standing

Standing is a party's right to make a legal claim or seek judicial enforcement of a duty or right.

"Utah standing law operates as a gatekeeper to the courthouse, allowing in only those cases that are fit for judicial resolution."  Utah Chapter of Sierra Club v. Utah Air Quality Bd., 2006 UT 74, ¶ 17, 148 P.3d 960 (quotation simplified).  It is a "jurisdictional requirement that must be satisfied before a court may entertain a controversy between two parties."  Packer v. Utah Att'y Gen.'s Office, 2013 UT App 194, ¶ 8, 307 P.3d 704(quotation simplified).  The traditional test for standing requires a party to "allege that he or she has suffered or will imminently suffer an injury that is fairly traceable to the conduct at issue such that a favorable decision is likely to redress the injury."  Chen v. Stewart, 2005 UT 68, ¶ 50, 123 P.3d 416 (quotation simplified).

"Traditional standing doctrines aside, Utah law specifically allows homeowners' associations (HOAs) to bring claims on behalf of their members even when the HOA does not experience a direct injury."  Lodge at Westgate Park City Resort v. Westgate Resorts LTD., 2019 UT App 36, ¶ 21. 

"Under [Utah Code Section 57-8-33], the lawsuit brought by an HOA must also relate to the common areas and facilities or more than one unit."  Id.

In Lodge at Westgate Park City Resort, the Association did not have a direct claim, but its members, the unit owners did, so it sued on behalf of the owners.  The court held that because the Association brought suit on behalf of "two or more unit owners" and the lawsuit also concerned "common areas and facilities or more than one unit" (pursuant to Utah Code § 57-8-33), the Association had standing under the statute to sue on behalf of the owners.

Statutes and Cases:

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

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HOA resources and laws annotated
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HOA resources and laws annotated