Issued Advisory Opinions
Issued Advisory Opinions
Summary of the Facts
The dispute involves Mr. Payne and the Westglen Village Condominium Association. It began after a new management company changed homeowner assessments from a flat rate to a system based on unit square footage, which increased Mr. Payne's fees. Following this, Mr. Payne requested three years of financial records, claiming the documents provided were incomplete, and also requested an independent audit, which the Association argued was not required. Mr. Payne also raised concerns about the adoption of the 2025 budget, alleged that the Association was neglecting maintenance of common areas, and questioned the authority for several rules and fees, including a resale fee and a towing policy. The Association contended it had provided all records it possesses, was not required to produce a new annual budget, and was actively working to secure funds for maintenance.
Summary of the Conclusions
The Office of the Homeowners' Association Ombudsman concluded that the Association acted correctly in changing the fee calculation to a percentage-based system and was not required to hold a formal meeting to do so. The Office also found the Association fulfilled its legal obligation by providing all available financial reports in its possession and met its obligation to maintain common areas by working to secure funding and determine the priority of repairs. However, the Office determined the Association was not in compliance with its own governing documents—and therefore Utah law—due to its failure to conduct an annual audit and its failure to provide an annual budget to homeowners, as both actions are required by the Association's CC&Rs. Lastly, the Office stated it lacks jurisdiction to rule on the validity of the disputed rules and fees because they were adopted in 2005.
Issue Topics: Access to governing documents; Compliance with/enforcement of governing documents; Compliance with/enforcement of rules and regulations; Budget; Fees and assessments; Common areas and amenities
Summary of the Facts
A dispute arose between homeowners, the Tanners, and the Layton Parke Estates Homeowners Association regarding the Tanners' chicken coop and hens. The Tanners built the 81-square-foot coop after receiving permits from Layton City. After a neighbor complained, the Association issued violation notices, first citing a rule against "temporary structures". When the Tanners' legal counsel challenged this interpretation, the Association paused enforcement and contacted the developer, who was still in the period of administrative control. On September 15, 2025, the Declarant recorded amended CC&Rs that explicitly banned all poultry and chicken coops. The Association then issued new violation notices based on this updated document.
Summary of the Conclusions
The Office of the Homeowners' Association Ombudsman concluded that the Association did not violate Utah law and can require the removal of the Tanners' coop and hens. The analysis found that the Declarant's amendment to the CC&Rs was valid. This is because the Declarant was still within the "period of administrative control," and the original governing documents gave them the unilateral right to make such amendments. Furthermore, the Office found no legal requirement for the Tanners' pre-existing coop and hens to be "grandfathered in". While some state laws protect non-conforming uses from new rules, those laws do not apply to amendments to the CC&Rs. Finally, obtaining permits from Layton City does not override the more restrictive, binding contractual obligations of the Association's CC&Rs.
Issue Topics: Compliance with/enforcement of governing documents; Amendment of governing documents; Declarant/Developer; Pets/animals
Summary of the Facts
A dispute arose between Mr. Knight and the Sagewood Village Homeowners' Association concerning the parking of his trailer on his property. The Association's governing documents restrict trailer parking, requiring them to be on a concrete pad behind a six-foot fence. After receiving a notice from the Association on September 8, 2025 , Mr. Knight moved what he describes as a "utility trailer" from his RV pad to his driveway, believing this would comply. The Association maintained that this was still a violation, claiming the vehicle was a "travel trailer" that it could restrict. Mr. Knight disagreed, citing a recent change in state law, Utah Code § 57-8a-218(20)(a), which he argued prevents the Association from restricting an operable vehicle in a driveway.
Summary of the Conclusions
The Office of the Homeowners' Association Ombudsman concluded that the Association's attempts to prohibit Mr. Knight from parking his trailer in his driveway are illegal under both state law and the Association's own CC&Rs. The analysis focused on Utah Code § 57-8a-218(20)(a), which generally bars associations from restricting operable vehicles in driveways. While the law provides exceptions for "commercial vehicles," "motor homes," and "recreational vehicle trailers," the Office determined Mr. Knight's trailer did not meet the legal definition of any of these exceptions. Specifically, it is not self-propelled (a requirement for a motor home) and is not "designed as a temporary dwelling" (a requirement for a recreational vehicle trailer). Because the trailer is an operable vehicle protected by the statute, the Association cannot prohibit its parking by rule. Additionally, the Office found that the Association's own CC&Rs permit "customary parking," which is defined as parking operable vehicles in the driveway.
