fiduciary duties
The fiduciary duty of a board member is the duty to act with what is commonly called "business judgment," as discussed in Index, board/director/ARC decisions, standard for and specified in Utah Code § 16-6a-822.
Index
- abandonment of covenant
- access to unit/lot by board
- action without meeting - board
- action without meeting - members
- address
- adjournment
- amending governing documents
- annual meetings
- annual obligations of associations
- architectural review
- articles of incorporation
- assessment -comm ass'n
- assessment -condo
- assessment collection -comm ass'n
- assessment collection -condo
- assignment
- assistance, companion, service animals
- attached dwelling
- attorney fees
- authority of association
- automatically renewing contracts
- day/time - how computed
- declarant -comm ass'n
- declarant -condo
- declaration -comm ass'n
- declaration -condo
- decorations
- defective construction
- defenses to enforcement
- definitions
- derivative suits
- design criteria
- developer control period, turnover -comm ass'n
- developer control period, turnover -condo
- developer duties -comm ass'n
- developer duties -condo
- developer duties -generally
- developer, lawsuits against
- disability
- discrimination
- dissolution
- duty to treat owners fairly
- dues
Community Ass'n Act
Community Association Act
Utah Code, Title 57, Chapter 8a- 57-8a-101. Title
- 57-8a-102. Definitions
- 57-8a-103. Scope of chapter -- Applicability of chapter
- 57-8a-104. Limitation on requirements for amending governing documents -- Limitation on contracts
- 57-8a-105. Registration with Department of Commerce
- 57-8a-105.1. Information required before sale to independent third party
- 57-8a-106. Fee for providing payoff information needed at closing
- 57-8a-107. Amending the declaration to make provisions of this chapter applicable
- 57-8a-108. Rules against perpetuities and unreasonable restraints -- Insubstantial failure to comply
- 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-208. Fines
- 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-212.5. Compliance with governing documents
- 57-8a-213. Board action to enforce governing documents -- Parameters
- 57-8a-214. Fair and reasonable notice
- 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-219. Display of the flag
- 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-223. Eminent domain -- Common area
- 57-8a-224. Responsibility for the maintenance, repair, and replacement of common area and lots
- 57-8a-225. Association's right to pay delinquent utilities
- 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-231. Water wise landscaping
- 57-8a-232. Sale of common areas.
- 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-401. Definition
- 57-8a-402. Applicability of part
- 57-8a-403. Property and liability insurance required -- Notice if insurance not reasonably available
- 57-8a-404. Other and additional insurance -- Limit on effect of lot owner act or omission -- Insurer's subrogation waiver -- Inconsistent provisions
- 57-8a-405. Property insurance
- 57-8a-406. Liability insurance
- 57-8a-407. Damage to a portion of project -- Insurance proceeds
Nonprofit Act
Utah Revised Nonprofit Corporation
Utah Code, Title 16, Chapter 6a- 16-6a-101. Title
- 16-6a-102. Definitions
- 16-6a-103. Notice
- 16-6a-104. Powers of the division
- 16-6a-105. Filing requirements
- 16-6a-106. Forms
- 16-6a-107. Fees
- 16-6a-108. Effective time and date of filed documents
- 16-6a-109. Correcting filed documents
- 16-6a-110. Filing duty of division
- 16-6a-111. Appeal from division's refusal to file document
- 16-6a-112. Evidentiary effect of copy of filed document
- 16-6a-113. Certificates issued by the division
- 16-6a-114. Penalty for signing false documents
- 16-6a-115. Liability to third parties
- 16-6a-116. Private foundations
- 16-6a-117. Judicial relief
- 16-6a-118. Electronic documents
- 16-6a-119. Execution against a mutual benefit corporation
Nonprofit Act Parts 2 - 4
- 16-6a-201. Incorporators
- 16-6a-202. Articles of incorporation
- 16-6a-203. Incorporation
- 16-6a-204. Liability for preincorporation transactions
- 16-6a-205. Organization of the corporation
- 16-6a-206. Bylaws
- 16-6a-207. Incorporation of cooperative association
- 16-6a-301. Purposes
- 16-6a-302. General powers
- 16-6a-303. Emergency powers
- 16-6a-304. Ultra vires
- 16-6a-401. Corporate name
- 16-6a-402. Reserved name
- 16-6a-403. Corporate name -- Limited rights
- 16-6a-601. No requirement of members
- 16-6a-602. Number and classes
- 16-6a-603. Admission
- 16-6a-604. Consideration
- 16-6a-605. Differences in rights and obligations of members
- 16-6a-606. Transfers
- 16-6a-606. Transfers -- 2000 Version
- 16-6a-607. Creditor's action against member
- 16-6a-608. Resignation
- 16-6a-609. Termination, expulsion, or suspension
- 16-6a-610. Purchase of memberships
- 16-6a-611. No property right
- 16-6a-612. Derivative suits
- 16-6a-613. Delegates
- 16-6a-701. Annual and regular meetings
- 16-6a-702. Special meetings
- 16-6a-703. Court-ordered meeting
- 16-6a-704. Notice of meeting
- 16-6a-705. Waiver of notice
