Other Utah Statutes Relevant to HOAs
Common Area Parcels on a Plat.
Utah Code § 10-9-606.
(Conveyance of common area independent of other lots/units is subject to limitations).
Contractors, Hiring. License Required.
Utah Code
§
58-55-501.
(It is illegal to hire a person who is not licensed to perform work on a project, unless the person is not required to be licensed).
Defective Construction.
Utah Code § 78B-4-513.
(A party may only sue for defective construction as a breach of contract, which means must be a party to the contract, but doesn't preclude assigning contract rights to an HOA).
Fire Code -
BBQs on Balconies
.
Utah Code Title 15A, Chapter 5.
(No open-flame cooking devices on a balcony or within 10 feet of a building, except 1- & 2-family dwellings, or if protected by an automatic sprinkler system, or if with LP-gas container with water capacity of 2.5 pounds or less).
Flag, Display of.
Utah Code Title 57, Chapter 24.
(A condo association may not prohibit display of 3'x5' flag in area of owner's exclusive control (community assn's see 57-8a-219 instead)).
Interest on Contracts and Judgments.
Utah Code Title 15, Chapter 1.
(Parties to a contract may choose any interest rate. If none chosen, default interest rate is 10% per annum).
Limitations on Landowner Liability.
Utah Code Title 57, Chapter 14.
(Liability relating to recreational use; inherent risks of certain activities. Applicable to many HOA common areas).
Nuisance.
Utah Code Title 78B, Chapter 6, Part 11.
(Tobacco smoke, etc.).
Public Use Constituting Dedication of Private Road.
Utah Code
§
72-5-104.
(A private road is deemed dedicated to the use of the public when continuously used as a public thoroughfare for 10 years).
Service Contracts Act.
Utah Code Title 15, Chapter 10.
(Requirements for a contract to be able to automatically renew (e.g., year after year), applicable to many HOA contracts)
Statutes, Construction of.
Utah Code Title 68, Chapter 3.
(Rules for interpreting Utah statutes; definitions).
Transfer Fee Covenants, Reinvestment Fee Covenants.
Utah Code § 57-1-46.
(A notice must be recorded separately from the CC&Rs in order to charge a fee due on transfer of a unit or lot; certain exceptions to fee and limitations on fee required).