Other Utah Statutes Relevant to HOAs
Limitations on Landowner Liability.
Utah Code Title 57, Chapter 14.
Summary: Utah Code Title 57, Chapter 14 provides that a property owner is not liable to someone using the property for recreational purposes and for free, and that the owner does not have to give warning of a dangerous condition on the property. However, a property owner may be liable if a child is seriously injured or dies due to an artificial (human-created) condition the owner knows is both dangerous to a child and that a child is likely to access the condition without knowing the risk, and the owner doesn't take measures to protect against the injury or death. Example: An open swimming pool with no fence in a neighborhood where small children play outside.
- A property owner owes no duty of care: (1) to keep the land safe for entry or use by a person using the land for a recreational purpose, or (2) to give warning of a dangerous condition or activity on the land. (But see "exceptions" below). (See § 57-14-201).
- A property owner who directly or indirectly allows a person to use land for a recreational purpose and for free does not have responsibility or liability for an injury to a person or property caused by a person on the land, and also does not:
(1) make any representation or extend any assurance that the land is safe for any purpose;
(2) confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) owe any duty to curtail the owner's use of the land during its use for recreational purposes.
(But see "exceptions" below). (See § 57-14-202).
- Exceptions: Liability is not limited for: (1) willful or malicious failure to guard or warn against a dangerous condition or activity; (2) deliberate, willful, or malicious injury to persons or property; or (3) where the owner of land charges an admission fee to enter or use the land for a recreational purpose. (See § 57-14-204, 201).
- A property owner is not liable for the inherent risks of activities with a recreational purpose. (See § 57-14-401).
- Trespassing. A property owner is not liable to any trespasser, except the owner may be liable for serious injury or death:
(1) to a child if caused by an artificial condition the owner knows poses unreasonable risk of serious injury or death and that a child is likely to access the artificial condition; a child wouldn't likely realize the risk; and the owner fails to take reasonable measures to protect against such injury or death (such as an open swimming pool with no fence in a neighborhood where a small child may be out and about unsupervised).
(2) occuring on a limited area of the land that the owner knows is constantly intruded upon by trespassers; and is caused by an activity conducted by the owner that poses a risk of serious physical injury or death to a trespasser; and the owner fails to conduct the activity with reasonable care for a trespasser's safety.
Exceptions: An owner is not liable under (1) and (2) if the burden on the owner to eliminate, or to protect against serious physical injury or death from, the artificial condition outweighs the risk of serious physical injury or death posed by the artificial condition; or if the serious injury or death is caused by an irrigation canal or ditch.
(See § 57-14-301).
See also Utah Code Section 78B-4-509 regarding claims barred against owner of property leased or made available to a county, municipality, local district or special service district for a recreational activity.