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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to condominium and community associations.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires a condominium or community association to make certain governing
13 documents available on an association website;
14 ▸ provides a cause of action for a unit owner or a lot owner for whom a condominium
15 or community association does not make certain governing documents available on
16 an association website; and
17 ▸ provides for penalties and injunctive relief against an association under certain
18 circumstances.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 57-8-58, Utah Code Annotated 1953
26 57-8a-228, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 57-8-58 is enacted to read:
30 57-8-58. Association website -- Governing documents -- Right of action.
31 (1) An association shall maintain, or contract with a third party to maintain, a website
32 that:
33 (a) is accessible by any unit owner in the association; and
34 (b) makes available for viewing and downloading a copy that is up-to-date or 30 days
35 or fewer out-of-date of:
36 (i) the condominium covenants and restrictions for the real property governed by the
37 association;
38 (ii) the association bylaws; and
39 (iii) the articles of incorporation creating the association.
40 (2) A unit owner may file a civil action that alleges a violation of Subsection (1).
41 (3) An association that violates Subsection (1) is liable to a unit owner in a civil action
42 for:
43 (a) delivery to the unit owner of an up-to-date document that complies with Subsection
44 (1);
45 (b) an amount equal to the unit owner's association dues pro rata for the amount of days
46 that the unit owner is unable to obtain an up-to-date copy of a document that the association is
47 required to post to the website described in Subsection (1); and
48 (c) reasonable attorney fees and costs.
49 Section 2. Section 57-8a-228 is enacted to read:
50 57-8a-228. Association website -- Governing documents -- Penalty -- Right of
51 action.
52 (1) An association shall maintain, or contract with a third party to maintain, a website
53 that:
54 (a) is accessible by any lot owner in the association; and
55 (b) makes available for viewing and downloading a copy that is up-to-date or 30 days
56 or fewer out-of-date of:
57 (i) any covenants and restrictions for the real property governed by the association;
58 (ii) the association bylaws; and
59 (iii) the articles of incorporation creating the association.
60 (2) A lot owner may file a civil action that alleges a violation of Subsection (1).
61 (3) An association that violates Subsection (1) is liable to a lot owner in a civil action
62 for:
63 (a) delivery to the lot owner of an up-to-date document that complies with Subsection
64 (1);
65 (b) an amount equal to the lot owner's association dues pro rata for the amount of days
66 that the lot owner is unable to obtain an up-to-date copy of a document that the association is
67 required to post to the website described in Subsection (1); and
68 (c) reasonable attorney fees and costs.
Legislative Review Note
Office of Legislative Research and General Counsel