reglab/statecodes huggingface dataset:
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 213 - Board action to enforce governing documents -- Parameters.

57-8a-213.
Board action to enforce governing documents -- Parameters.
(1)
(a) The board shall use its reasonable judgment to determine whether to exercise the association's powers to impose sanctions or pursue legal action for a violation of the governing documents, including:
(i) whether to compromise a claim made by or against the board or the association; and
(ii) whether to pursue a claim for an unpaid assessment.
(b) The association may not be required to take enforcement action if the board determines, after fair review and acting in good faith and without conflict of interest, that under the particular circumstances:
(i) the association's legal position does not justify taking any or further enforcement action;
(ii) the covenant, restriction, or rule in the governing documents is likely to be construed as inconsistent with current law;
(iii)
(A) a technical violation has or may have occurred; and
(B) the violation is not material as to a reasonable person or does not justify expending the association's resources; or
(iv) it is not in the association's best interests to pursue an enforcement action, based upon hardship, expense, or other reasonable criteria.
(2) Subject to Subsection (3), if the board decides under Subsection (1)(b) to forego enforcement, the association is not prevented from later taking enforcement action.
(3) The board may not be arbitrary, capricious, or against public policy in taking or not taking enforcement action.
(4) This section does not govern whether the association's action in enforcing a provision of the governing documents constitutes a waiver or modification of that provision.
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 214 - Fair and reasonable notice.

57-8a-214.
Fair and reasonable notice.
(1) Notice that an association provides by a method allowed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, constitutes fair and reasonable notice, regardless of whether or not the association is a nonprofit corporation.
(2) Notice that an association provides by a method not referred to in Subsection (1) constitutes fair and reasonable notice if:
(a) the method is authorized in the declaration, articles, bylaws, or rules; and
(b) considering all the circumstances, the notice is fair and reasonable.
(3)
(a) If provided in the declaration, articles, bylaws, or rules, an association may provide notice by electronic means, including text message, email, or the association's website.
(b) Notwithstanding Subsection (3)(a), a lot owner may, by written demand, require an association to provide notice to the lot owner by mail.
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 215 - Budget.

57-8a-215.
Budget.
(1) At least annually the board shall prepare and adopt a budget for the association.
(2) The board shall present the adopted budget to association members at a meeting of the members.
(3) A budget is disapproved if within 45 days after the date of the meeting under Subsection (2) at which the board presents the adopted budget:
(a) there is a vote of disapproval by at least 51% of all the allocated voting interests of the lot owners in the association; and
(b) the vote is taken at a special meeting called for that purpose by lot owners under the declaration, articles, or bylaws.
(4) If a budget is disapproved under Subsection (3), the budget that the board last adopted that was not disapproved by members continues as the budget until and unless the board presents another budget to members and that budget is not disapproved.
(5) During the period of administrative control, association members may not disapprove a budget.
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 216 - Association bylaws -- Recording required -- Bylaw requirements.

57-8a-216.
Association bylaws -- Recording required -- Bylaw requirements.
(1)
(a) No later than the date of the first lot sale, an association shall file its bylaws for recording in the office of the recorder of each county in which any part of the real estate included within the association is located.
(b) If an association fails to file bylaws for recording within the time specified in Subsection (1)(a), the board may file the bylaws for recording as provided in Subsection (1)(a).
(2) Unless otherwise provided in the declaration, an association's bylaws shall state:
(a) the number of board members;
(b) the title of each of the association's officers;
(c) the manner and method of officer election by the board or, if the declaration requires, by the lot owners;
(d)
(i) the board member's and officer's:
(A) qualifications;
(B) powers and duties; and
(C) terms of office;
(ii) the method for removing a board member or officer; and
(iii) the method for filling a board member or officer vacancy;
(e) the powers that the board or officers may delegate to other persons or to a managing agent;
(f) the officers who may prepare, execute, certify, and record amendments to the declaration on behalf of the association;
(g) a method for the board or lot owners to amend the bylaws, consistent with Section 16-6a-1010; and
(h) subject to the provisions of the declaration and unless the declaration or this chapter requires that a provision appear in a declaration, any other matter that is necessary or appropriate for conducting the affairs of the association, including:
(i) meetings;
(ii) voting requirements; and
(iii) quorum requirements.
(3) An association shall file any amended bylaws for recording in the same manner as the association is required to file the initial bylaws for recording under Subsection (1).
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 219 - Display of the flag.

