Utah HOA & Condo Laws
How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …
Condominium Ownership Act — Short Title →
Separate statute governing condominiums in Utah. Approximately 60 sections covering creation, declaration, management, assessments, liens, insurance, meetings, and developer control. Parallel to but distinct from …
Condominium Lien for Assessments →
Establishes a lien on each condominium unit for unpaid assessments, collection costs, fees, and fines. Same priority structure as the HOA act — no super-priority …
Community Association Act — Short Title and Applicability →
The Utah Community Association Act governs all HOAs and community associations that are not condominiums. Applies to any corporation or legal entity whose members are …
Lien in Favor of Association for Assessments →
Association holds a lien on each lot for unpaid assessments, collection costs, attorney fees, late charges, interest, and fines. Recording the declaration constitutes notice and …
Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.
Condominium Reserve Analysis and Reserve Fund →
Parallel reserve study mandate for condominiums. Same requirements as the HOA act: full analysis every 6 years, review and update every 3 years. Reserve funds …
Reserve Analysis and Reserve Fund →
Mandates a full reserve analysis at least every 6 years and a review and update at least every 3 years. Covers common area components with …
Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.
Board Meetings — Open Board Meetings →
Requires 48 hours written notice (email) before board meetings to each lot owner who requests notice, unless previously included in a published schedule. Board meetings …
Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.
Liability of Declarant or Board — Administrative Control →
During declarant control, the developer must use reasonable care in managing common areas, establish sound fiscal basis, disclose subsidized services, maintain records, and comply with …
Solar Energy System — Prohibition or Restriction →
Association rules may not prohibit a lot owner with a detached dwelling from installing solar. Rules may impose restrictions (not prohibitions) if the restriction decreases …
Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.
Condominium Lien for Assessments →
Establishes a lien on each condominium unit for unpaid assessments, collection costs, fees, and fines. Same priority structure as the HOA act — no super-priority …
Lien in Favor of Association for Assessments →
Association holds a lien on each lot for unpaid assessments, collection costs, attorney fees, late charges, interest, and fines. Recording the declaration constitutes notice and …
Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.
Information Required Before Sale to Third Party →
Before closing, the seller must provide the buyer a copy of the recorded governing documents and a link to the Department of Commerce educational materials …
Fee for Providing Payoff Information at Closing →
Caps the fee for providing payoff information at closing at $50. Association must provide within 5 business days of a closing agent's request. If the …
Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …
Liability of Declarant or Board — Administrative Control →
During declarant control, the developer must use reasonable care in managing common areas, establish sound fiscal basis, disclose subsidized services, maintain records, and comply with …
The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.
Condominium Ownership Act — Short Title →
Separate statute governing condominiums in Utah. Approximately 60 sections covering creation, declaration, management, assessments, liens, insurance, meetings, and developer control. Parallel to but distinct from …
Community Association Act — Short Title and Applicability →
The Utah Community Association Act governs all HOAs and community associations that are not condominiums. Applies to any corporation or legal entity whose members are …
Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.
Condominium Lien for Assessments →
Establishes a lien on each condominium unit for unpaid assessments, collection costs, fees, and fines. Same priority structure as the HOA act — no super-priority …
Lien in Favor of Association for Assessments →
Association holds a lien on each lot for unpaid assessments, collection costs, attorney fees, late charges, interest, and fines. Recording the declaration constitutes notice and …
Nonjudicial Foreclosure — Owner Right to Demand Judicial →
Requires 30 calendar days notice before initiating nonjudicial foreclosure. Notice must inform the lot owner of the right to demand judicial foreclosure. Owner can demand …
Statute of Limitations and Repose — Construction →
Establishes a 6-year statute of limitations for contract/warranty claims from completion, and a 2-year statute of limitations for tort claims from discovery. Statute of repose …
Association authority to review and approve owner modifications to units and common elements. Covers architectural review committees, approval procedures, denial appeals, and statutory limitations on what can be prohibited (e.g., …
Community Association Act — Short Title and Applicability →
The Utah Community Association Act governs all HOAs and community associations that are not condominiums. Applies to any corporation or legal entity whose members are …
Solar Energy System — Prohibition or Restriction →
Association rules may not prohibit a lot owner with a detached dwelling from installing solar. Rules may impose restrictions (not prohibitions) if the restriction decreases …
Electric Vehicle Charging Systems →
Associations may not ban EV charging installations in an owner's parking space or designated limited common area parking. Associations may require application/approval process, licensed contractor, …
Delinquency management beyond lien filing. FDCPA compliance, payment plans, write-off procedures, credit bureau reporting, and third-party collection agency restrictions. Distinct from "Foreclosure and Liens" which covers the lien-to-foreclosure path.
Nonjudicial Foreclosure — Owner Right to Demand Judicial →
Requires 30 calendar days notice before initiating nonjudicial foreclosure. Notice must inform the lot owner of the right to demand judicial foreclosure. Owner can demand …
The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.
Liability of Declarant or Board — Administrative Control →
During declarant control, the developer must use reasonable care in managing common areas, establish sound fiscal basis, disclose subsidized services, maintain records, and comply with …
Period of Administrative Control →
Declarant control terminates at the first to occur of: 60 days after 75% of lots are conveyed to non-declarant owners, 7 years after all declarants …
Owner rights to install solar panels, EV charging stations, heat pumps, and other sustainability improvements. State solar access laws, EV-ready building codes, and limitations on association authority to restrict green …
Solar Energy System — Prohibition or Restriction →
Association rules may not prohibit a lot owner with a detached dwelling from installing solar. Rules may impose restrictions (not prohibitions) if the restriction decreases …
Electric Vehicle Charging Systems →
Associations may not ban EV charging installations in an owner's parking space or designated limited common area parking. Associations may require application/approval process, licensed contractor, …
Statute of limitations and statute of repose for construction defect claims. Right to repair acts, pre-litigation notice requirements, developer transition obligations, and warranty provisions applicable to common interest communities.
Statute of Limitations and Repose — Construction →
Establishes a 6-year statute of limitations for contract/warranty claims from completion, and a 2-year statute of limitations for tort claims from discovery. Statute of repose …
Cause of Action for Defective Construction (Condominiums) →
Requires pre-litigation notice to developer describing defective construction and requesting repairs. Developer has 9 months to complete reasonable repairs. Claims limited to breach of contract; …
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