d

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-1401. Dissolution by incorporators or directors if no members
16-6a-1402. Dissolution by directors and members
16-6a-1403. Articles of dissolution
16-6a-1404. Revocation of dissolution
16-6a-1405. Effect of dissolution
16-6a-1406. Disposition of known claims by notification
16-6a-1407. Disposition of claims by publication
16-6a-1408. Enforcement of claims against dissolved nonprofit corporation
16-6a-1409. Service on dissolved nonprofit corporation
16-6a-1410. Grounds for administrative dissolution
16-6a-1411. Procedure for and effect of administrative dissolution
16-6a-1412. Reinstatement following administrative dissolution -- Reinstatement after voluntary dissolution
16-6a-1413. Appeal from denial of reinstatement
16-6a-1414. Grounds for judicial dissolution
16-6a-1415. Procedure for judicial dissolution
16-6a-1416. Receivership or custodianship
16-6a-1417. Decree of dissolution
16-6a-1418. Dissolution upon expiration of period of duration
16-6a-1419. Deposit with state treasurer
16-6a-304. Ultra vires
16-6a-612. Derivative suits
16-6a-822. General standards of conduct for directors and officers
57-8-10. Contents of declaration
57-8-10.7. Board action to enforce governing documents -- Parameters
57-8-12. Recording
57-8-13. Condominium plat to be recorded
57-8-13.1. Registration with Department of Commerce
57-8-13.10. Condominiums containing convertible land - Expandable condominiums - Allocation of interests in common areas and facilities
57-8-13.12. Land to be withdrawn or added to project - Applicability of restrictions
57-8-13.14. Easement rights - Sales offices and model units - Damage to property
57-8-13.2. Conversion of convertible land -- Amendment to declaration -- Limitations
57-8-13.4. Conversion of convertible space -- Amendment to declaration -- Limitations
57-8-13.6. Expansion of project
57-8-13.8. Contraction of project
57-8-15. Bylaws
57-8-16.5. Appointment and removal of committee members and association officers -- Renewal or ratification of contracts -- Failure to establish association or committee
57-8-17. Records - Availability for examination
57-8-2. Applicability of chapter
57-8-24. Common profits, common expenses, and voting rights - Unit - Unconstructed Unit
57-8-3. Definitions
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
57-8-43. Insurance
57-8-57. Management committee meetings -- Open meetings
57-8-58. Liability of declarant or management committee -- Period of declarant control
57-8-60. Administration of funds
57-8-7. Common areas and facilities
57-8-7.2. Scope -- Designation of certain areas
57-8-7.5. Reserve analysis -- Reserve fund
57-8-8.1. Equal treatment by rules required -- Limits on rules
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-108. Rules against perpetuities and unreasonable restraints -- Insubstantial failure to comply
57-8a-201. Payment of a common expense or assessment
57-8a-209. Rental restrictions
57-8a-210. Lender approval -- Declaration amendments and association action
57-8a-211. Reserve analysis -- Reserve fund
57-8a-212. Content of a declaration
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-217. Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval
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-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-229. Liability of declarant or board of directors -- Period of administrative control
57-8a-230. Administration of funds
57-8a-502. Period of administrative control
Crimmins v. Simonds (enforceability of covenant breached many times) '81
Davencourt at Pilgrims Landing HOA v. Davencourt et al. (economic loss doctrine, developer duties, implied warranty of habitability) '09
Evaluating a Request for Assistance Animal
Fink v. Miller (abandonment of covenant, enforcement) '95
Gables at Sterling v. Castlewood-Sterling (defective construction, privity, assignment, breach of fiduciary duty) '18
Hayes v. Gibbs (general plan or scheme; tax sale) '46
Hi-Country v. Emmer (evaluating independence of committee in derivative suit) '13
New 2021 HOA Laws and What They Mean For Your HOA
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
Reasonable Modifications under the Fair Housing Act - Q & A
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. Frandsen (duty of care of developer, builder) '04
Smith v. Simas (injunction not appropriate, balancing of equities) '14
Summary of Fair Housing Act (Federal)
Swenson v. Erickson (abandonment, architectural review) '00
Todd Hollow v. Homes at Deer Mountain (developer assignment) '15
United States v. Fox Point at Redstone Association, Inc., No. 2:11-cv-01069 (discrimination, assistance animal)