Utah Code 57-8a-217. Association rules, including design criteria — Requirements and limitations relating to board’s action on rules and design criteria — Vote of disapproval
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 57-8a-217
- association: means a corporation or other legal entity, any member of which:(2)(a)(i) is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and(2)(a)(ii) by virtue of membership or ownership of a residential lot is obligated to pay:(2)(a)(ii)(A) real property taxes;(2)(a)(ii)(B) insurance premiums;(2)(a)(ii)(C) maintenance costs; or(2)(a)(ii)(D) for improvement of real property not owned by the member. See Utah Code 57-8a-102
- board: means the entity, regardless of name, with primary authority to manage the affairs of the association. See Utah Code 57-8a-102
- Board meeting: means a gathering of a board, whether in person or by means of electronic communication, at which the board can take binding action. See Utah Code 57-8a-102
- Lot: means :
(16)(a) a lot, parcel, plot, or other division of land:(16)(a)(i) designated for separate ownership or occupancy; and(16)(a)(ii)(16)(a)(ii)(A) shown on a recorded subdivision plat; or(16)(a)(ii)(B) the boundaries of which are described in a recorded governing document; or(16)(b)(16)(b)(i) a unit in a condominium association if the condominium association is a part of a development; or(16)(b)(ii) a unit in a real estate cooperative if the real estate cooperative is part of a development. See Utah Code 57-8a-102- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Period of administrative control: means the period during which the person who filed the association's governing documents or the person's successor in interest retains authority to:
(20)(a) appoint or remove members of the association's board of directors; or(20)(b) exercise power or authority assigned to the association under the association's governing documents. See Utah Code 57-8a-102- Rule: means a policy, guideline, restriction, procedure, or regulation of an association that:
(25)(a)(i) is not set forth in a contract, easement, article of incorporation, bylaw, or declaration; and(25)(a)(ii) governs:(25)(a)(ii)(A) the conduct of persons; or(25)(a)(ii)(B) the use, quality, type, design, or appearance of real property or personal property. See Utah Code 57-8a-102- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) Subject to Subsection (1)(b), a board may adopt, amend, modify, cancel, limit, create exceptions to, or expand the rules of the association.(1)(b) A board’s action under Subsection (1)(a) is subject to:(1)(b)(i) this section;(1)(b)(ii) any limitation that the declaration imposes on the authority stated in Subsection (1)(a);(1)(b)(iv) the board’s duty to exercise business judgment on behalf of:(1)(b)(iv)(A) the association; and(1)(b)(iv)(B) the lot owners in the association;(1)(b)(v) the right of the lot owners or declarant to disapprove the action under Subsection (4) ; and(1)(b)(vi) Subsection (7).(2) Except as provided in Subsection (3), before adopting, amending, modifying, canceling, limiting, creating exceptions to, or expanding the rules of the association, the board shall:(2)(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, as provided in Section 57-8a-214, that the board is considering a change to a rule or design criterion;(2)(b) provide an open forum at the board meeting giving lot owners an opportunity to be heard at the board meeting before the board takes action under Subsection (1)(a); and(2)(c) deliver a copy of the change in the rules or design criteria approved by the board to the lot owners as provided in Section 57-8a-214 within 15 days after the date of the board meeting.(3)(3)(a) Subject to Subsection (3)(b), a board may adopt a rule without first giving notice to the lot owners under Subsection (2) if there is an imminent risk of harm to a common area, a limited common area, a lot owner, an occupant of a lot, a lot, or a dwelling.(3)(b) The board shall provide notice under Subsection (2) to the lot owners of a rule adopted under Subsection (3)(a).(4) A board action in accordance with Subsections (1), (2), and (3) is disapproved if within 60 days after the date of the board meeting where the action was taken:(4)(a)(4)(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(4)(a)(ii) the vote is taken at a special meeting called for that purpose by the lot owners under the declaration, articles, or bylaws; or(4)(b)(4)(b)(i) the declarant delivers to the board a writing of disapproval; and(4)(b)(ii)(4)(b)(ii)(A) the declarant is within the period of administrative control; or(4)(b)(ii)(B) for an expandable project, the declarant has the right to add real estate to the project.(5)(5)(a) The board has no obligation to call a meeting of the lot owners to consider disapproval, unless lot owners submit a petition, in the same manner as the declaration, articles, or bylaws provide for a special meeting, for the meeting to be held.(5)(b) Upon the board receiving a petition under Subsection (5)(a), the effect of the board’s action is:(5)(b)(i) stayed until after the meeting is held; and(5)(b)(ii) subject to the outcome of the meeting.(6) During the period of administrative control, a declarant may exempt the declarant from association rules and the rulemaking procedure under this section if the declaration reserves to the declarant the right to exempt the declarant.(7) An action against an association or member of the association’s board based upon failure to comply with the requirements of Subsection (2) shall be commenced no later than 18 months after the day on which the board took the challenged action under Subsection (2).