{"dataset":"Kahoa Utah HOA statute pack","license":"CC-BY-SA-4.0","verified":"July 29, 2026","source":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a.html","canonical":"https://kahoa.app/laws/utah/rules.json","cite":"Kahoa Utah HOA statute pack (CC-BY-SA-4.0), verified against le.utah.gov July 29, 2026. https://kahoa.app/laws/utah","state":"UT","name":"Utah","act":"Utah Community Association Act, Utah Code Title 57, Chapter 8a","rules":[{"id":"ut-fines-authority","citation":"Utah Code § 57-8a-208","topic":"Fines","summary":"Before assessing a fine, the board must give the lot owner a written warning that describes the violation, cites the governing-document provision violated, and — for a continuing violation — states a cure deadline at least 48 hours out. A fine may then be assessed only if the owner repeats the same violation within one year or fails to cure. The fine must be for a violation of the governing documents, in the amount the governing documents provide. The owner may request an informal hearing before the board within 30 days (no interest or late fees accrue until the board issues a final decision), and may appeal to court within 180 days. The hearing duty cannot be delegated to a manager. Applies to every association regardless of when it was created. (Note: the pre-2015 fine-schedule requirement was repealed; the written-warning regime replaced it.)","text_excerpt":"(2)(a) Before assessing a fine under Subsection (1), the board shall give the lot owner a written warning that: (i) describes the violation; (ii) states the rule or provision of the association's governing documents that the lot owner's conduct violates; ... (iv) if the violation is a continuing violation, states a time that is not less than 48 hours after the day on which the board gives the lot owner the written warning by which the lot owner shall cure the violation. ... (4)(a) A lot owner who is assessed a fine under Subsection (1) may request an informal hearing before the board to dispute the fine within 30 days after the day on which the lot owner receives notice that the fine is assessed. ... (4)(c) If a lot owner timely requests an informal hearing under Subsection (4)(a), no interest or late fees may accrue until after the board conducts the hearing and the lot owner receives a final decision.","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S208.html","verified":true},{"id":"ut-rulemaking","citation":"Utah Code § 57-8a-217","topic":"Board rulemaking","summary":"Before adopting, amending, or repealing a rule or design criterion, the board must deliver notice to lot owners at least 15 days before the board meeting where the change will be considered, provide an open forum at that meeting for owner comment, and deliver a copy of the approved change within 15 days after the meeting. A board action is disapproved if, within 60 days after the meeting, at least 51% of all allocated voting interests vote to disapprove at a special meeting called for that purpose (owners must petition for the meeting; the action is stayed once a petition is received). The board may skip advance notice only for an imminent risk of harm, with notice after. Rules are also subject to the equal-treatment limits of §§ 57-8a-218. Challenges for procedural noncompliance must be filed within 18 months.","text_excerpt":"(2) ...before adopting, amending, modifying, canceling, limiting, creating exceptions to, or expanding the rules of the association, the board shall: (a) at least 15 days before the board will meet to consider a change to a rule or design criterion, deliver notice to lot owners ... (b) provide an open forum at the board meeting giving lot owners an opportunity to be heard ... and (c) deliver a copy of the change in the rules or design criteria approved by the board to the lot owners ... within 15 days after the date of the board meeting. ... (4) A board action ... is disapproved if within 60 days after the date of the board meeting where the action was taken: (a)(i) there is a vote of disapproval by at least 51% of all the allocated voting interests of the lot owners in the association; and (ii) the vote is taken at a special meeting called for that purpose by the lot owners...","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S217.html","verified":true},{"id":"ut-records-access","citation":"Utah Code § 57-8a-227","topic":"Records","summary":"The association must keep and make available to lot owners the nonprofit-act records plus copies of its governing documents, most recent approved minutes, most recent annual budget and financial statement, most recent reserve analysis, insurance certificates, three years of board minutes, and three years of profit-and-loss statements and balance sheets. Governing documents, latest minutes, and latest budget/financial statement must be free on the association's website (or available physically at its registered address if it has no website). The association must fulfill a written inspection/copy request within 10 business days; copying charges are