Issue Topics: Compliance with/enforcement of governing documents; Compliance with/enforcement of rules and regulations
Summary of the Facts
A dispute arose between Mr. Nord and the Aspen Cove at Scofield Owners Association regarding a $500 Special Reserve Assessment for 2025. This assessment was approved by the Association's members during their 2024 annual meeting as a means to strengthen the reserve fund, rather than increasing annual dues. Mr. Nord challenged the 2025 assessment after the Association President sent an email in June 2025 stating that the reserve fund was "fully funded." The Association contended that this "fully funded" status was temporary and that the assessment was still necessary to cover several planned capital expenditures, including water monitoring, security cameras, and gate access upgrades.
Summary of Conclusions
The Office of the Homeowners' Association Ombudsman concluded that the Association did not violate Utah law by collecting the assessment. The analysis found that the Special Reserve Assessment was properly approved by the Association's members during the 2024 annual meeting, in accordance with the governing documents. Although Mr. Nord pointed to the "fully funded" status of the reserve, the Office noted that Utah law does not set a maximum limit on the amount a reserve fund can hold for known and anticipated expenses. Furthermore, nothing in the law prevents members from proactively approving a special assessment to cover future costs. Because the assessment was validly approved and Mr. Nord's lot is not exempt, he is required to pay it.
Issue Topics: Reserve Fund; Fees and Assessments; Special Assessments
Summary of the Facts
A dispute arose between Ms. Ratz, a homeowner and Board Trustee, and the SunRiver St. George Community Association Board. The conflict involved multiple issues, including alleged violations of transparency, the validity of specific assessments for the "Reflections" neighborhood, and the process for amending governing documents. A central disagreement occurred when the Association’s Financial Advisory Committee ("FAC") scheduled a closed-door meeting on July 15, 2025, to discuss the budget. Ms. Ratz argued this violated state open meeting laws, while the Board contended that these laws did not apply to the Association or its committees.
Summary of Conclusions
The Office of the Homeowners' Association Ombudsman concluded that the Association did not violate Utah law in several key areas. First, the Utah Open and Public Meetings Act does not apply to community associations. Furthermore, the Association’s own governing documents specifically permitted the FAC to meet in a closed session to review the budget. Second, the Board acted lawfully when it excluded Ms. Ratz from an executive session to discuss her legal demand; state law allows this to protect attorney-client privilege, especially since Ms. Ratz was in a legally adverse position to the Association. The Board's preliminary process for reviewing document amendments was also found to be compliant. Finally, the Office determined it lacked jurisdiction to rule on several of Ms. Ratz's other claims, including the validity of the Reflections Assessment, alleged violations of the business judgment rule, access to records, and harassment.
Summary of the Amendment
After the original opinion was issued, the Office of the Homeowners' Association Ombudsman was provided with information that the resolution creating the FAC had been amended; however, the amended document was not provided to the office. While the amended resolution did not impact the analysis and conclusion of the original opinion, additional factual and background information was added to ensure accuracy.
Issue Topics: Compliance with/enforcement of governing documents; Amendment of governing documents; Records request; Board; Board/Management Committee meetings; Meeting notices; Meeting minutes; Fees and assessments
Summary of the Facts
This dispute involves homeowner William Malan and the Jeremy Ranch Owners Association regarding a notice of violation issued for a hot tub installed in 1994, which had remained compliant for approximately 30 years
Legal Questions Presented
- Can an Association Change Its Rules and Enforce Them on Existing Homes?
An HOA can legally amend its rules and apply them to all homeowners, provided it follows Utah law and its governing documents when adopting the new rules. In this case, because the Association adopted the Guidelines in accordance with the requirements of Utah law and its Governing Documents, they are valid and apply to all homeowners within the Association.
- How Does Grandfathering Work When an Association Changes Its Rules?