57-8a-219.
Display of the flag.
(1) An association may not prohibit a lot owner from displaying a United States flag inside a dwelling or limited common area or on a lot, if the display complies with United States Code, Title 4, Chapter 1, The Flag.
(2) An association may restrict the display of a flag on the common areas.
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 221 - Reincorporation of terminated or dissolved association.

57-8a-221.
Reincorporation of terminated or dissolved association.
(1) An association that is terminated or dissolved without possibility of reinstatement under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, may be reincorporated by the acting directors of the association refiling articles of incorporation that are substantially similar to the articles of incorporation, as amended, in existence at the time of termination or dissolution.
(2) Upon the association's reincorporation under Subsection (1):
(a) the board of directors shall readopt bylaws for the association that are the same as the bylaws that were in existence at the time of termination or dissolution; and
(b) all lot owners within the project are members of the reincorporated association.
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 222 - Removing or altering partition or creating aperture between dwelling units on adjoining lots.

Effective 7/1/2014
57-8a-222.
Removing or altering partition or creating aperture between dwelling units on adjoining lots.
(1) Subject to the declaration, a lot owner may, after acquiring an adjoining lot with a dwelling unit that shares a common wall with a dwelling unit on the lot owner's lot:
(a) remove or alter a partition between the lot owner's lot and the acquired lot, even if the partition is entirely or partly common areas; or
(b) create an aperture to the adjoining lot or portion.
(2) A lot owner may not take an action under Subsection (1) if the action would:
(a) impair the structural integrity or mechanical systems of the building or either lot;
(b) reduce the support of any portion of the common areas or another lot; or
(c) constitute a violation of Section 10-9a-608 or 17-27a-608, as applicable, a local government land use ordinance, or a building code.
(3) The board may require a lot owner to submit, at the lot owner's expense, a registered professional engineer's or registered architect's opinion stating that a proposed change to the lot owner's lot will not:
(a) impair the structural integrity or mechanical systems of the building or either lot;
(b) reduce the support or integrity of common areas; or
(c) compromise structural components.
(4) The board may require a lot owner to pay all of the association's legal and other expenses related to a proposed alteration to the lot or building under this section.
(5) An action under Subsection (1) does not change an assessment or voting right attributable to the lot owner's lot or the acquired lot, unless the declaration provides otherwise.
Enacted by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 223 - Eminent domain -- Common area.

Effective 7/1/2014
57-8a-223.
Eminent domain -- Common area.
Unless the declaration provides otherwise:
(1) if part of the common area is taken by eminent domain:
(a) the entity taking part of the common area shall pay to the association the portion of the compensation awarded for the taking that is attributable to the common area; and
(b) the association shall equally divide any portion of the award attributable to the taking of a limited common area among the owners of the lots to which the limited common area was allocated at the time of the taking; and
(2) an association shall submit for recording to each applicable county recorder the court judgment or order in an eminent domain action that results in the taking of some or all of the common area.
Enacted by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 224 - Responsibility for the maintenance, repair, and replacement of common areas and lots.

Effective 7/1/2015
57-8a-224.
Responsibility for the maintenance, repair, and replacement of common areas and lots.
(1) As used in this section:
(a) "Emergency repair" means a repair that, if not made in a timely manner, will likely result in immediate and substantial damage to a common area or to another lot.
(b) "Reasonable notice" means:
(i) written notice that is hand delivered to the lot at least 24 hours before the proposed entry; or
(ii) in the case of an emergency repair, notice that is reasonable under the circumstances.
(2) Except as otherwise provided in the declaration or Part 4, Insurance:
(a) an association is responsible for the maintenance, repair, and replacement of common areas; and
(b) a lot owner is responsible for the maintenance, repair, and replacement of the lot owner's lot.
(3) After reasonable notice to the occupant of the lot being entered, the board may access a lot:
(a) from time to time during reasonable hours, as necessary for the maintenance, repair, or replacement of any of the common areas; or
(b) for making an emergency repair.
(4)
(a) An association is liable to repair damage it causes to the common areas or to a lot the association uses to access the common areas.
(b) An association shall repair damage described in Subsection (4)(a) within a time that is reasonable under the circumstances.
(5) Subsections (2), (3), and (4) do not apply during the period of administrative control.
Amended by Chapter 34, 2015 General Session
Amended by Chapter 325, 2015 General Session
Amended by Chapter 387, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 225 - Association's right to pay delinquent utilities.

