Other Utah Statutes Relevant to HOAs
Discriminatory housing practices regarding real estate -- Existing real property contract provisions.
Utah Code § 57-21-6.1
This statute:
- states that any recorded covenant (such as a CC&R provision) that expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity is void and that enforcement of such a covenant constitutes discrimination;
- requires a board to investigate a claim that the association's governing documents include such a discriminatory provision within 90 days of an owner's request to remove the provision;
- allows a condominium or community association to amend the association's governing documents to remove a discriminatory restrictive covenant without any vote or approval of the association members; and
- prevents a county recorder from charging a fee for recording such an amendment.
(1) As used in this section:
(a) "Association" means the same as that term is defined in Section 57-8-3 or 57-8a-102.
(b) "Board" means:
(i) a management committee as defined in Section 57-8-3; or
(ii) the same as that term is defined in Section 57-8a-102.
(c) "Governing documents" means the same as that term is defined in Section 57-8-3 or 57-8a-102.
(2) Any provision in a previously recorded written instrument relating to real property that expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity is void.
(3) It is a discriminatory housing practice to enforce a provision described in Subsection (2).
(4) Except as provided in Subsection (5), a person with a fee simple interest in the real property that is subject to the recorded written instrument described in Subsection (2) may record with the county recorder a modification document on the real property in the following form: "Any provision in a previously recorded written instrument that expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity is void under Utah Code Section 57-21-6.1.".
(5) (a) If a written instrument described in Subsection (2) is a governing document, an association may, in accordance with this section, amend the association's governing documents to remove a provision described in Subsection (2).
(b)(i) If an owner believes an association's governing documents include a provision described in Subsection (2), the owner may submit a written request to remove the provision.
(ii) Within 90 days after the day on which the board receives a written request, the board:
(A) shall investigate a claim that the association's governing documents include a provision described in Subsection (2); and
(B) if the board determines the association's governing documents include a provision described in Subsection (2), may remove the provision from the governing documents by amending the association's governing documents through a majority vote of the board, regardless of any contrary provision in the association's governing documents.
(c) Any association officer may execute the amendment to remove the provision described in Subsection (2) from the governing documents.
(d) Notwithstanding any contrary provision in the association's governing documents, an amendment under this subsection does not require approval of the association's members.
(6) A provision in a recorded written instrument that is void under this section does not affect the validity of the remainder of the previously recorded written instrument.
(7) An owner who records or causes to be recorded a modification document under Subsection (4) that contains modifications not authorized by this section is solely liable for the recordation.
(8) A county recorder may not charge a fee for recording a modification document under this section.
Enacted 2021, ch. 294, eff. May 5, 2021.