The 2022 general session of the Utah Legislature was January - March 2022, and the general effective date for legislation from the session is May 4, 2022.
Electric Vehicle Charging Systems
Senate Bill 152 (2022) added new statutes to both the Condo Act and Community Association Act that provide:
- an association may not prohibit an owner from installing or using an electric vehicle charging system in a parking space on the owner's lot or in a limited common area parking space designated for the owner's exclusive use;
- an association may (1) require the owner to obtain approval before installing a charging system; (2) require that an electrical contractor install the charger, or if installed on common area, require the owner to reimburse the association for any increase in the insurance premium caused by the installation of the charger; (3) require the system to comply with the association's design criteria and other restrictions if they do not significantly increase the cost of or decrease the efficiency or performance of the charging station; and (4) require the owner to pay the costs of installation, metering, and use of the system, including the costs of electricity and damage to common area.
See Utah Code Section 57-8a-801 and 802 and Section 57-8-8.2.
Senate Bill 152 (2022) requires an association to adopt rules supporting water-efficient landscaping, including allowance for low water use on lawns during drought conditions and prohibits an association from restricting the conversion of a grass park strip to water-efficient landscaping. See Utah Code Sections 57-8a-218(16) and 57-8-8.1(9).
House Bill 282 enacts a new section of the Community Association Act, Utah Code Section 57-8a-231. An association may not prohibit an owner of a lot with a detached dwelling (aka single family home) from incorporating water wise landscaping on the owner's lot. "Water wise landscaping" means any of the following: (1) installation of plant materials suited to the microclimate and soil conditions that can remain healthy with minimal irrigation once established or be maintained without the use of sprinklers, (2) use of water for outdoor irrigation through proper and efficient irrigation design and water application, or (3) the use of other landscape design features that either minimize the need of the landscape for supplemental water from irrigation or reduce the landscape area dedicated to lawn.
However, an association can require a lot owner to comply with a site plan review process, to maintain plants in a healthy condition, and to follow specific water wise landscaping design requirements adopted by the association, and can restrict the use of mulches considered detrimental to the association's operations, impose minimum or maximum vegetative coverage, and restrict the use of specific plant materials.
Finally, an association may not require a lot owner to install or keep in place lawn in an area with a width less than eight feet.
Senate Bill 152 (2022) amends and enacts provisions in Utah Code Sections 57-8a-218 and 57-8-8.1 regarding rules an association may establish regarding an owner's display of a religious or holiday sign, symbol, or decoration the display of a for-sale sign or a campaign sign in a window of the owner's unit; the content or design criteria of a political sign.
Senate Bill 152 (2022) limits the records that owners are entitled to see to just the main records, such as minutes, governing documents, financials, etc. This is a change from prior law where owners were entitled to view and copy virtually all records of their HOA. Specifically, an association is required to keep and make available to lot owners a copy of the governing documents, most recent approved minutes, most recent budget and financial statement, most recent reserve analysis, and certificate of insurance for each insurance policy the association holds, plus the records listed in Utah Code Subsections 16-6a-1601(1) through (5).
Additionally, the association must now have all of its governing documents on its website, including the CC&Rs (declaration), articles of incorporation, bylaws, plat and rules. Previously, just the declaration and bylaws were required to be on the website. If the association doesn't have a website, then it must make the documents available to lot owners free of charge during regular business hours at the association's address listed with the Utah HOA Registry. See Utah Code Section 57-8a-227 and Section 57-8-17.
For more detail, see New 2022 HOA Laws and What They Mean For Your HOA (Coming Soon).