Effective 5/12/2015
57-8a-225.
Association's right to pay delinquent utilities.
(1) Upon request in accordance with Subsection (2), at least 10 days before the day on which an electrical corporation or a gas corporation discontinues service to a lot, the electrical corporation or gas corporation shall give the association:
(a) written notice that the electrical corporation or gas corporation will discontinue service to the lot; and
(b) an opportunity to pay any delinquent charges and maintain service to the lot.
(2) An association may request the notice and opportunity to pay described in Subsection (1) by sending a written request to the electrical corporation or gas corporation that includes:
(a) the address of each lot in the association;
(b) the association's name, mailing address, phone number, and email address; and
(c) the address where the electrical corporation or gas corporation may send notices.
(3) If, after an electrical corporation or a gas corporation sends a written notice described in Subsection (1) to an association and the association does not pay the delinquent charges within 10 days after the day on which the electrical corporation or gas corporation sends the notice, the electrical corporation or gas corporation may discontinue service to the lot.
(4) An association may collect any payment to an electrical corporation or a gas corporation under this section as an assessment in accordance with Section 57-8a-301.
(5)
(a) If, after an association receives a written notice described in Subsection (1), the association decides not to pay the delinquent charges, the association may, if permitted by the association's governing documents, and after reasonable notice to the lot owner:
(i) enter the lot; and
(ii) winterize the lot.
(b) A person who enters a lot in accordance with Subsection (5)(a) is not liable for trespass.
(c) An association may charge a lot owner an assessment for the actual and reasonable costs of winterizing a lot in accordance with this Subsection (5).
Enacted by Chapter 213, 2015 General Session
Amended by Chapter 325, 2015 General Session, (Coordination Clause)
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 229 - Liability of declarant or board of directors -- Period of administrative control.

Effective 5/9/2017
57-8a-229.
Liability of declarant or board of directors -- Period of administrative control.
(1) An association may not, after the period of administrative control, bring a legal action against a declarant, a board of directors, or an employee, an independent contractor, or the agent of the declarant or the previous board of directors related to the period of administrative control unless:
(a) the legal action is approved in advance at a meeting where owners of at least 51% of the allocated voting interests of the lot owners in the association are:
(i) present; or
(ii) represented by a proxy specifically assigned for the purpose of voting to approve or deny the legal action at the meeting;
(b) the legal action is approved by vote in person or by proxy of owners of the lesser of:
(i) more than 75% of the allocated voting interests of the lot owners present at the meeting or represented by a proxy as described in Subsection (1)(a); or
(ii) more than 51% of the allocated voting interests of the lot owners in the association;
(c) the association provides each lot owner with the items described in Subsection (2);
(d) the association establishes the trust described in Subsection (3); and
(e) the association first:
(i) notifies the person subject to the proposed legal action of the legal action and basis of the association's claim; and
(ii) gives the person subject to the claim a reasonable opportunity to resolve the dispute that is the basis of the proposed legal action.
(2) Before lot owners in an association may vote to approve an action described in Subsection (1), the association shall provide each lot owner:
(a) a written notice that the association is contemplating legal action; and
(b) after the association consults with an attorney licensed to practice in the state, a written assessment of:
(i) the likelihood that the legal action will succeed;
(ii) the likely amount in controversy in the legal action;
(iii) the likely cost of resolving the legal action to the association's satisfaction; and
(iv) the likely effect the legal action will have on a lot owner's or prospective lot buyer's ability to obtain financing for a lot while the legal action is pending.
(3) Before the association commences a legal action described in Subsection (1), the association shall:
(a) allocate an amount equal to 10% of the cost estimated to resolve the legal action, not including attorney fees; and
(b) place the amount described in Subsection (3)(a) in a trust that the association may only use to pay the costs to resolve the legal action.
(4) This section does not apply to an association that brings a legal action that has an amount in controversy of less than $75,000.
Enacted by Chapter 284, 2017 General Session
Technically renumbered to avoid duplication of section number also enacted in HB201, Chapter 324.
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 230 - Administration of funds.

Effective 5/8/2018
57-8a-230.
Administration of funds.
An association:
(1) shall keep all of the association's funds in an account in the name of the association; and
(2) may not commingle the association's funds with the funds of any other person.
Enacted by Chapter 395, 2018 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 2 - Administrative Provisions › Section 231 - Water wise landscaping.

