Utah HOA Governing Statute
Overview — How HOAs are governed in Utah
Utah takes a different approach than most states. Rather than adopting a single uniform code, the state governs common interest communities through two parallel statutes — the Community Association Act and the older Condominium Ownership Act. Both see substantial legislative activity year after year.1
The Community Association Act, Utah Code Section 57-8a-101 et seq., was enacted in 2004. It governs non-condominium homeowner associations — planned communities, planned unit developments, and townhome projects that fall outside the condominium definition.2 The Condominium Ownership Act, Utah Code Section 57-8-1 et seq., came first, enacted in 1963 and amended many times since. It governs condominium projects whose declarations submit the property to that chapter.3
Utah amends these statutes substantially in most legislative sessions. Recent bills have addressed governance, fining and late fees, records inspection, dispute resolution, and the creation of a statewide ombudsman office.4
Utah has not adopted the Uniform Common Interest Ownership Act. Both chapters are Utah-specific instruments, which means practitioners should not assume UCIOA features — such as mandatory owner budget ratification — apply here.5
Which statute governs a given association depends on whether the recorded declaration submits the property to the Condominium Ownership Act. If it does not, and the plats are not condominium plats, the Community Association Act applies.6
For property managers, board members, and community association attorneys, identifying the correct governing chapter is the first step in any compliance analysis. The two chapters impose parallel but separately codified obligations, and a provision that applies under one does not automatically apply under the other.
The statutory framework
The Utah Community Association Act
The Utah Community Association Act, Utah Code Section 57-8a-101 et seq., was enacted by Chapter 153 of the 2004 General Session.2 It is a bespoke Utah statute, not derived from UCIOA. The chapter applies to associations whose members own residential lots and are obligated to pay assessments — for real property taxes, insurance premiums, maintenance, or improvement of property the member does not own. It expressly excludes associations created under the Condominium Ownership Act.7
Applicability is determined by Section 57-8a-103. The chapter applies if the declaration says it applies, or if the declaration is silent and the plats are not condominium plats.6
Structurally, the Act divides into eight parts: general provisions, administrative provisions, collection of assessments, insurance, the association board, consolidation of associations, solar access, and electric vehicle charging systems.8 Key defined terms in Section 57-8a-102 include "association," "board," "governing documents" (articles of incorporation, bylaws, plat, declaration, and rules), "rule," "residential lot," and "period of administrative control."9 The definitional structure matters — many obligations apply only to associations meeting specific criteria, or only when governing documents are silent.
Recent amendments have concentrated on governance, fining and late fees, and records inspection. House Bill 217 (2025) amended numerous Community Association Act sections, including Section 57-8a-104 (limits on amending governing documents), Section 57-8a-201 (assessment late fees), Section 57-8a-227 (records availability), and Section 57-8a-502 (declarant control).10
Before 2004, non-condominium associations in Utah operated primarily under their recorded covenants, general nonprofit corporation law, and contract law — without a dedicated planned community statute. The 2004 enactment created the framework now in force.2
The Utah Condominium Ownership Act
The Utah Condominium Ownership Act, Utah Code Section 57-8-1 et seq., was enacted by Chapter 111 of the 1963 General Session and has been amended repeatedly since.3 It applies only to property whose owner submits it to the Act by executing and recording a declaration that includes a statement of intention that the Act applies.11 Submission to the Act is the sole determinant of condominium status. A project that looks physically like a townhome is a condominium if and only if its declaration submits it to Chapter 8.11
Structurally, the Act covers unit ownership and common areas, declaration and plat content, conversion and expansion of projects, registration with the Department of Commerce, management committee governance, assessments and liens, insurance, fines, and foreclosure.12 Key defined terms in Section 57-8-3 include "unit," "common areas and facilities," "association of unit owners," "management committee," "declaration," and "assessment."13
The Act uses "management committee" where the Community Association Act uses "board," and "unit owner" where the Community Association Act uses "lot owner." These are parallel roles, just differently labeled.