In Utah, “grandfathering” protects a homeowner from having to remove personal items (such as a hot tub) after a rule change, but it does not prevent the HOA from enforcing new rules that don’t require the disposal of personal property. Because the Association is not requiring Mr. Malan to dispose of the hot tub, it does not qualify for the grandfathering exception under Utah law.
- Who is Responsible for Compliance Costs, Especially After Unintended Violations?
Generally, the homeowner is financially responsible for bringing their property into compliance with the rules, even if the violation was unintentional or occurred as an indirect consequence of following general safety advice from the HOA. In Mr. Malan’s case, the CC&Rs clearly state that he is responsible for any costs incurred in bringing the hot tub into compliance with the Guidelines.
Issue Topics: Compliance with/enforcement of governing documents; Rule Adoption; Fines and Enforcement
Summary of the Facts
A series of disputes arose between Ms. Ollerton and the Aix La Chapelle Condominium Association regarding allegations of improper rule adoption, lack of financial transparency, and maintenance failures. The Association denied these allegations while asserting that it had acted in good faith
Legal Questions Presented
- What are the Requirements for an Association to Amend its Declaration to Include Rental Restrictions?
Utah law allows an association to amend its declaration so long as it complies with the procedures outlined in the declaration and other applicable Utah laws. Utah law further allows an association to impose rental restrictions in its declaration, and in some limited circumstances, its rules. In this case, the Amendment imposing the rental restrictions was recorded with Salt Lake County and has an attestation that all requirements, including the voting thresholds, for the Amendment were met. Therefore, the Amendment was duly adopted and recorded, and the Association did not violate Utah law in imposing the rental restrictions.
- Can an Association Prevent a Member Who is a Felon or Sex Offender from Seeking Election to its Board?
Utah law allows an association to prohibit an individual from running for or serving on its board if the individual is a felon or sex offender. In this case, no evidence is presented to support the allegation that the Rule was adopted in violation of Utah law. Accordingly, the Rule is valid and applies to all members of the Association.
- Can an Association Apply a Rule Banning a Felon from Its Board to Someone with an Expunged Record?
Once an individual has completed the expungement process, including receiving the certificate of eligibility, court order, and processing, that individual can respond to inquiries as though the arrest, prosecution, or conviction did not occur. In this matter, while there may have been other lawful reasons for preventing Mr. Wright from running for the Board, the Association cannot base that denial solely on his expunged criminal matters.
Issue Topics: Compliance with/enforcement of governing documents; Amendment of governing documents; Compliance with/enforcement of rules and regulations; Rule adoption; Board
Summary of the Facts
A dispute arose between homeowner A. Tom Nelson and The Ridge at St. George Townhome Association regarding the Association's budgeting process, assessment calculations, and annual meeting notices
Legal Questions Presented
- What are the Requirements for an Association When Adopting and Approving a Budget?
Utah law does not require condominium associations to prepare and adopt an annual budget, nor does it impose any specific requirements or standards related to the budgeting process, other than what may be included in an association’s governing documents. In this matter, the Office lacks jurisdiction to opine on the particular claims made by Mr. Nelson as they were known more than one year before he submitted the Request.
- How is an Association Required to Calculate Assessments?
Utah law requires an association to assess each unit owner for common expenses based on their ownership interest, as more fully detailed and outlined in the association’s governing documents. In this case, the Office lacks jurisdiction to opine on the particular claims made by Mr. Nelson as they were known more than one year before he submitted the Request.
- What Notice is Required from an Association Before an Annual Meeting?
Utah law allows an association to provide notice of an annual meeting to members in various ways so long as it is fair and reasonable when all the circumstances surrounding the notice are considered. Additionally, an association must generally comply with any notice requirements contained in its governing documents. In this case, since Mr. Nelson had actually received notice of the meeting and had never demanded that he be provided with notice only via mail, the notice of the annual meeting sent to Mr. Nelson via email was fair and reasonable, considering all the circumstances. Additionally, Mr. Nelson waived his right to object to any deficiencies in the notice process by attending the meeting and failing to raise his objections at that time.
Issue Topics: Compliance with/enforcement of governing documents; Meeting notices; Budget; Fees and assessments
Summary of the Facts
A dispute arose between Monnie Elliott and the Padre Lakes Townhomes Association regarding the voting requirements for an upcoming annual meeting and Board election
Legal Questions Presented
- What are the Voting Requirements for an Association?