Effective 5/3/2023
57-8a-231.
Water wise landscaping.
(1) As used in this section:
(a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses.
(b) "Mulch" means material such as rock, bark, wood chips, or other materials left loose and applied to the soil.
(c) "Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle.
(d)
(i) "Vegetative coverage" means the ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity.
(ii) "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees.
(e) "Water wise landscaping" means any or all of the following:
(i) installation of plant materials suited to the microclimate and soil conditions that can:
(A) remain healthy with minimal irrigation once established; or
(B) be maintained without the use of overhead spray irrigation;
(ii) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or
(iii) the use of other landscape design features that:
(A) minimize the need of the landscape for supplemental water from irrigation;
(B) reduce the landscape area dedicated to lawn or turf; or
(C) encourage vegetative coverage.
(f) "Water wise plant material" means a plant material suited to water wise landscaping as defined in this section.
(2) An association may not enact or enforce a governing document that prohibits, or has the effect of prohibiting, a lot owner of a detached dwelling from incorporating water wise landscaping on the property owner's property.
(3)
(a) Subject to Subsection (3)(b), Subsection (2) does not prohibit an association from requiring a property owner to:
(i) comply with a site plan review or other review process before installing water wise landscaping;
(ii) maintain plant material in a healthy condition; and
(iii) follow specific water wise landscaping design requirements adopted by the association including a requirement that:
(A) restricts or clarifies the use of mulches considered detrimental to the association's operations; and
(B) restricts or prohibits the use of specific plant materials other than water wise plant materials.
(b) An association may not require a property owner to:
(i) install or keep in place lawn or turf in an area with a width less than eight feet; or
(ii) have more than 50% vegetative coverage, that is not water wise landscaping, on the property owner's property.
Amended by Chapter 139, 2023 General Session
Amended by Chapter 199, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 3 - Collection of Assessments › Section 301 - Lien in favor of association for assessments and costs of collection.

Effective 5/13/2014
Superseded 7/1/2024
57-8a-301.
Lien in favor of association for assessments and costs of collection.
(1)
(a) Except as provided in Section 57-8a-105, an association has a lien on a lot for:
(i) an assessment;
(ii) except as provided in the declaration, fees, charges, and costs associated with collecting an unpaid assessment, including:
(A) court costs and reasonable attorney fees;
(B) late charges;
(C) interest; and
(D) any other amount that the association is entitled to recover under the declaration, this chapter, or an administrative or judicial decision; and
(iii) a fine that the association imposes against a lot owner in accordance with Section 57-8a-208, if:
(A) the time for appeal described in Subsection 57-8a-208(5) has expired and the lot owner did not file an appeal; or
(B) the lot owner timely filed an appeal under Subsection 57-8a-208(5) and the district court issued a final order upholding a fine imposed under Subsection 57-8a-208(1).
(b) The recording of a declaration constitutes record notice and perfection of a lien described in Subsection (1)(a).
(2) If an assessment is payable in installments, a lien described in Subsection (1)(a)(i) is for the full amount of the assessment from the time the first installment is due, unless the association otherwise provides in a notice of assessment.
(3) An unpaid assessment or fine accrues interest at the rate provided:
(a) in Subsection 15-1-1(2); or
(b) in the declaration, if the declaration provides for a different interest rate.
(4) A lien under this section has priority over each other lien and encumbrance on a lot except:
(a) a lien or encumbrance recorded before the declaration is recorded;
(b) a first or second security interest on the lot secured by a mortgage or trust deed that is recorded before a recorded notice of lien by or on behalf of the association; or
(c) a lien for real estate taxes or other governmental assessments or charges against the lot.
(5) A lien under this section is not subject to Title 78B, Chapter 5, Part 5, Utah Exemptions Act.
(6) Unless the declaration provides otherwise, if two or more associations have liens for assessments on the same lot, the liens have equal priority, regardless of when the liens are created.
Amended by Chapter 116, 2014 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 3 - Collection of Assessments › Section 301 - Lien in favor of association for assessments and costs of collection.

