annual obligations of associations
Utah HOAs are required to do certain things annually:
- HOA Registry Renewal. Renew registration with the Utah HOA Registry (required annually AND within 90 days of a change in information).
- Corporate Renewal. Renew corporate status as a nonprofit corporation with the Utah Division of Corporations.
- Hold Annual Meeting. Incorporated associations are required by the Nonprofit Act to hold an annual meeting.
- Provide Reserve Analysis or Update to Owners. Annually, an association must provide owners a summary of the most recent reserve analysis or update performed pursuant to Section 57-8a-211 for community associations, and Section 57-8-7.5 for condominium associations. (Not applicable during the period of developer control.)
- Reserves Line Item in Budget. In formulating its budget each year, an association must include a reserve fund line item in an amount the board determines, based on the reserve analysis, to be prudent, or if a higher amount is required by the governing documents in a community association, or by the declaration in a condominium association, than in that higher amount. See id. (Not applicable during the period of developer control.)
- Adopt & Present Budget. Additionally, boards of community associations are required annually to prepare and adopt a budget for the association and present the adopted budget to the association members at a meeting of the members (as well as post it on the association's website or, if none, make available at the association's address. See Index, budget). See Section 57-8a-215.
There is no specific corollary requirement for condominium associations to prepare and adopt a budget. However, in order to comply with the requirement to include a reserve fund line item in the budget each year, a budget must be adopted each year (specifically, Section 57-8-7.5(6) requires that in formulating its budget "each year," a condo association must include a reserve fund line item). The condo association must then promptly post the adopted budget on the association's website or, if none, make it available at the association's address, since in order to veto a reserves line item, the unit owners must do so within 45 days of adoption of the budget by the board (see Subsection 57-8-7.5(7)), and any delay would impinge on such right of the owners, possibly implicating breach of fiduciary duty claims. (Not applicable during the period of developer control.)
Download the Annual Checklist for HOAs in the Downloads tab in Downloads and Guides.
For the things an HOA must do on its own initiative, without a request or other trigger (affirmative obligations), see also Index, obligations of comm ass'n, affirmative, or obligations of condo ass'n, affirmative.
This is not intended to be an exhaustive list of obligations of an association. Always consult an attorney for advice applicable to a specific situation.