Under Utah law, community associations are required to conduct board elections in compliance with the specific procedures outlined in their governing documents, defaulting to a vote at the annual meeting only if the bylaws are silent. In this case, because the Bylaws state that elections “may” be handled by mail, language defined as permissive rather than mandatory, the Association acted within its authority by declining to use mail ballots and instead holding the election at the annual meeting.
Issue Topics: Compliance with/enforcement of governing documents; Board
Summary of the Facts
This dispute involved Daniel Burleigh and the Cooper's Hollow Home Owners Association regarding a basement renovation within Mr. Burleigh's townhome
Legal Questions Presented
- Does an Association's Failure to Act in One Case Mean that it has Waived its Ability to Act in Another?
Utah law allows an association to adopt and enforce usage restrictions in its governing documents and gives an association some discretion as to when and how to enforce those restrictions. In this case, the Association’s alleged previous failure to enforce these restrictions in one situation does not mean that it has waived its right to enforce them later.
- What Restrictions Can an Association Place on Improvements and Construction Within an Owner's Home, and Can a Homeowner Rely on a Design Approval Received From an Association?
Under Utah law, an association may generally regulate lot use and review improvement plans. However, specific statutes prohibit an association from (a) banning IADUs from detached single-family homes, (b) preventing reliance on previously approved completed applications, or (c) restricting a dwelling’s interior use unless there is a safety necessity. Although Mr. Burleigh’s incomplete application precludes him from using statutory protections to rely on the ACC approval, and although his attached townhome does not qualify for statutory IADU protections, the Association ultimately cannot enforce its CC&R limits on bedrooms and kitchens because the restriction violates the statutory ban on regulating interiors without a safety purpose, and all fines associated with that enforcement are invalid.
Issue Topics: Compliance with/enforcement of governing documents; Compliance with/enforcement rules and regulations; Fines and enforcement; Design/architectural control
Summary of the Facts
Nathan Andelin, a homeowner and landlord in Santorini Village, initiated a dispute with the Santorini Village Owners Association, Inc. regarding various administrative and financial actions taken by the Board. The Association provided notice of its approved 2025 budget in December 2024; however, Mr. Andelin contended that the process failed to comply with state law by denying homeowners the opportunity to discuss or vote on the budget's disapproval. In April 2025, the Board adopted a resolution and disclosure requirements that established an escalating fine schedule, a rental administration fee, and mandated that landlords provide copies of executed lease agreements and tenant contact information. Mr. Andelin argued these measures and their adoption process violated Utah law, while the Association asserted it acted within its authority and properly enforced all relevant rules. Additionally, a conflict arose over access to records when Mr. Andelin submitted multiple document requests in early 2025. Although the Association provided several documents in May 2025, including bank statements, Mr. Andelin maintained that the response was incomplete, as it failed to deliver financial data to his preferred CSV format or include specific management company contracts. Conversely, the Association argued it satisfied its legal obligations by providing the statutorily required documents and that Mr. Andelin was not entitled to the additional records or specific formats he requested.
Legal Questions Presented
- What are the Requirements for an Association When Adopting Fines and Fees?
Under Utah Code § 57-8a, an association may legally assess fees and fines by rule provided it issues 15 days’ notice of the rule-making meeting, affords homeowners a reasonable opportunity for comment, and distributes the finalized fee schedule to all owners within 15 days of adoption. In this matter, the Association satisfied these requirements by providing a timely email notice, allowing for homeowner input during the April meeting, and ensuring the adopted Resolution was immediately accessible to all members through an online portal.
- What Records is an Association Required to Maintain and Produce to Homeowners, and What are the Requirements for an Association When Adopting a Budget?
Under Utah law, community associations are required to maintain and provide access to specific records upon a member's good-faith request and must follow established procedures for adopting annual budgets, which members retain a limited right to disapprove. Applying these statutes, the Office determined that the Association complied with Utah law by providing sufficient financial statements, even though they were not in the specific CSV format requested by Mr. Andelin and did not include all other documents requested by Mr. Andelin. Additionally, the Association adhered to the proper timeline and notification requirements for the adoption of the 2025 budget.
- Can an Association Require, Through a Rule, a Homeowner to Provide a Copy of an Executed Lease Agreement and to Pay a Rental Administration Fee?
