I.  Definition of a "Rule"

In the Community Association Act, "rule" means a policy, guideline, restriction, procedure, or regulation of an association that:
(1) is not set forth in a contract, easement, article of incorporation, bylaw, or declaration; and
(2) governs:
      (A) the conduct of persons; or
      (B) the use, quality, type, design, or appearance of real property or personal property.
Further, a "rule" does not include the internal business operating procedures of a board.  See Utah Code Section 57-8a-102 "rule".

The Condominium Act does not define "rule."  However, Utah law provides that technical words and phrases, and those that have acquired a peculiar and appropriate meaning in law, are to be construed according to such peculiar and appropriate meaning or definition.  See Utah Code § 68-3-11.  Since the Community Association Act defines the term "rule," and because that term is used virtually identically in the Condo Act and because, in the context of rules, there is not much fundamental difference between condo associations and community associations for purposes of adopting, interpreting or enforcing rules, it is reasonable to assume the term "rule" has acquired the same meaning in law as that used in the Community Association Act.  Thus, the definition of "rule" in the Community Association Act can be used generally in interpreting the Condo Act.

II.  Authority to Adopt Rules

Generally

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.

Rules are different from the provisions of a declaration, bylaws, articles of incorporation or plat.  The declaration can generally only be amended with the consent of the property owners.  By contrast, rules are adopted by the board and are seldom recorded.  Restrictions that might be valid if included in a declaration may be invalid if effected by a rule because property owners lack the safeguards afforded by the vote needed for an amendment to the declaration.

An association has power to make rules in furtherance of its power over the common property.  The association has no inherent power to regulate use of the individually owned properties in the community, however, except as authorized by statute or the CC&Rs, and as implied by its responsibility for management of the common property.

Liability.  Adoption or publication of rules that are illegal may subject an association to liability.  See, e.g., Martin v. Palm Beach Atlantic Ass’n, 696 So.2d 919 (Fla.Dist.Ct.App.1997) (publication of house rules prohibiting occupancy by children under the age of 12 violates federal Fair Housing Act § 3604(c) even if there is no attempt to enforce the rules).

Community Associations

In a community association, the law authorizes a board to adopt rules, including design criteria, subject to the law and the declaration and subject to the right of the owners to disapprove a rule.  See Utah Code § 57-8a-217.  See also, Index, rulemaking procedure.

Additionally, the Act restricts rules regarding:

1. treating similarly situated lot owners differently,
2. rentals,
3. the composition of an owner's household,
4. changing the allocation of financial burdens among owners,
5. disposing of personal property on a lot,
6. late fees and interest,
7. religious and holiday symbols and decorations,
8. political signs, flags and for-sale signs,
9. activity within a dwelling or a lot, including backyard landscaping or amenities,
10. restricting the conversion of a grass park strip to water wise landscaping,
11. prohibiting low water use on lawns during drought conditions,
12. prohibiting water wise landscaping on a lot with a detached dwelling.
13. construction and rental of an internal accessory dwelling unit (ADU),
14. modifications for radon mitigation,
15. a vegetable garden in a back yard of a lot that the association does not own or maintain,
16. parking in a driveway,
17. driving a vehicle in conformance with state traffic laws (but a rule may impose a reduced speed limit on a private road),
18. security cameras adjacent to an entry point to a home,
19. a home's interior,
20. the use of a public street,
21. items on a lot not visible to an individual standing outside the lot,
22. a basketball standard on individually-owned and maintained property that abuts a public street,
23. the use of a contractor who is not on a preferred vendor list or who is not licensed if not required to be licensed by law, and
24. the right of an owner to proceed in accordance with an approval process under the terms of the governing documents as they were at the time a completed application for review was submitted.

As to the issues in (1) - (5) and (24), the requirements of the statute may be changed by the CC&Rs, so if one of those provisions says a rule can't do something, the CC&Rs can say a rule can do that thing, and the CC&Rs and the rule will govern.  Conversely, if a one of those provisions says a rule can do something, the CC&Rs can say a rule can't do that thing. For example, regarding number (2), the statute says a rule may not treat an owner differently because the owner owns a rental. The CC&Rs may vary that requirement by authorizing the board to adopt a rule that treats an owner differently because the owner owns a rental. For example, the CC&Rs may say something like, "The board may adopt a rule that requires an owner of a rental lot to register as a rental with the association every year." See Utah Code § 57-8a-218(24) (2025).

