rulemaking -condo

See also Index, rules.

Generally, a condominium association's declaration should specify the authority that the board has to adopt rules, including how far that authority extends and any limitations on that authority.

Absent such provisions in the declaration, a board's authority to adopt rules is implied throughout the Condo Act, even if not clearly and expressly stated.  The definition of management committee in the Condo Act impliedly, if not expressly, grants the management committee authority to adopt rules.  It states: "Management committee means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the covering the operation and maintenance of the property."  See also, e.g., Utah Code § 57-8-8.1 (equal treatment by rules required, limits on rules imposed), § 57-8-8 (requiring compliance with "house rules" and "administrative rules and regulations"), § 57-8-37 (authorizing fines for violations of rules), § 57-8-10.1(2)(c) (requiring adoption of a rule or resolution), and § 57-8-3 (defining governing documents to include rules).

Common law provides that an association has an implied power to adopt reasonable rules to (a) govern the use of the common property, and (b) govern the use of individually owned property to protect the common property.  See Restatement Third, Property (Servitudes) § 6.7.

If the declaration grants a general power to adopt rules, the association also has the power to adopt reasonable rules designed to protect community members from unreasonable interference in the enjoyment of their individual units and the common property caused by use of other individually owned units.  Absent specific authorization in the declaration, the association does not have the power to adopt rules, beyond what's stated above, that restrict the use or occupancy of, or behavior within, individually owned units.  See id.

Business Judgment.  Any action by a board to adopt or change rules is subject to the board's duty to

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Statutes and Cases:

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

57-8-37. Fines
57-8-42. Fair and reasonable notice
57-8-52. Termination of a delinquent owner's rights - Notice - Informal hearing
57-8-53. Requiring tenant in residential condominium unit to pay rent to association of unit owners if owner fails to pay assessment
57-8-8. Compliance with covenants, bylaws and/or house rules and administrative provisions
57-8-8.1. Equal treatment by rules required -- Limits on rules