Under Utah law, community associations may adopt rules and administrative fees for rental properties, provided they comply with statutory notice requirements and limit information requests to non-prohibited items, such as signed lease agreements and tenant contact information, rather than sensitive data, including credit reports or background checks. In the present matter, many of the allegations and challenges brought by Mr. Andelin are time-barred by the one-year jurisdictional limit under Utah Code § 13-79-104(2)(a)(iii). However, on the matters for which the Office does have jurisdiction, the Association acted within its authority because the requested information is legally permissible. Finally, no information has been provided to the Office demonstrating that the Association failed to comply with Utah law regarding the notice requirements for the rental administrative fee. Even if it had, no evidence has been provided that Mr. Andelin formally contested the rental fee via a written waiver request. Accordingly, the Association has not violated Utah law with respect to the Resolution and Tenant Disclosures.
Summary of the Facts
A dispute arose between Lynn Kenneth Packer and the Hill Farms Subdivision Homeowner Association regarding the governance, maintenance, and administrative transition of the community. Mr. Packer contended that the third declarant improperly delayed the turnover of control to homeowners, arguing that the transfer should have legally occurred in 2021 rather than 2024. He further asserted that the subsequent board election was invalid, that common area landscaping was neglected due to deficient enforcement, and that his requests to inspect association records were unlawfully denied. Conversely, the association maintained that the transition of administrative control in July 2024 was valid and consistent with its governing documents. The association also stated that its board exercised proper discretion regarding enforcement and maintenance and that certain records requested by Mr. Packer were withheld in accordance with statutory limitations regarding member inspection rights. The timeline of events included various transfers of declarant rights, a board meeting and election held in July 2024 to transfer control to homeowners, and a series of record requests and responses occurring between May 2019 and March 2025.
Legal Questions Presented
- When Does the Period of Administrative Control End Within an Association?
Under Utah law, the period of administrative control in a community association generally terminates once a specific percentage of lots are sold, though this timeframe is strictly capped by statutory limits regarding the declarant's retained rights or cessation of business activity. Applying this to Mr. Packer’s case, the Office lacks jurisdiction to review the matter because the period of administrative control undisputedly concluded more than a year before he submitted his request.
- Do Association Members Retain Enforceable Voting Rights During the Period of Administrative Control?
Under Utah law, community association voting rights are primarily determined by the association's bylaws, with the Utah Revised Nonprofit Corporation Act serving to fill gaps where the Community Association Act and governing documents are silent. Accordingly, while these principles would generally guide the parties regarding the votes that occurred in July 2024, the Office cannot address the specific issues raised in the advisory opinion request because they occurred more than one year prior to Mr. Packer’s submission of his request.
- Can a Declarant Assign or Transfer Their Rights and Interests to a Third Party?
Utah law explicitly allows declarants to transfer or assign their rights and interests in an association to successors, defining key statutory terms to include those who receive such assignments. Applying this to Mr. Packer, because the period of administrative control concluded more than a year before he submitted his request, the Office lacks jurisdiction to address the matter.
- What are the Statutory Obligations of a Declarant During the Period of Administrative Control?
Although Utah law generally exempts declarants from various responsibilities during the period of administrative control, they are still required to reasonably maintain common areas, enforce community rules, and ensure proper financial management and disclosure. In the current matter, however, the Office cannot address Mr. Packer’s request regarding the Declarant’s obligations related to landscape maintenance and rule enforcement because the issues have been ongoing since approximately 2015, and the period of administrative control ended at the latest in July 2024. Therefore, the specific allegations raised by Mr. Packer fall outside the Office’s jurisdiction under Utah Code § 13-79-104(2)(a)(iii).
- What Records is an Association Required to Maintain and Produce Upon Request?
Under Utah law, associations must provide access to specific records upon a detailed, good-faith request, but they are permitted to redact privileged information and are not obligated to produce documents outside of statutory requirements. In this matter, the Association complied with Utah law by providing Mr. Packer with all statutorily required records while properly exercising its discretion to withhold attorney-client privileged materials and other non-statutory documents.