capped at actual third-party cost or 10 cents per page plus $20 per hour, and emailed documents must be free. It may redact Social Security numbers, bank account numbers, and attorney-client privileged communications. Noncompliance triggers $25 per day (for the website documents) starting the 11th business day, plus attorney fees, and after a 10-day demand notice the owner may sue for injunctive relief and $1,000 or actual damages.","text_excerpt":"(1)(a) ...an association shall keep and make available to lot owners ... (ii) a copy of the association's: (A) governing documents; (B) most recent approved minutes; (C) most recent annual budget and financial statement; (D) most recent reserve analysis; (E) certificate of insurance for each insurance policy the association holds; (F) board meeting minutes from the previous three calendar years; (G) profit and loss statement for the previous three fiscal years; and (H) balance sheet for the previous three fiscal years. ... (4)(a) An association shall comply with a request described in Subsection (3) within 10 business days after the day on which the association receives the request. ... (5) ...the association shall pay: ... (b) for items described in Subsections (1)(a)(ii)(A) through (C), $25 to the lot owner who made the request for each day the request continues unfulfilled, beginning the eleventh business day after the day on which the lot owner made the request...","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S227.html","verified":true},{"id":"ut-assessments-late-fees","citation":"Utah Code § 57-8a-201","topic":"Assessments & late fees","summary":"Each owner must pay their proportionate share of common expenses and assessments in the amount and at the time the board sets under the declaration or bylaws; an assessment is a debt of the owner from the time it is made. For a late payment the board may impose a late fee of no more than the greater of 10% of the assessment or $50, plus interest on the assessment and late fee of up to 1.5% per month. Before imposing any fee under this section the board must adopt a fee schedule by rule (following the § 57-8a-217 rulemaking process) and provide a copy to each lot owner.","text_excerpt":"(4) The board of directors may impose, for a late payment: (a) a late fee, not to exceed the greater of: (i) 10% of the assessment amount; or (ii) $50; and (b) interest on the assessment and late fee of up to 1.5% per month. (5) Before imposing a fee under this section, the board of directors shall: (a) adopt a fee schedule by rule in accordance with Section 57-8a-217 that describes the amount of fee the board shall impose; and (b) provide a copy of the fee schedule to each lot owner.","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S201.html","verified":true},{"id":"ut-notice-methods","citation":"Utah Code § 57-8a-214","topic":"Notice methods","summary":"Notice given by any method allowed under the Utah Revised Nonprofit Corporation Act constitutes fair and reasonable notice, whether or not the association is incorporated as a nonprofit. Other methods qualify if authorized in the declaration, articles, bylaws, or rules and fair and reasonable under the circumstances. Electronic notice (text message, email, or the association's website) is allowed if provided for in the governing documents — but any lot owner may, by written demand, require the association to give them notice by mail.","text_excerpt":"(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.","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S214.html","verified":true},{"id":"ut-board-meetings","citation":"Utah Code § 57-8a-226","topic":"Board meetings & open meetings","summary":"The board may act only at a board meeting (or by written action under nonprofit-act § 16-6a-813). At least 48 hours before a meeting, the association must email written notice — time, date, location, and electronic-participation details — to every lot owner who has requested board-meeting notice, unless the meeting is on a previously provided schedule or is an emergency. Meetings must be open to lot owners (or their written-designated representative), with a reasonable comment opportunity, which may be limited to one comment period. The board may close a meeting only to consult an attorney, discuss litigation, personnel, contract negotiations or bids, matters of individual privacy, or a delinquent assessment or fine. If the association fails to comply and does not cure within 90 days of a written demand, an owner may sue for injunctive relief and $500 or actual damages.","text_excerpt":"(2)(a) At least 48 hours before a board meeting, the association shall give written notice of the board meeting via email to each lot owner who requests notice of a board meeting, unless: (i) notice of the board meeting is included in a board meeting schedule that was previously provided to the lot owner; or (ii)(A) the board meeting is to address an emergency... (3)(a) Except as provided in Subsection (3)(b), a board meeting shall be open to each lot