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)