1     
HOMEOWNER ASSOCIATION BYLAWS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to a homeowner association's bylaws.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits certain restrictions on a homeowner association's ability to meet for the
13     purpose of amending the association's bylaws; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          57-8-16, as last amended by Laws of Utah 1997, Chapter 230
22          57-8a-216, as enacted by Laws of Utah 2011, Chapter 355
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 57-8-16 is amended to read:
26          57-8-16. Contents of bylaws.
27          (1) The bylaws may provide for the following:
28          [(1)] (a) the establishment of a management committee, the number of persons
29     constituting the committee and the method of selecting the members of the committee; the
30     powers and duties of the management committee; and whether or not the management
31     committee may engage the services of a manager;
32          [(2)] (b) the method of calling meetings of the unit owners[;], what percentage of the
33     unit owners shall constitute a quorum[,] and be authorized to transact business;
34          [(3)] (c) the maintenance, repair, and replacement of the common areas and facilities
35     and payment therefor;
36          [(4)] (d) the manner of collecting from the unit owners their share of the common
37     expenses;
38          [(5)] (e) the designation and removal of personnel necessary for the maintenance,
39     repair, and replacement of the common areas and facilities;
40          [(6)] (f) the method of adopting and of amending administrative rules and regulations
41     governing the details of the operation and use of the common areas and facilities;
42          [(7) (a)] (g) (i) restrictions on and requirements respecting the use and maintenance of
43     the units and the use of the common areas and facilities as are designed to prevent
44     unreasonable interference with the use of their respective units and of the common areas and
45     facilities by the several unit owners; and
46          [(b)] (ii) restrictions regarding the use of the units [may include], including other
47     prohibitions on, or allowance of, smoking tobacco products;
48          [(8)] (h) the percentage of votes required to amend the bylaws; and
49          [(9)] (i) other provisions as may be considered necessary for the administration of the
50     property consistent with this act.
51          (2) An association of unit owners' bylaws may not limit the date on which the
52     association of unit owners may meet to amend the association of unit owners' bylaws.
53          Section 2. Section 57-8a-216 is amended to read:
54          57-8a-216. Association bylaws -- Recording required -- Bylaw requirements.
55          (1) (a) No later than the date of the first lot sale, an association shall file its bylaws for
56     recording in the office of the recorder of each county in which any part of the real estate
57     included within the association is located.
58          (b) If an association fails to file bylaws for recording within the time specified in
59     Subsection (1)(a), the board may file the bylaws for recording as provided in Subsection (1)(a).
60          (2) Unless otherwise provided in the declaration, an association's bylaws shall state:
61          (a) the number of board members;
62          (b) the title of each of the association's officers;
63          (c) the manner and method of officer election by the board or, if the declaration
64     requires, by the lot owners;
65          (d) (i) the board member's and officer's:
66          (A) qualifications;
67          (B) powers and duties; and
68          (C) terms of office;
69          (ii) the method for removing a board member or officer; and
70          (iii) the method for filling a board member or officer vacancy;
71          (e) the powers that the board or officers may delegate to other persons or to a managing
72     agent;
73          (f) the officers who may prepare, execute, certify, and record amendments to the
74     declaration on behalf of the association;
75          (g) a method for the board or lot owners to amend the bylaws, consistent with Section
76     16-6a-1010; and
77          (h) subject to the provisions of the declaration and unless the declaration or this chapter
78     requires that a provision appear in a declaration, any other matter that is necessary or
79     appropriate for conducting the affairs of the association, including:
80          (i) meetings;
81          (ii) voting requirements; and
82          (iii) quorum requirements.
83          (3) An association shall file any amended bylaws for recording in the same manner as
84     the association is required to file the initial bylaws for recording under Subsection (1).
85          (4) An association's bylaws may not limit the date on which the association may meet
86     to amend the association's bylaws.




Legislative Review Note
     as of 1-28-15 9:59 AM

Office of Legislative Research and General Counsel