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Condo Act
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Other Utah Statutes Relevant to HOAs
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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.)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. § 10-9a-606 (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 62A, Ch. 5b (lying about assistance animal is a crime) Tow Truck Provisions Title 72, Ch. 9, Part 6 (required signage for towing in HOA)
Case Law
Federal
Federal Laws Applicable to HOAs
Fair Housing Act  (discrimination; assistance animals; applies to all associations)
Summary of Fair Housing Act (Federal) Reasonable Accommodations under the Fair Housing Act - Q & AReasonable Modifications under the Fair Housing Act - Q & AStep-by-Step Guide to Responding to a Request for Assistance Animal
Over the Air Reception Devices (OTARD)   (satellite dishes; applies to all associations)
OTARD Summary and Q & AOTARD 47 CFR § 1.4000 (FCC Rule)
Housing for Older Persons Act (HOPA)   (applies to "55 & older" communities; allows restrictions that would otherwise be discriminatory)
HOPA Summary and Q & AImplementation of HOPA at 24 CFR Part 100 (HOPA Rules) Housing for Older Persons Act (HOPA) 42 USC § 3607
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  Home  
  Index  
Condo Act
Community Ass'n Act
Nonprofit Act
Other UT Laws
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.)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. § 10-9a-606 (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 62A, Ch. 5b (lying about assistance animal is a crime) Tow Truck Provisions Title 72, Ch. 9, Part 6 (required signage for towing in HOA)
Case Law
Federal
Federal Laws Applicable to HOAs
Fair Housing Act  (discrimination; assistance animals; applies to all associations)
Summary of Fair Housing Act (Federal) Reasonable Accommodations under the Fair Housing Act - Q & AReasonable Modifications under the Fair Housing Act - Q & AStep-by-Step Guide to Responding to a Request for Assistance Animal
Over the Air Reception Devices (OTARD)   (satellite dishes; applies to all associations)
OTARD Summary and Q & AOTARD 47 CFR § 1.4000 (FCC Rule)
Housing for Older Persons Act (HOPA)   (applies to "55 & older" communities; allows restrictions that would otherwise be discriminatory)
HOPA Summary and Q & AImplementation of HOPA at 24 CFR Part 100 (HOPA Rules) Housing for Older Persons Act (HOPA) 42 USC § 3607
Downloads & Guides
For Boards For Owners
More
Federal
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For Boards For Owners
Q & A's Posted Articles Legislation
About
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Comments/Feedback Request Legal Advice

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Index

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  4. dissolution

dissolution

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-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
57-8-40. Organization of an association of unit owners under other law -- Reorganization
57-8a-221. Reincorporation of terminated or dissolved association
57-8a-228. Organization of an association -- Governing document hierarchy -- Reorganization
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