Summary of the Facts
A dispute arose between homeowner Brian Fielden and the Lakeside at Deer Valley Condominiums Management Committee regarding the production of association records and the transparency of financial decisions. Mr. Fielden alleged that the Committee failed to comply with statutory requirements by not providing specific documents, including vendor contracts, monthly financial statements, and legal invoices related to specialized counsel retained for an insurance claim involving the Committee President's unit. In response, the Association maintained that it satisfied all legal obligations by making all statutorily required documents available for inspection to the extent they existed. The Association further contended that current law does not mandate the production of specific vendor contracts or monthly budget reports and denied that association funds were improperly used for personal legal services. Additionally, Mr. Fielden contested the sufficiency of the time allotted for public comments during the 2025 annual meeting, while the Association argued that homeowners were provided a reasonable opportunity to speak through multiple periods for questions and discussion throughout the session.
Legal Questions Presented
- What Records is an Association Required to Maintain and Produce to Homeowners?
Under Utah law, an association must allow members to inspect specific records if the request is made in good faith, describes a proper purpose, and provides sufficient detail to identify the relevant documents. In this matter, the Association has satisfied its legal obligations by providing the records mandated by the current statute, which restricts broader access previously allowed under the outdated version of Utah law and case law cited by Mr. Fielden, along with additional documents that exceed the statutory requirements.
- What are the Requirements for Public Comment During an Association Meeting?
Under Utah Code § 57-8-57, association management committee meetings must remain open to homeowners unless specifically exempted, and the committee is required to provide homeowners a “reasonable opportunity” to comment on meeting subjects, a fact-specific standard determined by the unique circumstances of each case. In the present matter, although Mr. Fielden contested the sufficiency of the time allotted for comments during the 2025 annual meeting, the Association did not violate the law because the meeting minutes demonstrate that homeowners were given multiple opportunities to raise questions and participate in discussions throughout the session, thus satisfying the requirement to provide a reasonable chance to speak.
Summary of the Facts
In January 2025, Shiree Wilson began residency in the Cherokee Springs RV Park, a community governed by the Cherokee Springs RV Park Owners Association. In October 2025, a Board member observed Ms. Wilson’s dog on the grass of Lot 110, leading to a discussion and a subsequent exchange of text messages involving allegations of threats and selective enforcement. Following a visit from the Board president to discuss the pet issue and the nature of those text messages, the Association’s management company issued a courtesy notice and a second notice of violation for allowing a pet on another resident's property. Ms. Wilson notified management that she had received express verbal permission from a representative of the lot owner’s family for her dog to use that specific property. Management disputed that an owner could grant permission to violate community rules and requested proof of this consent, which Ms. Wilson declined to provide, asserting that the governing documents did not require such proof and that the rule restricting pet access conflicted with pet ownership rights granted in the CC&Rs. After further observations of the dog on Lot 110 in December 2025, the Association issued a $100 fine, stating they had contacted the recorded owner of the lot who denied granting any permission. Although a hearing was scheduled for December 17, 2025, to dispute the violation and fine, Ms. Wilson did not attend, and the Board subsequently issued a final determination upholding the fine.
Legal Questions Presented
- Can the Rules of an Association Expand the Limitations Set Forth in a Declaration?
Under Utah law, community association boards generally have the authority to adopt administrative rules, provided these rules do not create a direct conflict with higher-priority governing documents by forbidding or permitting actions that those documents explicitly permit or forbid, respectively. Applying this standard, the Association’s rule prohibiting pets on neighbors’ property is enforceable because it serves as a valid elaboration of the CC&Rs’ nuisance provisions rather than a contradiction, confirming that the Association did not violate state law in adopting the rules regarding pets.
- What are the Enforcement Rights of an Association?
Under Utah Code, a homeowners’ association may assess fines for rule violations if it provides a formal written warning, enforces regulations uniformly among residents, and allows the homeowner an opportunity to contest the charges through an informal board hearing. In this matter, the Association acted within its legal authority because Ms. Wilson continued her prohibited conduct following a valid courtesy notice and subsequently failed to attend her requested dispute hearing, which left the Board with the discretion to uphold the fines based on the available evidence.
Summary of the Facts
A dispute arose between Sean Kearney and the Whispering Pines Property Owners Association regarding the procedural requirements for a proposed land exchange involving 1.35 acres of association-owned open space and four water shares
Legal Questions Presented
- What are the Requirements for an Association to Transfer or Sell Common Area Property?
