amending governing documents

Both the Condo Act and the Community Association Act prohibit requiring the approval of more than 67% of the owners to amend governing documents, except amendments affecting (1) unit/lot boundaries, (2) owners' voting rights, and in condominiums, (3) the undivided interest of each unit owner in the common areas and facilities.  See Utah Code § 57-8-39 and 57-8a-104.  Note that the law does not require the approval of 67% of the owners to amend governing documents, only that there can't be a higher requirement than 67%.

Example 1.  A community association's CC&Rs say that the approval of 51% of all the owners is required to amend the CC&Rs.  The association desires to amend the CC&Rs regarding the number of pets allowed and to change voting rights to be based on square footages of the townhomes rather than equal.  This law has no effect and approval of 51% of the owners is required for both changes.

Example 2.  A community association's CC&Rs say that the approval of 75% of all the owners is required to amend the CC&Rs.  The association desires to amend the CC&Rs regarding the number of pets allowed and to change voting rights to be based on square footages of the townhomes rather than equal.  This law is triggered as to the pet change such that the approval of only 67% of the owners is required to amend the CC&Rs as to pets, but approval of 75% of the owners is still required to change voting rights.

Note that "governing documents" include CC&Rs, articles of incorporation, bylaws and plats, and any other written instrument by which the association may exercise powers or manage, maintain, or otherwise affect the property under the jurisdiction of the association.

Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

57-8-12. Recording
57-8-15. Bylaws
57-8-39. Limitation on requirements for amending declaration or bylaws
57-8-41. Lender approval - Declaration amendments and association action
57-8a-104. Limitation on requirements for amending governing documents -- Limitation on contracts
57-8a-210. Lender approval -- Declaration amendments and association action
57-8a-216. Association bylaws -- Recording required -- Bylaw requirement
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
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Centennial Pointe v. Onyeabor (late fees as liq. damages, constructive notice) '09
Grassy Meadows SR v. Grassy Meadows Airport (amending CC&Rs by developer) '12
Levanger v. Vincent (strict compliance, voting procedures) '00
Swenson v. Erickson (amending covenants) '07
View Condo Ass'n v. MSICO (developer amendments, plat amendments, takings) '05