Counsel Our HOA

Counsel Our HOA

Counsel Our HOA
HOA resources and laws annotated

Counsel Our HOA
HOA resources and laws annotated

Counsel Our HOA

Counsel Our HOA

Counsel Our HOA
HOA resources and laws annotated

Counsel Our HOA
HOA resources and laws annotated

Index

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Community Ass'n Act

Community Association Act

Utah Code, Title 57, Chapter 8a

Part 1 - General Provisions

Part 2 - Administrative Provisions

Part 3 - Collection of Assessments

Part 4 - Insurance

Part 5 - Association Board

Part 6 - Consolidation of Associations

57-8a-601. Consolidation of multiple associations

Part 7 - Solar Access

Part 8 - Electric Vehicle Charging Systems

Community Association Act - Historical

Utah Revised Nonprofit Corporation

Utah Code, Title 16, Chapter 6a

Part 2 - Incorporation

Part 3 - Purpose and Powers

Nonprofit Act Parts 2 - 4

Part 6 - Members

Part 7 - Member Meetings and Voting

Part 8 - Board, Directors and Officers

Part 9 - Indemnification

Part 10 - Amendment of Articles of Incorporation and Bylaws

Part 11 - Merger

Part 12 - Sale of Property

Part 13 - Distributions

Part 14 - Dissolution

Part 15 - Foreign Nonprofit Corporations

Part 16 - Records, Information, and Reports

Part 17 - Transitional Provisions and Scope of Chapter

Utah Revised Nonprofit Corporation Act - Historical

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.) Office of the Homeowners' Association Ombudsman. Title 13, Ch. 79, Part 1 (advisory opinions on statutes.) 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. § 10-20-809 (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 26B, Ch. 6, Part 8 (lying about assistance animal is a crime) Tow Truck Provisions Title 72, Ch. 9, Part 6 (required signage for towing in HOA)

Downloads & Guides

board/director/ARC decisions, standard for

Skip to Statutes and Cases

See also Index, conflict of interest; liability, director; and business judgment rule. As to the association's duty, see also Index, duty to treat owners fairly.

A director (board member) must act with business judgment.

Members Area. This resource is available to members. Join us by subscribing today!

See also Index, architectural review.

Statutes and Cases:

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

Title
16-6a-822. General standards of conduct for directors and officers
16-6a-902. Authority to indemnify directors
16-6a-904. Advance of expenses for directors
57-8-10.7. Board action to enforce governing documents -- Parameters
57-8-7.5. Reserve analysis -- Reserve fund
57-8-8. Compliance with covenants, bylaws and/or house rules and administrative provisions
57-8-8.1. Equal treatment by rules required -- Limits on rules
57-8a-211. Reserve analysis -- Reserve fund
57-8a-212.5. Compliance with governing documents
57-8a-213. Board action to enforce governing documents -- Parameters
Fink v. Miller (abandonment of covenant, enforcement) '95
Fort Pierce v. Shakespeare (CC&Rs not strictly construed) '16
Gables at Sterling v. Castlewood-Sterling (defective construction, privity, assignment, breach of fiduciary duty) '18
Levanger v. Vincent (strict compliance, voting procedures) '00
Park West Condo v. Deppe (which law governs, strict compliance) '06
Reedeker v. Salisbury (director liability, ultra vires, CC&Rs are a contract, interpretation, governing law) '98

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HOA resources and laws annotated

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