For community associations, to expand further on number (11) above, a rule may not (but the CC&Rs may) restrict the construction of a internal ADU created for the purpose of rental of 30 days or longer that is within an owner-occupied, detached (free-standing) non-condo home (unless the construction would violate local code or ordinance).  This includes, for instance, a basement apartment that has its own kitchen and sleeping and bathroom facilities, where the owner lives in the home and the home is not a townhome, duplex or other attached home and is not a condo.  See Utah Code § 57-8a-218.  Notice this statute only applies to construction of an internal ADU, however, see § 57-8a-209, which says an association may not, by rule or by the CC&Rs, restrict or prohibit the rental of an internal ADU (as defined in Section 10-9a-530). 

For restrictions on rules regarding water-efficient landscaping, see Index, water.

For restrictions on rules regarding solar devices, see Index, solar.

Condominiums

There is no statute that authorizes a board to adopt rules in a condominium association.  So, generally, the declaration should specify what authority the board has to adopt rules, including how far that authority extends and any limitations on that authority.

If the declaration does not grant authority to adopt rules, the board's authority to adopt rules is implied throughout the Condo Act, even if not 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 reasonable rules covering the operation and maintenance of the property."  See also, e.g., the following sections of the Condo Act: Utah Code § 57-8-8.1 (equal treatment by rules required, limits on rules imposed, and requiring adoption of rules supporting water wise landscaping), § 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).

Additionally, the Condo Act restricts rules regarding:

1. treating similarly situated lot owners differently,
2. rentals,
3. the composition of an owner's household,
4. late fees and interest,
5. security cameras adjacent to an entry point to a home,
6. religious and holiday symbols and decorations,
7. political signs, flags and for-sale signs,
8. restricting the conversion of a grass park strip an owner maintains to water wise landscaping,
9. prohibing low water use on lawns during drought conditions,
10. modifications for radon mitigation,
11. parking in a driveway where the owner has a legal right to park,
12. driving a vehicle in conformance with state traffic laws (but a rule may impose a reduced speed limit on a private road),
13. the use of a public street,
14. items in a unit not visible to an individual standing outside the unit,
15. the use of a contractor who is not on a preferred vendor list or who is not licensed if not required to be licensed by law, and
16. the right of an owner to proceed in accordance with an approval process under the terms of the governing documents as they were at the time a completed application for review was submitted.

For condo associations, as to the issues in (1) - (5), the requirements of the statute may be changed by the CC&Rs, so if one of those provisions says a rule can't do something, the CC&Rs can say a rule can do that thing, and the CC&Rs and the rule will govern.  Conversely, if a one of those provisions says a rule can do something, the CC&Rs can say a rule can't do that thing. For example, regarding number (2), the statute says a rule may not treat an owner differently because the owner owns a rental. The CC&Rs may vary that requirement by authorizing the board to adopt a rule that treats an owner differently because the owner owns a rental. For example, the CC&Rs may say something like, "The board may adopt a rule that requires an owner of a rental lot to register as a rental with the association every year." See Utah Code § 57-8-8.1(15) (2025).

III.  Requirement to Adopt Rules

Generally

Water Use.  Both community associations and (somewhat strangely) condo associations are required to adopt rules supporting water wise landscaping for any landscaping an owner maintains, including:

• low water use requirements on lawns during drought conditions;
• design criterion for water wise landscaping; and
• limiting permissible plant material to specific water wise plant material.

If a community association fails to adopt such rules and then still doesn't adopt such rules within the time stated in a demand from an owner (which can't be sooner than 90 days of the notice), an owner may sue in court for: (i) injunctive relief requiring the association to comply; (ii) $500, or the owner's actual damages, whichever is greater; (iii) any other remedy provided by law; and (iv) costs and attorney fees.

See Utah Code § 57-8a-218 & 231 or 57-8-8.1.

Rentals.  If an association prohibits or imposes a restriction on the number and term of rentals or charges a rental fee, the association must adopt procedures in a rule to:
(i) determine and track the number of rentals and lots/units that are exempted or legacied; and
(ii) ensure consistent administration and enforcement of any rental prohibition, restriction, or fee. 

See Utah Code § 57-8a-209 or 57-8-10.1

Fines.  Before an association can fine an owner for a violation, the amount of the fine must be set forth in a governing document.  So, if fine amounts aren't stated in the CC&Rs or bylaws, the board must adopt a rule containing a fine schedule.  