- 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-711. Voting entitlement generally
- 16-6a-712. Proxies
- 16-6a-713. Nonprofit corporation's acceptance of votes
- 16-6a-714. Quorum and voting requirements for voting groups
- 16-6a-715. Action by single and multiple voting groups
- 16-6a-716. Greater quorum or voting requirements
- 16-6a-717. Voting for directors -- Cumulative voting
- 16-6a-718. Voting agreements
- 16-6a-801. Requirement for board of directors
- 16-6a-802. Qualifications of directors
- 16-6a-803. Number of directors
- 16-6a-804. Election, appointment, and designation of directors
- 16-6a-805. Terms of directors generally
- 16-6a-806. Staggered terms for directors
- 16-6a-807. Resignation of directors
- 16-6a-808. Removal of directors
- 16-6a-809. Removal of directors by judicial proceeding
- 16-6a-810. Vacancy on board
- 16-6a-811. Compensation of directors
- 16-6a-812. Meetings
- 16-6a-813. Action without meeting
- 16-6a-814. Notice of meeting
- 16-6a-815. Waiver of notice
- 16-6a-816. Quorum and voting
- 16-6a-817. Committees of the board
- 16-6a-818. Officers
- 16-6a-819. Duties of officers
- 16-6a-820. Resignation and removal of officers
- 16-6a-821. Contract rights with respect to officers
- 16-6a-822. General standards of conduct for directors and officers
- 16-6a-823. Limitation of liability of directors
- 16-6a-824. Liability of directors for unlawful distributions
- 16-6a-825. Conflicting interest transaction
- 16-6a-826. Common members, directors, or officers
- 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-905. Court-ordered indemnification of directors
- 16-6a-906. Determination and authorization of indemnification of directors
- 16-6a-907. Indemnification of officers, employees, fiduciaries, and agents
- 16-6a-908. Insurance
- 16-6a-909. Limitations on indemnification of directors
- 16-6a-910. Notice to voting members of indemnification of director
- 16-6a-1001. Authority to amend articles of incorporation
- 16-6a-1002. Amendment of articles of incorporation by board of directors or incorporators
- 16-6a-1003. Amendment of articles of incorporation by board of directors and members
- 16-6a-1004. Voting on amendments of articles of incorporation by voting groups
- 16-6a-1005. Articles of amendment to articles of incorporation
- 16-6a-1006. Restated articles of incorporation
- 16-6a-1007. Amendment of articles of incorporation pursuant to reorganization
- 16-6a-1008. Conversion to a business corporation
- 16-6a-1008.7. Conversion to or from a domestic limited liability company
- 16-6a-1009. Effect of amendment of articles of incorporation
- 16-6a-1010. Amendment of bylaws by board of directors or members
- 16-6a-1011. Bylaw changing quorum or voting requirement for members
- 16-6a-1012. Bylaw changing quorum or voting requirement for directors
- 16-6a-1013. Approval by third persons
- 16-6a-1014. Amendment terminating members or redeeming or canceling memberships
- 16-6a-1101. Merger
- 16-6a-1102. Action on plan of merger
- 16-6a-1103. Articles of merger
- 16-6a-1104. Effect of merger
- 16-6a-1105. Merger with foreign nonprofit corporation
- 16-6a-1201. Sale of property
- 16-6a-1202. Sale of property other than in regular course of activities
- 16-6a-1301. Distributions prohibited
- 16-6a-1302. Authorized distributions
- 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-1501. Authority to conduct affairs required
- 16-6a-1502. Consequences of conducting affairs without authority
- 16-6a-1503. Application for authority to conduct affairs
- 16-6a-1504. Amended application for authority to conduct affairs
- 16-6a-1505. Effect of filing an application for authority to conduct affairs
- 16-6a-1506. Corporate name and assumed corporate name of foreign nonprofit corporation
- 16-6a-1507. Registered name of foreign nonprofit corporation
- 16-6a-1510. Resignation of registered agent of foreign nonprofit corporation
- 16-6a-1511. Service on foreign nonprofit corporation
- 16-6a-1512. Merger of foreign nonprofit corporations authorized to conduct affairs in this state
- 16-6a-1513. Withdrawal of foreign nonprofit corporation
- 16-6a-1514. Service on withdrawn foreign nonprofit corporation
- 16-6a-1515. Grounds for revocation
- 16-6a-1516. Procedure for and effect of revocation
- 16-6a-1517. Appeal from revocation
- 16-6a-1518. Domestication of foreign nonprofit corporations
- 16-6a-1601. Corporate records
- 16-6a-1602. Inspection of records by directors and members
- 16-6a-1603. Scope of inspection right
- 16-6a-1604. Court-ordered inspection of corporate records
- 16-6a-1605. Limitations on use of membership list
- 16-6a-1606. Financial statements
- 16-6a-1607. Annual report for division
- 16-6a-1608. Statement of person named as director or officer
- 16-6a-1609. Interrogatories by division
- 16-6a-1610. Scope of a member's right to inspect or receive copies
Other UT Laws
Other Utah Statutes Relevant to HOAs
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)
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 & A Reasonable 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