The principal differences between the two chapters center on scope and terminology, not philosophy. The condominium statute focuses on undivided interests in common areas allocated among units — a feature absent from the lot-based planned community model.12 Many substantive obligations mirror each other across the two chapters, often through parallel bills that amend both at once. But the sections are separately numbered and separately worded. An obligation under one chapter does not apply to associations governed by the other.7
The role of CC&Rs and corporate law
Each statute establishes an internal order of precedence. Under Section 57-8a-228(5) for community associations, and Section 57-8-40(5) for condominiums, the governing chapter controls first. Then comes the law under which the entity is organized — typically the Utah Revised Nonprofit Corporation Act — followed by the plat and declaration (which rank equally), then the articles of incorporation, then the bylaws, and finally the rules and policies.14 A lower-ranked document yields to a higher-ranked one in any conflict. A provision that conflicts with the statute is unenforceable.14
Most Utah associations organize as nonprofit corporations under the Utah Revised Nonprofit Corporation Act, Utah Code Section 16-6a-101 et seq. That Act supplies default rules on meetings, voting, directors, records, and dissolution.15 Both HOA chapters incorporate specific Nonprofit Act records provisions by reference.16
Where neither the governing chapter nor the Nonprofit Act resolves an issue, common law contract and property doctrine applies. Utah courts treat recorded CC&Rs as a contract among owners and the association, interpret them under ordinary contract principles, and apply property doctrines — such as boundary by acquiescence and the law of covenants — to disputes the statutes do not reach.17
Compliance obligations created by the statutory framework
Governance obligations
Both chapters impose meeting, board, and records duties. Open meeting requirements apply to board meetings and management committee meetings.8
Records availability is governed by Section 57-8a-227 for community associations and Section 57-8-17 for condominiums. Both require associations to keep and make available governing documents, recent approved minutes, budgets and financial statements, the most recent reserve analysis, and insurance certificates. Following House Bill 217 (2025), the list expanded to include board meeting minutes from the previous three calendar years and a profit-and-loss statement and balance sheet for the previous three fiscal years.18
These records duties are mandatory and apply regardless of when the association was created, though some details may be varied by governing documents. Board fiduciary and indemnification matters draw on the Nonprofit Act.
Financial obligations
Assessment authority, liens, and reserves each have their own section in the two chapters. Reserve analysis and reserve fund obligations appear in Section 57-8a-211 for community associations and Section 57-8-7.5 for condominiums.19
Under Section 57-8a-211(2), a board must cause a reserve analysis at least every six years and review and update a prior analysis at least every three years. The board must include a reserve fund line item in the annual budget, subject to exceptions in the governing documents.19
Under Section 57-8a-211(7)(a), within 45 days after the association adopts its annual budget, lot owners may veto the reserve fund line item by a 51% vote of allocated voting interests at a special meeting called by the owners.19
Late fees on assessments are capped under Section 57-8a-201 and Section 57-8-8.1.10 Utah does not impose UCIOA-style mandatory owner ratification of the operating budget.5
Disclosure obligations
Resale disclosure is mandatory. Before a sale closes, the seller must provide the buyer a copy of the association's recorded governing documents and a link to Department of Commerce educational materials. That requirement appears in Section 57-8a-105.1 for community associations and Section 57-8-6.1 for condominiums.20
Associations must register with the Department of Commerce under Section 57-8a-105 and Section 57-8-13.1. House Bill 217 (2025) added an annual renewal requirement.10
Financial statements and reserve summaries must be made available to owners annually under the records and reserve sections described above.18
Dispute resolution obligations
Before imposing a fine, a board must give written warning describing the violation, identifying the governing-document provision violated, and allowing at least 48 hours to cure a continuing violation. That requirement appears in Section 57-8a-208 for community associations and Section 57-8-37 for condominiums.21
An owner may request an informal hearing before the board within 30 days of receiving notice of a fine. The owner must have a reasonable opportunity to be heard and to participate by electronic communication. Interest and late fees do not accrue while the hearing is pending.21
An owner may appeal by civil action within 180 days.21 These procedures are mandatory, though governing documents may add detail and may restrict or prohibit fining altogether.21
Utah's recent legislative and judicial activity
Utah is one of the most active HOA-legislation states in the country. Multiple bills affecting both chapters pass in most sessions, and the courts regularly weigh in on how those statutes apply in practice.