See Utah Code § 57-8a-208 or 57-8-10.1

Late Fees.  If a board adopts a late fee that applies to the late payment of an assessment, as opposed to a late fee being imposed in the CC&Rs, the board must first adopt a fee schedule by rule that states the amount of the fee and then provide a copy of the fee schedule to each owner.  For condo associations, the fee schedule must also include any fees charged for the use, rental, or operation of the common areas and for a service provided to a unit owner.

See Utah Code § 57-8a-201 or 57-8-37.

Payoff Fee.  An association may not charge a fee for providing association payoff information in connection with the sale of a lot or unit unless the fee is authorized in the CC&Rs, bylaws or rules.  So, if a payoff fee isn't authorized in the CC&Rs or bylaws, the board must adopt a rule authorizing the fee. 

See Utah Code § 57-8a-106 or 57-8-6.3.

Delinquent Landlord.  An association can require a tenant of a delinquent owner to pay the association directly all future lease payments due to the owner until the owner's account is current, but only if authorized in the CC&Rs, bylaw or rules.  So, if a collecting rent from a delinquent owner's tenant as payment of past-due assessments isn't authorized in the CC&Rs or bylaws, the board must adopt a rule authorizing it. 

See Utah Code § 57-8a-310 or 57-8-53.

IV.  Common Area vs. Individual Units

A.  Can rules restrict use of common area?

Yes, rules may regulate the use, maintenance, repair, replacement, and modification of common areas, unless otherwise provided in the declaration.  See Utah Code § 57-8a-218 or 57-8-8.1.

The association’s power to regulate the use of common area is limited only by the provisions of the governing documents, any applicable statutes, the requirement that the rules be reasonable, and each board member's duty to exercise business judgment on behalf of the association and the owners.  In determining the validity of such a rule, the primary determinant is whether the rule is reasonably related to furthering a legitimate purpose of the association.  Rules designed to minimize wear and tear or damage to common property, to promote safety in use of common property, and to minimize conflicts over use of scarce resources, like parking or tennis courts, clearly further the association’s prime purpose of maintaining and managing the common property. 

B.  Can rules restrict lots/units or what goes on in a home?

Community Associations

In a community association, a rule cannot regulate activities within a lot (including backyard landscaping or amenities) or within a dwelling, unless the activity:

• is unreasonable,
• is not normally associated with a project restricted to residential use,
• creates monetary costs for the association or other lot owners,
• creates a danger to the health or safety of occupants of other lots,
• generates excessive noise or traffic,
• creates unsightly conditions visible from outside the dwelling,
• creates an unreasonable source of annoyance to persons outside the lot,
• is not in compliance with local laws and ordinances, including nuisance laws and ordinances, or
• if there are attached dwellings, creates the potential for smoke to enter another dwelling or common area.

See Utah Code § 57-8a-218.

Condominiums

In a condominium association, if the declaration grants a general power to adopt rules, the association has the power to adopt reasonable rules designed to protect owners from unreasonable interference in the enjoyment of their individual units and the common property caused by use of other individually-owned units.  Beyond that, absent specific authorization in the declaration, the association does not have the power to adopt rules that restrict the use or occupancy of, or behavior within, individually-owned units.  See Restatement Third, Property (Servitudes) § 6.7. 

Both

In both condo and community associations, unless the CC&Rs authorize the rules to do so, a rule may not treat a rental lot/unit owner differently because the owner owns a rental, except the rules may limit the owner from using common area other than to attend meetings or manage the lot/unit or may charge the owner for use of the common areas, and, for short-term rentals, may limit the number of guests who use the common areas and facilities.  See Utah Code § 57-8a-218(2) or § 57-8-8.1(2).

A rule may require a minimum "lease" term of six months or less, unless contrary to the declaration.  See Utah Code § 57-8a-209(1)(c) and 57-8-10.1(1)(c) (2025).  (lease is defined in the Community Association Act, but lease is not defined in the Condo Act.)

A rule may not prohibit an owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the owner's dwelling unit.  See Utah Code § 57-8a-218.  But, in a condominium, a rule may prohibit a unit owner from installing a personal security camera in a common area not physically connected to the owner's unit.  See § 57-8-8.1

The law also limits how rules may restrict flags, political and for-sale signs, and religious and holiday decorations or symbols.  See Index, signs.

For restrictions on rules regarding installing and using electric vehicle charging systems, see Index, electric vehicles.

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Current through 2025 general legislative session.

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