owner or the lot owner's representative if the representative is designated in writing. ... (4)(a) At each board meeting, the board shall provide each lot owner a reasonable opportunity to offer comments.","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S226.html","verified":true},{"id":"ut-budget","citation":"Utah Code § 57-8a-215","topic":"Budget","summary":"The board must prepare and adopt a budget at least once a year and present the adopted budget to the members at a meeting of the members. The budget is disapproved only if, within 45 days after that meeting, at least 51% of all allocated voting interests vote to disapprove it at a special meeting called by the owners for that purpose. If a budget is disapproved or none is adopted, the last-adopted budget continues in effect until the board adopts a new one.","text_excerpt":"(1) At least once 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.","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S215.html","verified":true},{"id":"ut-reserve-analysis","citation":"Utah Code § 57-8a-211","topic":"Reserve fund","summary":"Except as the governing documents provide otherwise, the board must have a reserve analysis conducted at least every six years and reviewed/updated at least every three years, covering common-area components with a useful life of three or more years. The association must annually give owners a summary of the most recent analysis and provide the full analysis on request, and must include a reserve fund line item in each annual budget in an amount the board determines prudent based on the analysis (or higher if the governing documents require). Owners may veto the line item by a 51% vote at a special meeting within 45 days of budget adoption. Reserve funds must be kept separate from other funds and may not be spent for other purposes or daily maintenance without a majority member vote (with a narrow statewide-emergency shortfall exception). Owner remedies for noncompliance include $500 or actual damages plus fees after a 90-day demand notice. These requirements do not apply during the declarant's period of administrative control.","text_excerpt":"(2) Except as otherwise provided in the governing documents, a board shall: (a) cause a reserve analysis to be conducted no less frequently than every six years; and (b) review and, if necessary, update a previously conducted reserve analysis no less frequently than every three years. ... (7)(a) Within 45 days after the day on which an association adopts the association's annual budget, the lot owners may veto the reserve fund line item by a 51% vote of the allocated voting interests in the association at a special meeting called by the lot owners for the purpose of voting whether to veto a reserve fund line item. ... (9)(c) A board shall maintain a reserve fund separate from other association funds.","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S211.html","verified":true},{"id":"ut-insurance-required","citation":"Utah Code § 57-8a-403","topic":"Insurance","summary":"Beginning no later than the first lot conveyance to a non-declarant, the association must maintain, to the extent reasonably available: (1) blanket property or guaranteed-replacement-cost insurance on the physical structure of all attached dwellings, limited common areas appurtenant to a dwelling, and common areas, against all commonly insured risks of direct physical loss (per § 57-8a-405); and (2) liability insurance for death, bodily injury, and property damage arising from the use, ownership, or maintenance of common areas (per § 57-8a-406). If the association becomes aware that either coverage is not reasonably available, it must notify all lot owners within seven calendar days.","text_excerpt":"(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 ... 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...","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S403.html","verified":true},{"id":"ut-rental-restrictions","citation":"Utah Code § 57-8a-209","topic":"Rental restrictions","summary":"An association may restrict the number and term of rentals or prohibit rentals, but only in the recorded declaration (or an amendment to it) — by rule it may only set a minimum lease term of six months or less. Any restriction or rental fee must exempt owners deployed in the military, lots occupied by an owner's parent, child, or sibling, owners relocated by an employer for two years or less, certain entity- and estate-planning-owned lots, and must grandfather existing rentals until the owner occupies or transfers the lot. The association generally may not require approval of renters or leases, copies of applications, credit or background checks, or charge rental-specific fees — except an association that allows at least 35% rentals may charge up to $200 once every 12 months after notice and a board vote. Rental of a code-compliant internal accessory dwelling unit may not be restricted. Older associations (formed before May 12, 2009) are outside Subsections (1)–(5) unless they adopt or