Recent bills
Utah amends its HOA statutes nearly every session, with recent focus on governance procedures, fee structures, and a new statewide ombudsman office.
HB 217 · 2025 Regular Session
House Bill 217 touches nearly every major area of the Community Association Act. It caps amendment thresholds — requiring a majority vote at a properly noticed meeting attended by at least 51% of voting interests, with no requirement above 67%. It expands records retention, sets a two-week response deadline on records requests, and backs that up with a $1,000-or-actual-damages remedy plus attorney fees. It also requires written denial for design-review rejections, mandates annual Department of Commerce registration, caps assessment late fees at the greater of 10% of the assessment amount or $50 plus interest up to 1.5% per month, and creates the Office of the Homeowners' Association Ombudsman.[10],[22]
| Property managers | Update fee schedules, records-response workflows, and design-review denial templates to meet the new statutory standards — and flag the two-week records-response deadline to your team. |
| HOA board members | Boards alone cannot amend the declaration, and records requests must be answered within two weeks or the association risks damages and attorney fees. |
| Community association attorneys | Review client governing documents for provisions now unenforceable under the new amendment threshold, and advise on the ombudsman's advisory-opinion process. |
| Homeowners | Owners gain stronger records access, late-fee caps, and a state ombudsman available to help resolve disputes. |
SB 204 · 2024 Regular Session
Senate Bill 204 covers two significant updates. First, it requires associations to permit water-wise landscaping, meaning owners can install low-water alternatives without association interference. Second, it adds internal accessory dwelling units to the rental definition. The bill also clarifies how county assessors treat common areas and establishes a process for an association to sell common areas with 67% owner approval.[23]
| Property managers | Implement landscaping rules permitting low water use and confirm rental tracking now includes internal accessory dwelling units. |
| HOA board members | Boards must adopt compliant water-wise landscaping rules and follow the new 67% threshold for any common-area sale. |
| Community association attorneys | Counsel clients on landscaping rule enforcement limits and the new procedural requirements before any common-area disposition. |
| Homeowners | Owners gain explicit protection for water-efficient landscaping choices and a required vote before the association sells any common area. |
SB 122 · 2026 Regular Session
Senate Bill 122 builds on the ombudsman office created by House Bill 217 in 2025. It requires the office to make each advisory opinion public, publish a list of statutes affecting persons under HOA jurisdiction, post educational materials on its website, and direct callers to those resources. The result is a more transparent and accessible ombudsman function for anyone navigating a Utah HOA dispute.[24]
| Property managers | Direct owner inquiries to the ombudsman's published resources and educational materials on the Utah Department of Commerce website. |
| HOA board members | Use published advisory opinions as a starting point for common compliance questions before taking formal board action. |
| Community association attorneys | Track published advisory opinions for interpretive positions that may signal future enforcement or litigation trends in the state. |
| Homeowners | Owners gain access to public advisory opinions, a statute list, and educational materials through the ombudsman's website. |
Recent court rulings
Utah's appellate courts regularly refine how HOA statutes and governing documents apply in practice.
Behar v. Johnson
This case arose from a board-removal dispute and a fee award at Green Hill Country Estates in Huntsville. The court found most challenges moot after intervening events — but it affirmed the district court's attorney fee award. The court held that the suit "conferred a substantial benefit on the HOA" because it caused the association to follow its own governing documents and stop allowing the board, rather than the members, to vote a board member off the board. For practitioners, it establishes that HOA members can recover fees where their challenge leads an association to correct improper governance.[25]
| Property managers | Document board-removal and election procedures carefully — a procedural misstep can generate fee awards even when the underlying dispute becomes moot. |
| HOA board members | Board actions on member removal must follow governing documents precisely — informal workarounds carry litigation risk that may outlast the original dispute. |
| Community association attorneys | Note the court's treatment of mootness and the substantial-benefit theory for attorney fee awards in derivative-style HOA actions. |
| Homeowners | Owners who challenge improper board action may recover attorney fees where the challenge leads to a concrete benefit for the association. |
Pioneer Home Owners Association v. TaxHawk Inc.