Effective 7/1/2024
57-8a-301.
Lien in favor of association for assessments and costs of collection.
(1)
(a) Except as provided in Section 57-8a-105, an association has a lien on a lot for:
(i) an assessment;
(ii) except as provided in the declaration, fees, charges, and costs associated with collecting an unpaid assessment, including:
(A) court costs and reasonable attorney fees;
(B) late charges;
(C) interest; and
(D) any other amount that the association is entitled to recover under the declaration, this chapter, or an administrative or judicial decision; and
(iii) a fine that the association imposes against a lot owner in accordance with Section 57-8a-208, if:
(A) the time for appeal described in Subsection 57-8a-208(5) has expired and the lot owner did not file an appeal; or
(B) the lot owner timely filed an appeal under Subsection 57-8a-208(5) and a court issued a final order upholding a fine imposed under Subsection 57-8a-208(1).
(b) The recording of a declaration constitutes record notice and perfection of a lien described in Subsection (1)(a).
(2) If an assessment is payable in installments, a lien described in Subsection (1)(a)(i) is for the full amount of the assessment from the time the first installment is due, unless the association otherwise provides in a notice of assessment.
(3) An unpaid assessment or fine accrues interest at the rate provided:
(a) in Subsection 15-1-1(2); or
(b) in the declaration, if the declaration provides for a different interest rate.
(4) A lien under this section has priority over each other lien and encumbrance on a lot except:
(a) a lien or encumbrance recorded before the declaration is recorded;
(b) a first or second security interest on the lot secured by a mortgage or trust deed that is recorded before a recorded notice of lien by or on behalf of the association; or
(c) a lien for real estate taxes or other governmental assessments or charges against the lot.
(5) A lien under this section is not subject to Title 78B, Chapter 5, Part 5, Utah Exemptions Act.
(6) Unless the declaration provides otherwise, if two or more associations have liens for assessments on the same lot, the liens have equal priority, regardless of when the liens are created.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 3 - Collection of Assessments › Section 302 - Enforcement of a lien.

57-8a-302.
Enforcement of a lien.
(1)
(a) Except as provided in Section 57-8a-105, to enforce a lien established under Section 57-8a-301, an association may:
(i) cause a lot to be sold through nonjudicial foreclosure as though the lien were a deed of trust, in the manner provided by:
(A) Sections 57-1-24, 57-1-25, 57-1-26, and 57-1-27; and
(B) this part; or
(ii) foreclose the lien through a judicial foreclosure in the manner provided by:
(A) law for the foreclosure of a mortgage; and
(B) this part.
(b) For purposes of a nonjudicial or judicial foreclosure as provided in Subsection (1)(a):
(i) the association is considered to be the beneficiary under a trust deed; and
(ii) the lot owner is considered to be the trustor under a trust deed.
(2) A lot owner's acceptance of the owner's interest in a lot constitutes a simultaneous conveyance of the lot in trust, with power of sale, to the trustee designated as provided in this section for the purpose of securing payment of all amounts due under the declaration and this chapter.
(3)
(a) A power of sale and other powers of a trustee under this part and under Sections 57-1-19 through 57-1-34 may not be exercised unless the association appoints a qualified trustee.
(b) An association's execution of a substitution of trustee form authorized in Section 57-1-22 is sufficient for appointment of a trustee under Subsection (3)(a).
(c) A person may not be a trustee under this part unless the person qualifies as a trustee under Subsection 57-1-21(1)(a)(i) or (iv).
(d) A trustee under this part is subject to all duties imposed on a trustee under Sections 57-1-19 through 57-1-34.
(4) This part does not prohibit an association from bringing an action against a lot owner to recover an amount for which a lien is created under Section 57-8a-301 or from taking a deed in lieu of foreclosure, if the action is brought or deed taken before the sale or foreclosure of the lot owner's lot under this part.
Amended by Chapter 95, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 3 - Collection of Assessments › Section 304 - Provisions applicable to nonjudicial foreclosure.

57-8a-304.
Provisions applicable to nonjudicial foreclosure.
(1) An association's nonjudicial foreclosure of a lot is governed by:
(a) Sections 57-1-19 through 57-1-34, to the same extent as though the association's lien were a trust deed; and
(b) this part.
(2) If there is a conflict between a provision of this part and a provision of Sections 57-1-19 through 57-1-34 with respect to an association's nonjudicial foreclosure of a lot, the provision of this part controls.
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 3 - Collection of Assessments › Section 305 - One-action rule not applicable -- Abandonment of enforcement proceeding.

57-8a-305.
One-action rule not applicable -- Abandonment of enforcement proceeding.
(1) Subsection 78B-6-901(1) does not apply to an association's judicial or nonjudicial foreclosure of a lot under this part.
(2) An association may abandon a judicial foreclosure, nonjudicial foreclosure, or sheriff's sale and initiate a separate action or another judicial foreclosure, nonjudicial foreclosure, or sheriff's sale if the initial judicial foreclosure, nonjudicial foreclosure, or sheriff's sale is not complete.
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 3 - Collection of Assessments › Section 306 - Costs and attorney fees in lien enforcement action.

57-8a-306.
Costs and attorney fees in lien enforcement action.
(1) A court entering a judgment or decree in a judicial action brought under this part shall award the prevailing party its costs and reasonable attorney fees incurred before the judgment or decree and, if the association is the prevailing party, any costs and reasonable attorney fees that the association incurs collecting the judgment.
(2) In a nonjudicial foreclosure, an association may include in the amount due, and may collect, all costs and reasonable attorney fees incurred in collecting the amount due, including the costs of preparing, recording, and foreclosing a lien.
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 3 - Collection of Assessments › Section 307 - Action to recover unpaid assessment.

