Title 57  Chapter 8a  Part 1  Section 109

IndexUtah Code
Title 57Real Estate
Chapter 8aCommunity Association Act
Part 1General Provisions
Section 109Approval of plans.
(Effective 5/7/2025)


Effective 5/7/2025
57-8a-109.  Approval of plans.
(1)As used in this section:
(a)"Fire-resistant material" means a material designed and tested to resist ignition, slow the spread of fire, or withstand high temperatures, including:
(i)Class A roofing;
(ii)non-combustible siding;
(iii)a fiber cement product;
(iv)metal roofing; or
(v)fire-rated gypsum board.
(b)"Lot plans" means plans:
(i)for the construction or improvement of a lot; and
(ii)that are required to be approved by the association before the lot construction or improvement may occur.
(c)"Plan fee" means a fee that an association charges for review and approval of lot plans.
(2)An association may not charge a plan fee that exceeds the actual cost of reviewing and approving the lot plans.
(3)An association may not prohibit, unreasonably restrict, deny, or delay a plan due to the plan's inclusion of a fire-resistant material in an area with heightened risk of wildfire.
(4)If the association denies a lot plan, the association shall provide written notice to the lot owner specifying:
(a)each governing document provision on which the association relied when denying the plan; and
(b)the specific aspect of the proposed plan that does not conform to the specified governing document provision.


Amended by Chapter 226, 2025 General Session