period of administrative control -comm ass'n

See also Index, developer duties -generally

period of administrative control

The CC&Rs will virtually always define the period of declarant/administrative control that applies for a specific HOA.  If they don’t, Utah Code Section 57-8a-502 defines the “period of administrative control” (which is also commonly referred to as the period of declarant control) as terminating on “the first to occur of the following:

(a) 60 days after 75% of the lots that may be created are conveyed to lot owners other than a declarant;
(b) seven years after all declarants have ceased to offer lots for sale in the ordinary course of business; or
(c) the day the declarant, after giving written notice to the lot owners, records an instrument voluntarily surrendering all rights to control activities of the association.”

Again, the statute only applies if the CC&Rs are silent on the issue.

Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

57-8a-102. Definitions
57-8a-104. Limitation on requirements for amending governing documents -- Limitation on contracts
57-8a-211. Reserve analysis -- Reserve fund
57-8a-215. Budget
57-8a-226. Board meetings -- Open Meetings
57-8a-229. Liability of declarant or board of directors -- Period of administrative control
57-8a-502. Period of administrative control