant material;
     (b) may not prohibit low water use on lawns during drought conditions; and
     (c) may not prohibit or restrict the conversion of a grass park strip to water-efficient landscaping.

(10) A rule may restrict a sex offender from accessing a protected area that is maintained, operated, or owned by the association, subject to the exceptions described in Subsection 77-27-21.7(3).

(11)(a) Except as provided in this Subsection (11), a rule may not prohibit a unit owner from making modifications, consistent with industry standards, for radon mitigation.
     (b) Subsection (11)(a) does not apply if the modifications would violate:
          (i) a local land use ordinance;
          (ii) a building code;
          (iii) a health code; or
          (iv) a fire code.
     (c) A rule governing the placement or external appearance of modifications may apply to modifications for radon mitigation unless the rule would:
          (i) unreasonably interfere with the modifications' functionality; or
          (ii) add more than 40% of the modifications' original cost to the cost of installing the modifications.
     (d) A rule may require that a unit owner making modifications related to radon mitigation:
          (i) demonstrate or provide proof of radon contamination; and
          (ii) provide proof that the modifications and any related construction will be performed by a licensed person.

(12) A rule shall be reasonable.

(13) A declaration, or an amendment to a declaration, may vary any of the requirements of Subsections (1) through (5), except Subsection (1)(b)(ii).

(14) This section applies to an association of unit owners regardless of when the association of unit owners is created.


Enacted 2015, ch. 22, eff. May 12, 2015.  Amended 2016, ch.’s 154348, eff. May 10, 2016; 2021, ch. 197, eff. May 5, 2021; 2022, ch. 439, eff. May 4, 2022; 2023, ch. 503, eff. May 3, 2023; 2024, ch.'s 519 and 115, eff. May 1, 2024.


 

FN 1.  Note that "lease" is not defined in the Condo Act.  (Lease is defined in the Community Association Act, but the definition in the Community Association Act is irrelevant to the Condo Act).

FN 2.  Specifically, see Part 900 "Indemnification" of the Nonprofit Act consisting of Sections 16-6a-901 through 16-6a-910, including Section 16-6a-902 providing for permissive (optional) indemnification and Section 16-6a-903 mandatory indemnification.

CounselOurHOA.com
HOA resources and laws annotated
CounselOurHOA.com
HOA resources and laws annotated