57-8a-307.
Action to recover unpaid assessment.
An association need not pursue a judicial foreclosure or nonjudicial foreclosure to collect an unpaid assessment but may file an action to recover a money judgment for the unpaid assessment without waiving the lien under Section 57-8a-301.
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 3 - Collection of Assessments › Section 308 - Appointment of receiver.

57-8a-308.
Appointment of receiver.
In an action by an association to collect an assessment or to foreclose a lien for an unpaid assessment, a court may:
(1) appoint a receiver, in accordance with Section 7-2-9, to collect and hold money alleged to be due and owing to a lot owner:
(a) before commencement of the action; or
(b) during the pendency of the action; and
(2) order the receiver to pay the association, to the extent of the association's common expense assessment, money the receiver holds under Subsection (1).
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 3 - Collection of Assessments › Section 309 - Termination of a delinquent owner's rights -- Notice -- Informal hearing.

57-8a-309.
Termination of a delinquent owner's rights -- Notice -- Informal hearing.
(1) As used in this section, "delinquent lot owner" means a lot owner who fails to pay an assessment when due.
(2) A board may, if authorized in the declaration, bylaws, or rules and as provided in this section, terminate a delinquent lot owner's right:
(a) to receive a utility service for which the lot owner pays as a common expense; or
(b) of access to and use of recreational facilities.
(3)
(a) Before terminating a utility service or right of access to and use of recreational facilities under Subsection (2), the manager or board shall give the delinquent lot owner notice in a manner provided in the declaration, bylaws, or association rules.
(b)
(i) A notice under Subsection (3)(a) shall state:
(A) that the association will terminate the lot owner's utility service or right of access to and use of recreational facilities, or both, if the association does not receive payment of the assessment within the time provided in the declaration, bylaws, or association rules, subject to Subsection (3)(b)(ii);
(B) the amount of the assessment due, including any interest or late payment fee; and
(C) the lot owner's right to request a hearing under Subsection (4).
(ii) The time provided under Subsection (3)(b)(i)(A) may not be less than 14 days.
(iii) A notice under Subsection (3)(a) may include the estimated cost to reinstate a utility service if service is terminated.
(4)
(a) A delinquent lot owner may submit a written request to the board for an informal hearing to dispute the assessment.
(b) A request under Subsection (4)(a) shall be submitted within 14 days after the date the delinquent lot owner receives the notice under Subsection (3).
(5) A board shall conduct an informal hearing requested under Subsection (4) in accordance with the standards provided in the declaration, bylaws, or association rules.
(6) If a delinquent lot owner requests a hearing, the association may not terminate a utility service or right of access to and use of recreational facilities until after the board:
(a) conducts the hearing; and
(b) enters a final decision.
(7) If an association terminates a utility service or a right of access to and use of recreational facilities, the association shall take immediate action to reinstate the service or right following the lot owner's payment of the assessment, including any interest and late payment fee.
(8) An association may:
(a) assess a lot owner for the cost associated with reinstating a utility service that the association terminates as provided in this section; and
(b) demand that the estimated cost to reinstate the utility service be paid before the service is reinstated, if the estimated cost is included in a notice under Subsection (3).
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 3 - Collection of Assessments › Section 311 - Statement from association's manager or board of unpaid assessment.

57-8a-311.
Statement from association's manager or board of unpaid assessment.
(1) An association's manager or board shall issue a written statement indicating any unpaid assessment with respect to a lot owner's lot upon:
(a) a written request by the lot owner; and
(b) payment of a reasonable fee not to exceed $25.
(2) A written statement under Subsection (1) is conclusive in favor of a person who relies on the written statement in good faith.
Enacted by Chapter 355, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 4 - Insurance › Section 402 - Applicability of part.

57-8a-402.
Applicability of part.
(1) This part applies to an insurance policy or combination of insurance policies:
(a) issued or renewed on or after July 1, 2011; and
(b) issued to or renewed by:
(i) a lot owner; or
(ii) an association, regardless of when the association is formed.
(2) Unless otherwise provided in the declaration, this part does not apply to a project if all of the project's lots are restricted to entirely nonresidential use.
(3) Subject to Subsection (4), this part does not apply to a project if:
(a) the initial declaration for the project is recorded before January 1, 2012;
(b) the project includes attached dwellings; and
(c) the declaration requires each lot owner to insure the lot owner's dwelling.
(4)
(a) An association to which this part does not apply under Subsection (3) may amend the declaration, as provided in the declaration and applicable law, to subject the association to this part.
(b) During the period of administrative control, an amendment under Subsection (4)(a) requires the consent of the declarant.
Amended by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 4 - Insurance › Section 403 - Property and liability insurance required -- Notice if insurance not reasonably available.