In an opinion authored by Judge Jill M. Pohlman, the court resolved a quiet-title dispute between an association and a tax-services company over property boundaries. The court affirmed summary judgment on the first claim but reversed the dismissal of the second action and the grant of summary judgment on TaxHawk's quiet-title counterclaim, remanding for further proceedings. The case illustrates the role that common law property doctrine — particularly boundary by acquiescence — plays in association disputes that the HOA statutes do not fully resolve.[26]
| Property managers | Confirm recorded boundaries and deeds before asserting association property rights — title confusion can generate complex, multi-round litigation. |
| HOA board members | Boundary and common-area title questions may require litigation and thorough documentation of historical use going back years. |
| Community association attorneys | Apply boundary-by-acquiescence and claim-preclusion analysis in association title disputes; this ruling illustrates both doctrines in practice. |
| Homeowners | Common-area boundary disputes turn on property doctrine, not only the HOA statutes — legal advice specific to the title question is essential. |
Active legislative debates
Ongoing review of reserve funding and fee transparency continues to shape Utah's future legislative priorities.
Office of the Homeowners' Association Ombudsman
The Office of the Homeowners' Association Ombudsman has convened a 2026 statewide review of HOA practices, with particular focus on reserve rules and special assessments. The working group may send recommendations to the 2027 General Session. It represents the ombudsman's first major policy-advisory undertaking since the office opened under House Bill 217.[27]
| Property managers | Review current reserve-funding practices now, before possible new mandates reach the 2027 General Session. |
| HOA board members | Reserve policies are under scrutiny — document the basis for current funding levels and special assessment procedures while you have time. |
| Community association attorneys | Monitor ombudsman publications for advisory opinions previewing likely 2027 legislative priorities on reserves and fees. |
| Homeowners | The review focuses on how special assessments are handled — track the working group's recommendations for possible new owner protections. |
National positioning and related coverage
Utah is a comprehensive non-UCIOA state that regulates common interest communities through two parallel bespoke statutes — the Community Association Act for planned communities and the Condominium Ownership Act for condominiums — supplemented by the Utah Revised Nonprofit Corporation Act.1,15
Utah's distinctive features are this dual-statute structure and a very active amendment cycle. Substantive HOA bills pass in most sessions, and the state added a new ombudsman office in 2025.4,22 For multi-state operators, Utah compliance requires frequent statutory updates. Provisions on fining, late fees, records, amendments, and disclosure change session to session and must be verified against current code rather than prior practice.10
HOA Weekly's Utah Governing Statute coverage updates quarterly to track the state's frequent amendments. Federal frameworks — including the Fair Housing Act, the Servicemembers Civil Relief Act, and FCC over-the-air reception device rules — also apply to Utah associations alongside the state statutes described here.
Closing note
Utah's HOA framework keeps moving. Both the Community Association Act and the Condominium Ownership Act saw significant changes in 2025, and the new Homeowners' Association Ombudsman's office started issuing advisory opinions and educational materials in 2026. That amendment pace is itself a compliance factor — what was accurate last session may not be accurate today.
For property managers, board members, and attorneys operating in Utah, the practical rule is straightforward: verify the current statute before acting on prior practice. The ombudsman's office publishes advisory opinions, a statute list, and educational materials through the Utah Department of Commerce. For authoritative statutory text, the Utah Legislature's official code is available at le.utah.gov.
