Effective 5/6/2026
57-8-8.1 Equal treatment by rules required -- Limits on rules.
(1)
(a)Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit owners similarly.
(b)A rule may:
(i)vary according to the level and type of service that the association of unit owners provides to unit owners;
(ii)differ between residential and nonresidential uses; or
(iii)for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant’s guest or as the unit owner’s guest.
(2)
(a)Except as provided in Subsection (2)(b), if a unit owner owns a rental unit and is in compliance with the association of unit owners’ governing documents and any rule that the association of unit owners adopts under Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a rental unit.
(b)A rule may:
(i)limit or prohibit a rental unit owner from using the common areas and facilities for purposes other than attending an association meeting or managing the rental unit;
(ii)if the rental unit owner retains the right to use the association of unit owners’ common areas and facilities, even occasionally:
(A)charge a rental unit owner a fee to use the common areas and facilities; and
(B)for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant’s guest or as the unit owner’s guest; or
(iii)include a provision in the association of unit owners’ governing documents that:
(A)requires each tenant of a rental unit to abide by the terms of the governing documents; and
(B)holds the tenant and the rental unit owner jointly and severally liable for a violation of a provision of the governing documents.
(3)
(a)Except as provided in Subsection (3)(b), a rule may not interfere with the freedom of a unit owner to determine the composition of the unit owner’s household.
(b)An association of unit owners may:
(i)require that all occupants of a dwelling be members of a single housekeeping unit; or
(ii)limit the total number of occupants permitted in each residential dwelling on the basis of the residential dwelling’s:
(A)size and facilities; and
(B)fair use of the common areas and facilities.
(4)Subject to Subsection (14), an association of unit owners may by rule:
(a)unless otherwise provided in the declaration:
(i)regulate the use, maintenance, repair, replacement, and modification of common areas and facilities; and
(ii)impose and receive any payment, fee, or charge for:
(A)the use, rental, or operation of the common areas, except limited common areas and facilities; or
(B)a service provided to a unit owner;
(b)impose, for a late payment of an assessment:
(i)a late fee, not to exceed the greater of:
(A)10% of the assessment amount; or
(B)$50; and
(ii)interest on the assessment and a late fee of up to 1.5% per month; or
(c)provide for the indemnification of the association of unit owners’ officers and management committee consistent with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
(5)
(a)Except as provided in Subsection (5)(b), a rule may not prohibit a unit owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the owner’s condominium unit.
(b)A rule may prohibit a unit owner from installing a personal security camera in a common area not physically connected to the owner’s unit.
(6)
(a)A rule may not abridge the right of a unit owner to display a religious or holiday sign, symbol, or decoration inside the owner’s condominium unit.
(b)An association may adopt a reasonable time, place, and manner restriction with respect to a display that is visible from the exterior of a unit.
(7)
(a)A rule may not:
(i)prohibit a unit owner from displaying in a window of the owner’s condominium unit:
(A)a for-sale sign;
(B)a political sign; or
(C)a flag; or
(ii)except as provided Subsection (7)(b), regulate the content or establish specific design criteria for the content of a political sign or flag.
(b)A rule may restrict a political sign or flag that contains obscene, profane, or commercial content.
(c)A rule may reasonably regulate the size and time, place, and manner of posting a for-sale sign, a political sign, or a flag.
(8)For any area for which one or more unit owners, but not the association, are responsible for landscape maintenance, the association of unit owners:
(a)shall adopt rules supporting water wise landscaping, including:
(i)low water use requirements on lawns during drought conditions;
(ii)design criterion for water wise landscaping; and
(iii)limiting permissible plant material to specific water wise plant material;
(b)may not prohibit low water use on lawns during drought conditions; and
(c)except where reasonably necessary for erosion control, may not prohibit or restrict the conversion of a grass park strip of less than 8 feet wide to water-efficient landscaping.
(9)A rule may restrict a sex offender from accessing a protected area that is maintained, operated, or owned by the association, subject to the exceptions described in Subsection 53-29-306(3).
(10)
(a)Except as provided in this Subsection (10), a rule may not prohibit a unit owner from making modifications, consistent with industry standards, for radon mitigation.
(b)Subsection (10)(a) does not apply if the modifications would violate:
(i)a local land use ordinance;
(ii)a building code;
(iii)a health code; or
(iv)a fire code.
(c)A rule governing the placement or external appearance of modifications may apply to modifications for radon mitigation unless the rule would:
(i)unreasonably interfere with the modifications’ functionality; or
(ii)add more than 40% of the modifications’ original cost to the cost of installing the modifications.
(d)A rule may require that a unit owner making modifications related to radon mitigation:
(i)demonstrate or provide proof of radon contamination; and
(ii)provide proof that the modifications and any related construction will be performed by a licensed person.
(11)
(a)Except as provided in Subsection (11)(b), a rule may not restrict an individual from parking an operable vehicle in a driveway where the vehicle has a legal right to park, unless the vehicle is:
(i)a commercial vehicle, as that term is defined in Section 72-9-102;
(ii)a motor home, as that term is defined in Section 13-20-2;
(iii)a recreational vehicle trailer, as that term is defined in Section 13-20-2;
(iv)a trailer, as that term is defined in Section 41-1a-102;
(v)an off-highway vehicle, as that term is defined in Section 41-22-2;
(vi)special mobile equipment, as that term is defined in Section 41-1a-102; or
(vii)a motorboat, as that term is defined in Section 73-18-2.
(b)A rule may require that an individual park in a garage appurtenant to a unit before parking elsewhere.
(12)
(a)Except as provided in Subsection (12)(b), a rule may not restrict an individual from operating a vehicle that is not a commercial vehicle, as that term is defined in Section 72-9-102, in conformance with state traffic laws.
(b)A rule may enforce a reduced speed limit on a private roadway.
(13)A rule may not:
(a)impose a requirement or restriction on the use of a public street, as that term is defined in Section 10-20-102; or
(b)restrict an individual from:
(i)installing, displaying, or storing an item that the individual has a legal right to store if the item is not visible to an individual standing outside the unit; or
(ii)hiring a contractor or worker solely because the contractor or worker:
(A)is not on the association’s preferred vendor list; or
(B)does not have a professional or occupational license, unless the license is required by law.
(14)A rule shall be reasonable.
(15)A declaration, or an amendment to a declaration, may not vary the requirements of Subsection (1)(b)(ii).
(16)This section applies to an association of unit owners regardless of when the association of unit owners is created.
(17)Before imposing a fee under Subsection (4), an association of unit owners shall:
(a)adopt a fee schedule by rule that describes the amount of each fee the association of unit owners shall impose; and
(b)provide a copy of the fee schedule to each unit owner.

Amended by Chapter 62, 2026 General Session