57-8a-403.
Property and liability insurance required -- Notice if insurance not reasonably available.
(1) Beginning not later than the day on which the first lot is conveyed to a person other than a declarant, an association shall maintain, to the extent reasonably available:
(a) subject to Section 57-8a-405, blanket property insurance or guaranteed replacement cost insurance on the physical structure of all attached dwellings, limited common areas appurtenant to a dwelling on a lot, and common areas in the project, insuring against all risks of direct physical loss commonly insured against, including fire and extended coverage perils; and
(b) subject to Section 57-8a-406, liability insurance covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common areas.
(2) If an association becomes aware that property insurance under Subsection (1)(a) or liability insurance under Subsection (1)(b) is not reasonably available, the association shall, within seven calendar days after becoming aware, give all lot owners notice, as provided in Section 57-8a-214, that the insurance is not reasonably available.
Amended by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 4 - Insurance › Section 404 - Other and additional insurance -- Limit on effect of lot owner act or omission -- Insurer's subrogation waiver -- Inconsistent provisions.

57-8a-404.
Other and additional insurance -- Limit on effect of lot owner act or omission -- Insurer's subrogation waiver -- Inconsistent provisions.
(1)
(a) The declaration or bylaws may require the association to carry other types of insurance in addition to those described in Section 57-8a-403.
(b) In addition to any type of insurance coverage or limit of coverage provided in the declaration or bylaws and subject to the requirements of this part, an association may, as the board considers appropriate, obtain:
(i) an additional type of insurance than otherwise required; or
(ii) a policy with greater coverage than otherwise required.
(2) Unless a lot owner is acting within the scope of the lot owner's authority on behalf of an association, a lot owner's act or omission may not:
(a) void a property insurance policy under Subsection 57-8a-403(1)(a) or a liability insurance policy under Subsection 57-8a-403(1)(b); or
(b) be a condition to recovery under a policy.
(3) An insurer under a property insurance policy or liability insurance policy obtained by an association under this part waives its right to subrogation under the policy against:
(a) any person residing with a lot owner, if the lot owner resides on the lot; and
(b) the lot owner.
(4)
(a) An insurance policy issued to an association may not be inconsistent with any provision of this part.
(b) A provision of a governing document that is contrary to a provision of this part has no effect.
(c) Neither the governing documents nor a property insurance or liability insurance policy issued to an association may prevent a lot owner from obtaining insurance for the lot owner's own benefit.
Amended by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 4 - Insurance › Section 406 - Liability insurance.

57-8a-406.
Liability insurance.
(1) This section applies to a liability insurance policy required under Subsection 57-8a-403(1)(b).
(2) A liability insurance policy shall be in an amount determined by the board but not less than an amount specified in the declaration or bylaws.
(3) Each lot owner is an insured person under a liability insurance policy that an association obtains, but only for liability arising from:
(a) the lot owner's ownership interest in the common areas;
(b) maintenance, repair, or replacement of common areas; and
(c) the lot owner's membership in the association.
Amended by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 4 - Insurance › Section 407 - Damage to a portion of project -- Insurance proceeds.

57-8a-407.
Damage to a portion of project -- Insurance proceeds.
(1)
(a) If a portion of the project for which insurance is required under this part is damaged or destroyed, the association shall repair or replace the portion within a reasonable amount of time unless:
(i) the project is terminated;
(ii) repair or replacement would be illegal under a state statute or local ordinance governing health or safety; or
(iii)
(A) at least 75% of the allocated voting interests of the lot owners in the association vote not to rebuild; and
(B) each owner of a dwelling on a lot and the limited common area appurtenant to that lot that will not be rebuilt votes not to rebuild.
(b) If a portion of a project is not repaired or replaced because the project is terminated, the termination provisions of applicable law and the governing documents apply.
(2)
(a) The cost of repair or replacement of any lot in excess of insurance proceeds and reserves is a common expense to the extent the association is required under this chapter to provide insurance coverage for the lot.
(b) The cost of repair or replacement of any common area in excess of insurance proceeds and reserves is a common expense.
(3) If the entire project is damaged or destroyed and not repaired or replaced:
(a) the association shall use the insurance proceeds attributable to the damaged common areas to restore the damaged area to a condition compatible with the remainder of the project;
(b) the association shall distribute the insurance proceeds attributable to lots and common areas that are not rebuilt to:
(i) the lot owners of the lots that are not rebuilt;
(ii) the lot owners of the lots to which those common areas that are not rebuilt were allocated; or
(iii) lien holders; and
(c) the association shall distribute the remainder of the proceeds to all the lot owners or lien holders in proportion to the common expense liabilities of all the lots.
(4) If the lot owners vote not to rebuild a lot:
(a) the lot's allocated interests are automatically reallocated upon the lot owner's vote as if the lot had been condemned; and
(b) the association shall prepare, execute, and submit for recording an amendment to the declaration reflecting the reallocations described in Subsection (4)(a).
Amended by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 5 - Association Board › Section 501 - Board acts for association.

