The Utah Community Association Act, Codified under Title 57, Chapter 8a is broken down into the following parts:

Part 1 - General Provisions

Section Name Section Number
Title. § 101
Definitions. § 102
Scope of chapter. § 103
Limitation on requirements for amending governing documents -- Limitation on contracts. § 104
Registration with Department of Commerce -- Department publication of educational materials. § 105
Information required before sale to independent third party. § 105.1
Fee for providing payoff information needed at closing. § 106
Amending the declaration to make provisions of this chapter applicable. § 107
Rules against perpetuities and unreasonable restraints -- Insubstantial failure to comply. § 108
Limit on fee for approval of plans. § 109
 

Part 2 - Administrative Provisions
Section Name Section Number
Payment of a common expense or assessment. § 201
Written statement of unpaid assessment. § 206
Fines. § 208
Rental restrictions. § 209
Lender approval -- Declaration amendments and association action. § 210
Reserve analysis -- Reserve fund. § 211
Content of a declaration. § 212
Compliance with governing documents. § 212.5
Board action to enforce governing documents -- Parameters. § 213
Fair and reasonable notice. § 214
Budget. § 215
Association bylaws -- Recording required -- Bylaw requirements. § 216
Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval. § 217
Equal treatment by rules required -- Limits on association rules and design criteria. § 218
Display of the flag. § 219
Creditor approval may be required for lot owner or association action under declaration -- Creditor approval presumed in certain circumstances -- Notice to creditor or creditor's successor. § 220
Reincorporation of terminated or dissolved association. § 221
Removing or altering partition or creating aperture between dwelling units on adjoining lots. § 222
Eminent domain -- Common area. § 223
Responsibility for the maintenance, repair, and replacement of common areas and lots. § 224
Association's right to pay delinquent utilities. § 225
Board meetings -- Open board meetings. § 226
Records -- Availability for examination. § 227
Organization of an association -- Governing document hierarchy -- Reorganization. § 228
Liability of declarant or board of directors -- Period of administrative control. § 229
Administration of funds. § 230
 

Part 3 - Collection of Assessments
Section Name Section Number
Lien in favor of association for assessments and costs of collection. § 301
Enforcement of a lien. § 302
Notice of nonjudicial foreclosure -- Limitations on nonjudicial foreclosure. § 303
Provisions applicable to nonjudicial foreclosure. § 304
One-action rule not applicable -- Abandonment of enforcement proceeding. § 305
Costs and attorney fees in lien enforcement action. § 306
Action to recover unpaid assessment. § 307
Appointment of receiver. § 308
Termination of a delinquent owner's rights -- Notice -- Informal hearing. § 309
Requiring tenant in residential lot to pay rent to association if owner fails to pay assessment. § 310
Statement from association's manager or board of unpaid assessment. § 311
 

Part 4 - Insurance
Section Name Section Number
Definition. § 401
Applicability of part. § 402
Property and liability insurance required -- Notice if insurance not reasonably available. § 403
Other and additional insurance -- Limit on effect of lot owner act or omission -- Insurer's subrogation waiver -- Inconsistent provisions. § 404
Property insurance. § 405
Liability insurance. § 406
Damage to a portion of project -- Insurance proceeds. § 407
 

Part 5 - Association Board
Section Name Section Number
Board acts for association. § 501
Period of administrative control. § 502
 

Part 6 - Consolidation of Associations
Section Name Section Number
Consolidation of multiple associations. § 601
 

Part 7 - Solar Access
Section Name Section Number
Solar energy system -- Prohibition or restriction in declaration or association rule. § 701
Attorney fees. § 702
Applicability. § 703
 
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Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.