Utah HOA rental restrictions: the § 57-8a-209 rulebook
A Utah HOA may restrict or even prohibit rentals — but only by the recorded declaration or an amendment to it, never by a simple board rule (a rule may only set a minimum lease term of six months or less). Every restriction must carry the statutory exemptions — deployed military owners, lots occupied by an owner's parent, child, or sibling, two-year employer relocations — and must grandfather rentals existing when the restriction is adopted.
(1)(a) Subject to Subsections (1)(b), (5), (6), and (10), an association may: (i) create restrictions on the number and term of rentals in an association; or (ii) prohibit rentals in the association. (b) Except as provided in Subsection (1)(c), an association that creates a rental restriction or prohibition ... shall create the rental restriction or prohibition in a recorded declaration of covenants, conditions, and restrictions, or by amending the recorded declaration... (c) An association may establish, by rule, a minimum lease term of six months or less. ... (8) Except as provided in Subsection (9), an association may not require a lot owner who owns a rental lot to: (a) obtain the association's approval of a prospective renter ... (c) pay an additional assessment, fine, or fee because the lot is a rental lot...
What it means for your board
The vehicle matters as much as the policy
A rental cap adopted by board rule is void — restrictions and prohibitions must be created in the recorded declaration or a recorded amendment, which means an owner vote at whatever threshold your declaration sets for amendments. The one exception: the board may establish, by rule, a minimum lease term of six months or less.
The exemptions are mandatory, not optional
Any restriction or rental fee must exempt owners on military deployment, lots occupied by the owner's parent, child, or sibling, owners relocated by an employer for two years or less, and certain trust- and entity-owned lots. Rentals existing when the restriction is adopted are grandfathered until the owner occupies or transfers the lot.
What you can't ask of landlords
The association generally may not require approval of renters or leases, demand copies of applications, run credit or background checks, or charge rental-specific fees. The narrow exception: an association that allows at least 35% of lots as rentals may charge a landlord up to $200 once every 12 months, after notice and a board vote. Code-compliant internal accessory dwelling units can't be restricted at all.
Older associations play by different rules
Associations formed before May 12, 2009 sit outside Subsections (1)–(5) — unless they adopt or amend a rental restriction after May 12, 2015, which pulls them in. Before enforcing an old restriction, date-check both the declaration and its amendments; before adopting a new one, know that you're opting into the modern regime.
Common questions
Can a Utah HOA ban rentals?
Yes — but only in the recorded declaration or a recorded amendment, with the statutory exemptions (military deployment, family occupants, employer relocations) and grandfathering of existing rentals. A board rule can't create a ban; by rule the board may only set a minimum lease term of six months or less.
Can a Utah HOA charge landlords extra fees?
Generally no — no rental-specific assessments, fines, or fees. The exception: an association that allows at least 35% rentals may, after notice and a board vote, charge up to $200 once every 12 months.
Can a Utah HOA screen or approve my tenant?
Generally no. The association may not require approval of prospective renters or leases, copies of applications, or credit and background checks, subject to the statute's narrow exceptions.
Do Utah rental restrictions apply to short-term rentals?
The statute lets an association set a minimum lease term of six months or less by rule — the usual tool against nightly rentals. Broader prohibitions still require the declaration, and city short-term-rental ordinances apply independently.
My rental existed before the HOA banned rentals — am I safe?
Existing rentals must be grandfathered until the owner occupies the lot or transfers it. Selling the property, or moving back in, ends the grandfathered status.
Kahoa answers your homeowners with these citations built in
Every statute on this page ships inside Kahoa's Utah pack — modern HOA management software your board supervises. Upload your CC&Rs and the correspondence desk drafts replies to homeowner email with the statute and your own documents cited — your board approves and sends.
This page explains Utah statute in plain language for community boards and homeowners. It is general information, not legal advice, and it isn't a substitute for reading the statute or talking to a Utah attorney about your association's specific situation. Statute text quoted from le.utah.gov, current as of the verification date shown above.
Statute data from Kahoa's open Utah statute pack (CC-BY-SA-4.0) · verified July 29, 2026