Effective 5/3/2023
57-8a-501.
Board.
(1) A director shall be:
(a) a natural person; and
(b) 18 years old or older.
(2) An association's bylaws may prescribe other qualifications for directors in addition to the requirements described in Subsection (1).
(3) Without limiting the qualifications an association prescribes under Subsection (2), an association may, through governing documents or the board's internal procedures, disqualify an individual from serving as a director because the individual:
(a) has been convicted of a felony; or
(b) is a sex offender.
(4) A director need not be a resident of this state or a unit owner in the association unless required by the association's bylaws.
(5) Except as limited in a declaration, the association bylaws, or other provisions of this chapter, a board acts in all instances on behalf of the association.
Amended by Chapter 503, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 5 - Association Board › Section 502 - Period of administrative control.

Effective 3/23/2016
57-8a-502.
Period of administrative control.
(1) Unless otherwise provided for in a declaration, a period of administrative control terminates on the first to occur of the following:
(a) 60 days after 75% of the lots that may be created are conveyed to lot owners other than a declarant;
(b) seven years after all declarants have ceased to offer lots for sale in the ordinary course of business; or
(c) the day the declarant, after giving written notice to the lot owners, records an instrument voluntarily surrendering all rights to control activities of the association.
(2)
(a) A declarant may voluntarily surrender the right to appoint and remove a member of the board before the period of administrative control terminates under Subsection (1).
(b) Subject to Subsection (2)(a), the declarant may require, for the duration of the period of administrative control, that actions of the association or board, as specified in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.
(c) During a period of administrative control, except as provided in Subsection (2)(a), a declarant may appoint the declarant's officers, employees, or agents as members of the board.
(3)
(a) Upon termination of the period of administrative control, the lot owners shall elect a board consisting of an odd number of at least three members, a majority of whom shall be lot owners.
(b) Unless the declaration provides for the election of officers by the lot owners, the board shall elect officers of the association.
(c) The board members and officers shall take office upon election or appointment.
Amended by Chapter 210, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 6 - Consolidation of Associations › Section 601 - Consolidation of multiple associations.

Effective 7/1/2014
57-8a-601.
Consolidation of multiple associations.
(1) Two or more associations may be consolidated into a single association as provided in Title 16, Chapter 6a, Part 11, Merger, and this section.
(2) Unless the declaration, articles, or bylaws otherwise provide, a declaration of consolidation between two or more associations to consolidate into a single association is not effective unless it is approved by the lot owners of each of the consolidating associations by the highest percentage of allocated voting interests of the lot owners required by each association to amend its respective declaration, articles, or bylaws.
(3) A declaration of consolidation under Subsection (2) shall:
(a) be prepared, executed, and certified by the president of each of the consolidating associations; and
(b) provide for the reallocation of the allocated interests in the consolidated association by stating:
(i) the reallocations of the allocated interests in the consolidated association or the formulas used to reallocate the allocated interests; or
(ii)
(A) the percentage of overall allocated interests of the consolidated association that are allocated to all of the lots comprising each of the consolidating associations; and
(B) that the portion of the percentages allocated to each lot formerly comprising a part of a consolidating association is equal to the percentages of allocated interests allocated to the lot by the declaration of the consolidating association.
(4) A declaration of consolidation under Subsection (2) is not effective until it is recorded in the office of each applicable county recorder.
(5) Unless otherwise provided in the declaration of consolidation:
(a) the consolidated association resulting from a consolidation under this section is the legal successor for all purposes of all of the consolidating associations;
(b) the operations and activities of all of the consolidating associations shall be consolidated into the consolidated association; and
(c) the consolidated association holds all powers, rights, obligations, assets, and liabilities of all consolidating associations.
Enacted by Chapter 152, 2013 General Session