Under Utah law, a nonprofit association’s authority to sell property without member approval depends on whether the sale occurs within the “regular course of business,” otherwise requiring a formal board proposal and member vote under Utah Code § 16-6a-1202. In this matter, although the Association asserts that the value of the land swap alone is below the $5,000 threshold, the total transaction value—including land, water shares, and leases—clearly exceeded the $5,000 threshold set forth in the Bylaws. However, because the Association did ultimately obtain approval from 77% of the homeowners, it satisfied the necessary consent requirements and avoided a violation of Utah law.
Summary of the Facts
In 2025, Brian Benson initiated a dispute with the Pines at Jordan Landing Management Committee regarding the registration of contact information in the state's homeowners' association registry
Legal Questions Presented
- What Information is an Association Required to Provide on the Office's HOA Registry?
Under Utah Code § 57-8-13.1, homeowners’ associations must register and renew their registration annually with the Office by providing, at a minimum, specific contact information for the association president, each committee member, and a primary contact for payoff information. In this case, insofar as Desert Edge did not provide contact information as directed by the Committee members, Desert Edge, and therefore the Association, violated these requirements by listing Desert Edge’s contact details instead of the individual information specified by each Committee member, as mandated by Utah Code § 57-8-13.1.
Summary of the Facts
A dispute arose between James Wilson and the Scenic Mountain Homeowners Association over financial transparency, rule adoption, and expense allocation. Mr. Wilson alleged that the Association failed to provide specific line-item financial records and implemented unauthorized fees and rules in 2024 without proper open meetings or owner comments
Legal Questions Presented
- What Records is an Association Required to Maintain and Produce Upon Request?
Utah law requires associations to provide members with access to specific maintained records upon a good-faith, sufficiently detailed request for a proper purpose. However, an association may redact sensitive data and is not required to create new documents or provide specialized accounting services. Because Mr. Wilson’s request sought a detailed explanation of how assessments are allocated rather than specific existing records, the Association appears to have complied with the law so long as it has made the required financial documents available.
- What are the Requirements When an Association Adopts Rules?
Under Utah law, an association’s board is empowered to adopt or amend rules through a process that requires 15 days’ notice to homeowners, an opportunity for public comment at the board meeting, and the distribution of the final rules within 15 days after adoption. The Office lacks jurisdiction to address alleged procedural defects from 2024 as they occurred more than one year prior to the request, and the parties do not dispute that the 2025 rule-making process met all statutory requirements. Accordingly, the Association did not violate Utah law in adopting the 2025 rules.
- What are the Requirements and Limitations for the Use of Reserve Funds?
Utah law requires homeowners’ associations to maintain a separate reserve fund specifically for repairing or replacing common areas that the association owns and manages. These funds are intended for long-term maintenance of shared property and generally cannot be used for daily expenses without member approval. In this case, the Association acted legally in using reserve funds contributed by all homeowners because the lift stations are common areas that benefit all residents, either directly or through shared facilities such as the clubhouse. Since these stations serve the entire community, the Association is permitted to use collective reserve funds for their repair regardless of which specific homes they are located near.
- What are the Requirements and Limitations for an Association Regarding Contracting?
Under Utah law, association board members must act in the best interests of the association and may only engage in self-dealing transactions if the conflict is fully disclosed and approved by a vote of the remaining board and general membership. In this matter, the Board did not violate these standards by awarding a landscaping contract to a homeowner’s business, as the homeowner was neither a board member nor related to a board member, thereby precluding a statutory conflict of interest. Additionally, the contract was awarded through a competitive bidding process focused on the Association’s needs, so there was no violation of Utah law in awarding the contract to the homeowner.
Summary of the Facts
A dispute between Susan Karr and the Wolf Star Homeowners Association arose after water intrusion damaged the interior of Ms. Karr’s home
Legal Questions Presented
- What are the Maintenance and Repair Obligations of an Association and Homeowner, and How are the Costs Allocated Between Each Party?
