For obligations that must be fulfilled each year, see also Index, annual obligations of associations.

An incorporated community association is required to do certain things on its own initiative, without a request to do so or some other trigger.  These affirmative obligations include:

• Annual Meeting.  The Nonprofit Act requires incorporated associations to have a meeting of the members at least annually (unless the bylaws eliminate the requirement).  See § 16-6a-701.
• Notice of Annual Meeting.  The association must give notice of the meeting to each member entitled to vote at the meeting, in a manner consistent with its bylaws and that is fair and reasonable.  The notice should include a description of any matter or matters that must be approved by the members or for which the members' approval is sought.  The notice must include any matters a member intends to raise at the meeting if: (a) requested in writing to do so by a person entitled to call a special meeting;^fn1 and (b) the request is received by the secretary or president at least 10 days before the association gives notice of the meeting.  See § 16-6a-704.
• Member List.  In connection with any member meeting and any action by members by written ballot without a meeting, an association must prepare an alphabetical list of the names (including addresses and number of votes) of its members who are entitled to vote at the meeting or to take the action by written ballot, unless the bylaws provide otherwise.  The list must be available to members in accordance with § 16-6a-710.  For more information about the requirements, see Index, membership list.
• HOA Registry.  An association is required to register with the Utah Department of Commerce's Homeowner Association Registry, renew its registration annually, and update its information with the Registry within 90 days of any change.  See Index, HOA registry.
• Reserve Analysis.  An association is required to conduct and review a reserve analysis periodically, provide a summary to owners annually, and include a line item for reserves in each annual budget.  See Index, reserve analysis.
• Budget.  An association is required to adopt a budget (and include a reserves line item), present it to the owners at an owner meeting, and make it available to the owners on the association's website, or if the association doesn't have a website, at the association's address registered with the Utah HOA Registry.  See Index, budget, and Index, records.
• Open Board Meetings, Notice.  An association board is required to have a board meeting in order to take action (vote), except for action taken without a meeting (see Index, action without meeting -board).  A board must give notice of board meetings to owners who request it, the meeting must be open to owners (except when discussing certain items), and an open forum must be provided at each board meeting.  See § 57-8a-226.  See also Open Meetings, What's Required?
• Records.  An association is required: to keep certain records; to provide records to an owner that requests them; and to make certain documents available to homeowners free of charge, via the association’s website or at the association’s address.  There is a penalty for failure to comply.  A board must also delegate to the secretary or someone else responsibility for the preparation, maintenance and authenticating of (1) minutes of the directors' and members' meetings, and (2) other records and information required to be kept under Section 16-6a-1601, unless the bylaws do so already.  For more information about the requirements, see Index, records, and Index, minutes.
• Administration of Funds.  An association is required to keep all of the association's funds in accounts that are in the association's name, and an association may not commingle its funds with the funds of another individual or entity.  A reserve fund must be kept separate from other funds.
• Insurance.  An association is required to carry (1) property insurance on the physical structure of all attached dwellings, limited common areas and common areas, and (2) liability insurance covering the common areas.  An association must set aside an amount equal to the property insurance deductible or $10,000, whichever is lower.  An association must provide notice to each owner of the owner's obligation for the association's policy deductible, of the amount of the deductible, and of any change in the amount of the deductible.  See § 57-8a-402, 405.  (The insurance requirement does not apply to projects whose CC&Rs were recorded before 2012 if the CC&Rs specifically require each owner to insure the owner's dwelling.  See § 57-8a-402(3)).  For more information about insurance, see Index, insurance.

Download the Checklist of Periodic Requirements for HOAs in the Downloads tab in Downloads and Guides.

This is not intended to be an exhaustive list of all obligations of a community association imposed by statute or otherwise. Always consult an attorney for advice applicable to a specific situation.{/mprestriction}