a

Statutes and Cases:

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

16-6a-102. Definitions
16-6a-1601. Corporate records
16-6a-1704. Saving provisions
16-6a-202. Articles of incorporation
16-6a-302. General powers
16-6a-304. Ultra vires
16-6a-612. Derivative suits
16-6a-701. Annual and regular meetings
16-6a-703. Court-ordered meeting
16-6a-704. Notice of meeting
16-6a-706. Record date -- Determining members entitled to notice and vote
16-6a-707. Action without meeting
16-6a-708. Meetings by telecommunication
16-6a-709. Action by written ballot
16-6a-710. Members' list for meeting and action by written ballot
16-6a-714. Quorum and voting requirements for voting groups
16-6a-801. Requirement for board of directors
16-6a-813. Action without meeting
16-6a-816. Quorum and voting
16-6a-901. Indemnification definitions
16-6a-902. Authority to indemnify directors
16-6a-903. Mandatory indemnification of directors
16-6a-904. Advance of expenses for directors
16-6a-906. Determination and authorization of indemnification of directors
57-8-10.7. Board action to enforce governing documents -- Parameters
57-8-12. Recording
57-8-13.1. Registration with Department of Commerce
57-8-15. Bylaws
57-8-17. Records - Availability for examination
57-8-19. Liens against units - Removal from lien - Effect of part payment
57-8-24. Common profits, common expenses, and voting rights - Unit - Unconstructed Unit
57-8-25. Joint and several liability of grantor and grantee for unpaid common expenses
57-8-3. Definitions
57-8-34. Persons subject to provisions and agreements
57-8-39. Limitation on requirements for amending declaration or bylaws
57-8-40. Organization of an association of unit owners under other law -- Reorganization
57-8-41. Lender approval - Declaration amendments and association action
57-8-43. Insurance
57-8-44. Lien in favor of association of unit owners for assessments and costs of collection
57-8-45. Enforcement of a lien
57-8-46. Notice of nonjudicial foreclosure -- Nonjudicial foreclosure prohibited if unit owner demands judicial foreclosure
57-8-47. Provisions applicable to nonjudicial foreclosure
57-8-48. One-action rule not applicable - Abandonment of enforcement proceedings
57-8-49. Costs and attorney fees in lien enforcement action
57-8-50. Action to recover unpaid assessment
57-8-51. Appointment of receiver
57-8-52. Termination of a delinquent owner's rights - Notice - Informal hearing
57-8-53. Requiring tenant in residential condominium unit to pay rent to association of unit owners if owner fails to pay assessment
57-8-54. Statement from manager or management committee of unpaid assessment
57-8-56. Association of unit owners' right to pay delinquent utilities
57-8-57. Management committee meetings -- Open meetings
57-8-59. Management committee act for association of unit owners
57-8-6.7. Limit on fee for approval of plans
57-8-7. Common areas and facilities
57-8-7.5. Reserve analysis -- Reserve fund
57-8a-102. Definitions
57-8a-104. Limitation on requirements for amending governing documents -- Limitation on contracts
57-8a-105. Registration with Department of Commerce
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-210. Lender approval -- Declaration amendments and association action
57-8a-211. Reserve analysis -- Reserve fund
57-8a-213. Board action to enforce governing documents -- Parameters
57-8a-215. Budget
57-8a-216. Association bylaws -- Recording required -- Bylaw requirement
57-8a-218. Equal treatment by rules required -- Limits on association rules and design criteria
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-224. Responsibility for the maintenance, repair, and replacement of common area and lots
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-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-402. Applicability of part
57-8a-403. Property and liability insurance required -- Notice if insurance not reasonably available
57-8a-405. Property insurance
57-8a-501. Board acts for association
57-8a-702. Attorney fees
7 Signs Your HOA’s Governing Documents May Be Out of Date
Action without Board Meeting without Unanimous Consent - Examples from Bylaws
B. Investment LC v. Anderson (plat v CC&Rs, unit definition) '12
Can an HOA Board Draft their Own CC&Rs?
Centennial Pointe v. Onyeabor (late fees as liq. damages, constructive notice) '09
Collecting Assessments: Remedies and Risks
Crimmins v. Simonds (enforceability of covenant breached many times) '81
Ditty v. Checkrite (attorney liability under FDCPA) '97
Evaluating a Request for Assistance Animal
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
Gonzalez v. Cullimore (FDCPA) '18
Grassy Meadows SR v. Grassy Meadows Airport (amending CC&Rs by developer) '12
Hutter v. Dig-It (statutory lien never a wrongful lien) '09
Johannessen v. Canyon Road Towers (modification of assessment, ownership interests, estoppel) '02
Kenny v. Rich (attorney fees) '08
Levanger v. Vincent (strict compliance, voting procedures) '00
Nuisance - Utah Code Title 78B, Chapter 6, Part 11
Open Meetings, What's Required?
Osmond Lane HOA v. Landrith (authority of entity, authority for HOA action, ratification) '13
Park West Condo v. Deppe (which law governs, strict compliance) '06
Rapoport v. Four Lakes Village (ARC review, requiring neighbors' consent for an improvement, attorney fees) '13
Reasonable Accommodations under the Fair Housing Act - Q & A
Reedeker v. Salisbury (director liability, ultra vires, CC&Rs are a contract, interpretation, governing law) '98
Rights and Privileges of an Individual with a Disability. Utah Code Title 62A, Chapter 5b
Rowley v. Marrcrest HOA (waiver, estoppel, ARC review, self help) '82
Smith v. Simas (injunction not appropriate, balancing of equities) '14
South Ridge Homeowners' Assoc v. Brown (interpreting documents, short term rentals) '10
Summary of Fair Housing Act (Federal)
Swan Creek v. Warne (authority of entity, ratification, assessments, tax sale, CC&Rs as contract) '06
Swenson v. Erickson (abandonment, architectural review) '00
Swenson v. Erickson (amending covenants) '07
Todd Hollow v. Homes at Deer Mountain (developer assignment) '15
Turner v. Hi-Country HOA (paying assessments when no benefit received) '96
United States v. Fox Point at Redstone Association, Inc., No. 2:11-cv-01069 (discrimination, assistance animal)
Vanderwood v. Woodward (abandonment, CC&R interpretation, injunctive relief) '19
View Condo Ass'n v. MSICO (developer amendments, plat amendments, takings) '05
Walker Invest v. Sunpeak Ass'n (records request, emails and phone numbers) '15
Workman v. Brighton Properties, Inc. (paying assessments when no benefit received) '99