Under Utah law, homeowners’ associations are responsible for maintaining common areas and providing primary insurance for attached dwellings, while individual owners are responsible for the interior of their homes and the payment of insurance deductibles in proportion to any loss. Applying these statutes to the present case, the Association is not required to reimburse Ms. Karr for the $610 investigation fee because the costs were fundamentally linked to her interior repairs, and the Association has already fulfilled its legal obligation by remediating the common area damage.
Summary of the Facts
A dispute arose between Janice Weirich and the Hill Farms Subdivision Homeowner Association after she installed a chicken coop and kept poultry on her property
Legal Questions Presented
- What are the Enforcement Rights of an Association?
Utah law permits homeowners’ associations to assess fines for governing document violations after proper notice and a cure period, while granting boards some discretionary authority to enforce governing documents without fear that non-enforcement will automatically constitute a legal waiver of future rights. In this matter, the Association maintains its right to enforce the prohibition against chickens because both Utah law and the Governing Documents protect the Board’s enforcement flexibility, and there is no indication that the Association does not consistently apply the rule to other homeowners who violate it once the violation becomes known to the Association.
- What are the Obligations of an Association when a Homeowner Seeks a Vote on an Amendment to the Governing Documents?
Under Utah law, a non-profit association may amend its governing documents via a member-initiated petition and written ballot, provided the association meets specific notice requirements and provides voters with information sufficient to make an informed decision; however, the board is not legally obligated to summarize proposed changes, campaign for the amendment, or override the association's governing documents regarding voting thresholds. In this case, the Association complied with these principles by distributing the full text of Ms. Weirich's proposed amendment and correctly applying the CC&Rs' approval requirement. Because the proposed amendment did not achieve the required 67% approval from all homeowners, the Association was correct in determining that the measure failed and did not formally amend the CC&Rs.
Summary of the Facts
The Black Bear Condominiums and homeowner Autumn Jennings were involved in a dispute regarding the validity of a significant special assessment and the association's financial management
Legal Questions Presented
- What are the Requirements for a Reserve Study, and How May Reserve Funds be Used?
Under Utah law, homeowner associations are required to conduct regular reserve analyses to identify maintenance costs for common-area components and to maintain a separate fund dedicated to those future repairs and replacements. In the present matter, the Association met these legal requirements because its reserve study provided the necessary component details, and the Board acted within its statutory discretion to determine funding levels and approve expenditures for common area maintenance.
- What are the Requirements and Obligations Associated with Special Assessments?
Under Utah law, homeowners’ associations are authorized to levy both general and special assessments for common expenses based on ownership interest, provided these charges align with the association’s governing documents and statutory definitions. In this matter, the special assessment is legally binding because it was approved by the required majority of homeowners, including Ms. Jennings herself, in accordance with the Association’s CC&Rs.
- What Records is an Association Required to Maintain and Produce Upon Request?
Utah law requires homeowners’ associations to provide members with specific financial records and reserve studies within two weeks of receiving a valid, good-faith request. In this case, the Association met its duty to provide the appropriate financial summaries to Ms. Jennings, and so long as the Association provided the reserve analysis to Ms. Jennings within 14 days of its completion, it has complied with the statutory requirements of Utah law.
Disclaimer
As a means of resolving disputes between HOAs and homeowners, the Office of the Homeowners’ Association Ombudsman is authorized to issue Advisory Opinions under Utah Code § 13-79-104. An Advisory Opinion is a legal analysis of a specific question or questions, thoroughly evaluating facts presented by all parties. An attorney within the Office is appointed to prepare a reasoned written opinion that attempts to predict how a court would decide the matter.
Advisory Opinions analyze specific fact patterns and situations, and should be read as informal and advisory. Advisory Opinions should not be used as precedent, and do not control other situations. Readers should remember that the unique facts behind each Advisory Opinion are critical to the conclusion.
Although the Advisory Opinions apply general legal principles, each situation is unique, and various legal and factual factors affect the analysis. A different outcome may be justified, even in similar factual situations. Moreover, laws change over time, and new appellate cases provide new interpretations of existing laws that impact the analysis of an Advisory Opinion. Readers should be advised that the Advisory Opinions provide general guidance and information to assist the specific parties in resolving the dispute in the Advisory Opinion informally. Specific questions and factual situations should be directed to the Office of the Homeowners’ Association Ombudsman or private legal counsel to be analyzed according to current laws.