amend a restriction after May 12, 2015.","text_excerpt":"(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...","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S209.html","verified":true},{"id":"ut-enforcement-discretion","citation":"Utah Code § 57-8a-213","topic":"Enforcement discretion","summary":"The board must use reasonable judgment in deciding whether to impose sanctions or pursue legal action for a governing-document violation. It is not required to enforce if, after fair review, in good faith and without conflict of interest, it determines the legal position doesn't justify action, the provision is likely inconsistent with current law, the violation is technical and immaterial, or enforcement isn't in the association's best interests given hardship or expense. Declining enforcement now doesn't bar later enforcement, but the board may not act arbitrarily, capriciously, or against public policy.","text_excerpt":"(1)(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. ... (3) The board may not be arbitrary, capricious, or against public policy in taking or not taking enforcement action.","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S213.html","verified":true},{"id":"ut-assessment-lien","citation":"Utah Code § 57-8a-301","topic":"Assessment lien","summary":"The association has a lien on a lot for assessments and, except as the declaration provides otherwise, for collection costs including court costs, reasonable attorney fees, late charges, and interest. A fine becomes lienable only after the § 57-8a-208 appeal window expires without appeal, or a court upholds the fine on appeal. Recording the declaration itself constitutes record notice and perfection of the lien. The lien has priority over other liens except those recorded before the declaration, a first or second mortgage/trust deed recorded before the association's notice of lien, and real estate taxes or governmental charges.","text_excerpt":"(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 ... (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 ... and a court issued a final order upholding a fine... (b) The recording of a declaration constitutes record notice and perfection of a lien described in Subsection (1)(a).","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S301.html","verified":true},{"id":"ut-foreclosure-limits","citation":"Utah Code § 57-8a-303","topic":"Foreclosure","summary":"At least 30 calendar days before initiating a nonjudicial foreclosure, the association must deliver the lot owner a statutory-form notice by certified mail (return receipt requested) stating the intent to foreclose and the owner's right to demand judicial foreclosure instead. Nonjudicial foreclosure is barred if the association fails to give that notice, if the owner mails a certified-mail demand for judicial foreclosure within 30 days of delivery, if the lien includes a fine, or (outside timeshares) if the lien does not include an assessment delinquent more than 180 days. In short: fines can never be collected by nonjudicial foreclosure, and the assessment must be at least 180 days past due.","text_excerpt":"(1) At least 30 calendar days before the day on which an association initiates a nonjudicial foreclosure ... the association shall deliver notice to the owner of the lot that is the intended subject of the nonjudicial foreclosure. ... (3) An association may not use a nonjudicial foreclosure to enforce a lien if: (a) the association fails to provide notice in accordance with Subsection (1); (b) the lot owner mails the association a written demand for judicial foreclosure ... within 30 days after the day on which the return receipt ... shows the association's notice ... is delivered; (c) the lien includes a fine described in Subsection 57-8a-301(1)(a)(iii); or (d) unless the lien is on a time share estate ... the lien does not include an assessment ... that is delinquent more than 180 days after the day on which the assessment is due.","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S303.html","verified":true},{"id":"ut-board-qualifications","citation":"Utah Code § 57-8a-501","topic":"Board & elections","summary":"A director must be a natural person at least 18 years old. Bylaws may prescribe additional qualifications, and the association may disqualify felons or sex offenders through governing documents or board procedures. A director need not be a Utah resident or a lot owner unless the bylaws require it. Except as limited by the declaration, bylaws, or this chapter, the board acts in all instances on behalf of the association. Election procedure itself (nominations, ballots, meetings, quorum) is governed by the association's bylaws and, for incorporated associations, the Utah Revised Nonprofit Corporation Act (Title 16, Chapter 6a) — not by this chapter.","text_excerpt":"(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). ... (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.","source_url":"https://le.utah.gov/xcode/Title57/Chapter8A/57-8a-S501.html","verified":true}]}