<section number="57-8-39"><effdate>5/7/2025</effdate><histories><history>Amended by Chapter <modchap sess="2025GS">226</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Limitation on requirements for amending governing documents -- Limitation on contracts.</catchline><subsection number="57-8-39(1)"><subsection number="57-8-39(1)(a)"><subsection number="57-8-39(1)(a)(i)">To amend the governing documents, the governing documents may not require:<subsection number="57-8-39(1)(a)(i)(A)">for an amendment adopted after the period of administrative control, the vote or approval of unit owners with more than 67% of the voting interests;</subsection><subsection number="57-8-39(1)(a)(i)(B)">the approval of any specific unit owner; or</subsection><subsection number="57-8-39(1)(a)(i)(C)">the vote or approval of lien holders holding more than 67% of the first position security interests secured by a mortgage or trust deed in the association of unit owners.</subsection></subsection><subsection number="57-8-39(1)(a)(ii)">An amendment to the declaration after the period of administrative control may be adopted by a majority vote of voters, or a greater percentage if required in the declaration, at a meeting where at least 51% of the voting interests are present.</subsection><subsection number="57-8-39(1)(a)(iii)">Any provision in the governing documents that prohibits a vote or approval to amend any part of the governing documents during a particular time period is invalid.</subsection></subsection><subsection number="57-8-39(1)(b)">Subsection <xref depth="4" refnumber="57-8-39(1)(a)" start="0">(1)(a)</xref> does not apply to an amendment affecting only:<subsection number="57-8-39(1)(b)(i)">the undivided interest of each unit owner in the common areas and facilities, as expressed in the declaration;</subsection><subsection number="57-8-39(1)(b)(ii)">unit boundaries; or</subsection><subsection number="57-8-39(1)(b)(iii)">unit owners' voting rights.</subsection></subsection><subsection number="57-8-39(1)(c)">The management committee may not amend a declaration.</subsection></subsection><subsection number="57-8-39(2)"><subsection number="57-8-39(2)(a)">A contract for services such as garbage collection, maintenance, lawn care, or snow removal executed on behalf of the association of unit owners during a period of administrative control is binding beyond the period of administrative control unless terminated by the management committee after the period of administrative control ends.</subsection><subsection number="57-8-39(2)(b)">Subsection <xref depth="4" refnumber="57-8-39(2)(a)" start="0">(2)(a)</xref> does not apply to golf course and amenity management, utilities, cable services, and other similar services that require an investment of infrastructure or capital.</subsection></subsection><subsection number="57-8-39(3)">Voting interests under Subsection <xref depth="4" refnumber="57-8-39(1)" start="0">(1)</xref> are calculated in the manner required by the governing documents.</subsection><subsection number="57-8-39(4)">Nothing in this section affects any other rights reserved by the declarant.</subsection><subsection number="57-8-39(5)">This section applies to an association of unit owners regardless of when the association of unit owners is created.</subsection></section>