Footnotes
- Utah Legislature, Utah Code Title 57, Chapter 8a, Community Association Act; Utah Legislature, Utah Code Title 57, Chapter 8, Condominium Ownership Act ↩
- Utah Legislature, Utah Code § 57-8a-101, Community Association Act, Short title (enacted Chapter 153, 2004 General Session) ↩
- Utah Legislature, Utah Code § 57-8-1, Condominium Ownership Act, Short title (enacted Chapter 111, 1963 General Session) ↩
- Utah Legislature, H.B. 217 (2025), Homeowners' Association Amendments ↩
- Utah Legislature, Utah Code § 57-8a-211, Reserve analysis; reserve fund (owner veto provision; no mandatory operating-budget ratification) ↩
- Utah Legislature, Utah Code § 57-8a-103, Applicability of chapter ↩
- Utah Legislature, Utah Code § 57-8a-102(2), Definitions — "association" (excluding associations organized under Title 57, Chapter 8, Condominium Ownership Act) ↩
- Utah Legislature, Utah Code Title 57, Chapter 8a, Parts and sections index (Community Association Act) ↩
- Utah Legislature, Utah Code § 57-8a-102, Definitions ↩
- Utah Legislature, H.B. 217 (2025), enrolled, amending Utah Code §§ 57-8a-104, 57-8a-201, 57-8a-227, 57-8a-502, 57-8-8.1, 57-8-13.1, 57-8-17, and enacting Title 13, Chapter 79 (effective May 7, 2025) ↩
- Utah Legislature, Utah Code §§ 57-8-2 and 57-8-10, Applicability and required statement of intention that the Act applies ↩
- Utah Legislature, Utah Code Title 57, Chapter 8, Sections index (Condominium Ownership Act) ↩
- Utah Legislature, Utah Code § 57-8-3, Definitions ↩
- Utah Legislature, Utah Code § 57-8a-228(5), Governing document hierarchy (Community Association Act); § 57-8-40(5) (Condominium Ownership Act) ↩
- Utah Legislature, Utah Code § 16-6a-101 et seq., Utah Revised Nonprofit Corporation Act ↩
- Utah Legislature, Utah Code § 57-8a-227(1)(a)(i), incorporating Utah Code §§ 16-6a-1601 through 16-6a-1610 records provisions ↩
- Utah Courts, Kelly v. Timber Lakes Property Owners Ass'n, 2022 UT App 23; Swan Creek Village Homeowners Ass'n v. Warne, 2006 UT 22; Pioneer Home Owners Ass'n v. TaxHawk Inc., 2025 UT App 5 ↩
- Utah Legislature, Utah Code § 57-8a-227, Records availability (Community Association Act); § 57-8-17 (Condominium Ownership Act), as amended by H.B. 217 (2025), effective May 7, 2025 ↩
- Utah Legislature, Utah Code § 57-8a-211, Reserve analysis; reserve fund (Community Association Act); Utah Legislature, Utah Code § 57-8-7.5, Reserve analysis; reserve fund (Condominium Ownership Act) ↩
- Utah Legislature, Utah Code § 57-8a-105.1, Pre-sale disclosure (Community Association Act); § 57-8-6.1 (Condominium Ownership Act) ↩
- Utah Legislature, Utah Code § 57-8a-208, Fines; hearing (Community Association Act); § 57-8-37 (Condominium Ownership Act) ↩
- Utah Legislature, Utah Code Title 13, Chapter 79, Office of the Homeowners' Association Ombudsman (created by H.B. 217, 2025) ↩
- Utah Legislature, S.B. 204 (2024), Condominium and Community Association Amendments (signed March 21, 2024; effective May 1, 2024) ↩
- Utah Legislature, S.B. 122 (2026), HOA Amendments (effective May 6, 2026) ↩
- Utah Court of Appeals, Behar v. Johnson, 2024 UT App 129, No. 20230455-CA (decided September 12, 2024) ↩
- Utah Court of Appeals, Pioneer Home Owners Ass'n v. TaxHawk Inc., 2025 UT App 5, No. 20230286-CA (Pohlman, J.) ↩
- Utah Department of Commerce, Office of the Homeowners' Association Ombudsman, 2026 Statewide HOA Practices Review ↩