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8 LONG TITLE
9 General Description:
10 This bill amends the Condominium Ownership Act and the Community Association
11 Act.
12 Highlighted Provisions:
13 This bill:
14 ▸ prevents a condominium or homeowners association from prohibiting a
15 condominium unit or lot owner from installing a personal security camera on the
16 owner's dwelling unit; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 57-8-8.1, as last amended by Laws of Utah 2016, Chapters 154 and 348
25 57-8a-218, as last amended by Laws of Utah 2017, Chapter 131
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 57-8-8.1 is amended to read:
29 57-8-8.1. Equal treatment by rules required -- Limits on rules.
30 (1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit
31 owners similarly.
32 (b) Notwithstanding Subsection (1)(a), a rule may:
33 (i) vary according to the level and type of service that the association of unit owners
34 provides to unit owners;
35 (ii) differ between residential and nonresidential uses; or
36 (iii) for a unit that a unit owner leases for a term of less than 30 days, impose a
37 reasonable limit on the number of individuals that may use the common areas and facilities as
38 the rental unit tenant's guest or as the unit owner's guest.
39 (2) (a) If a unit owner owns a rental unit and is in compliance with the association of
40 unit owners' governing documents and any rule that the association of unit owners adopts under
41 Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a
42 rental unit.
43 (b) Notwithstanding Subsection (2)(a), a rule may:
44 (i) limit or prohibit a rental unit owner from using the common areas and facilities for
45 purposes other than attending an association meeting or managing the rental unit;
46 (ii) if the rental unit owner retains the right to use the association of unit owners'
47 common areas and facilities, even occasionally:
48 (A) charge a rental unit owner a fee to use the common areas and facilities; and
49 (B) for a unit that a unit owner leases for a term of less than 30 days, impose a
50 reasonable limit on the number of individuals that may use the common areas and facilities as
51 the rental unit tenant's guest or as the unit owner's guest; or
52 (iii) include a provision in the association of unit owners' governing documents that:
53 (A) requires each tenant of a rental unit to abide by the terms of the governing
54 documents; and
55 (B) holds the tenant and the rental unit owner jointly and severally liable for a violation
56 of a provision of the governing documents.
57 (3) (a) A rule may not interfere with the freedom of a unit owner to determine the
58 composition of the unit owner's household.
59 (b) Notwithstanding Subsection (3)(a), an association of unit owners may:
60 (i) require that all occupants of a dwelling be members of a single housekeeping unit;
61 or
62 (ii) limit the total number of occupants permitted in each residential dwelling on the
63 basis of the residential dwelling's:
64 (A) size and facilities; and
65 (B) fair use of the common areas and facilities.
66 (4) Unless contrary to a declaration, a rule may require a minimum lease term.
67 (5) Unless otherwise provided in the declaration, an association of unit owners may by
68 rule:
69 (a) regulate the use, maintenance, repair, replacement, and modification of common
70 areas and facilities;
71 (b) impose and receive any payment, fee, or charge for:
72 (i) the use, rental, or operation of the common areas, except limited common areas and
73 facilities; and
74 (ii) a service provided to a unit owner;
75 (c) impose a charge for a late payment of an assessment; or
76 (d) provide for the indemnification of the association of unit owners' officers and
77 management committee consistent with Title 16, Chapter 6a, Utah Revised Nonprofit
78 Corporation Act.
79 (6) (a) Except as provided in Subsection (6)(b), a rule may not prohibit a unit owner
80 from installing a personal security camera immediately adjacent to the entryway, window, or
81 other outside entry point of the owner's condominium unit.
82 (b) A rule may prohibit a unit owner from installing a personal security camera in a
83 common area not physically connected to the owner's unit.
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86 requirements of Subsections (1) through (5), except Subsection (1)(b)(ii).
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88 association of unit owners is created.
89 Section 2. Section 57-8a-218 is amended to read:
90 57-8a-218. Equal treatment by rules required -- Limits on association rules and
91 design criteria.
92 (1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated lot
93 owners similarly.
94 (b) Notwithstanding Subsection (1)(a), a rule may:
95 (i) vary according to the level and type of service that the association provides to lot
96 owners;
97 (ii) differ between residential and nonresidential uses; and
98 (iii) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
99 limit on the number of individuals who may use the common areas and facilities as guests of
100 the lot tenant or lot owner.
101 (2) (a) If a lot owner owns a rental lot and is in compliance with the association's
102 governing documents and any rule that the association adopts under Subsection (4), a rule may
103 not treat the lot owner differently because the lot owner owns a rental lot.
104 (b) Notwithstanding Subsection (2)(a), a rule may:
105 (i) limit or prohibit a rental lot owner from using the common areas for purposes other
106 than attending an association meeting or managing the rental lot;
107 (ii) if the rental lot owner retains the right to use the association's common areas, even
108 occasionally:
109 (A) charge a rental lot owner a fee to use the common areas; or
110 (B) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
111 limit on the number of individuals who may use the common areas and facilities as guests of
112 the lot tenant or lot owner; or
113 (iii) include a provision in the association's governing documents that:
114 (A) requires each tenant of a rental lot to abide by the terms of the governing
115 documents; and
116 (B) holds the tenant and the rental lot owner jointly and severally liable for a violation
117 of a provision of the governing documents.
118 (3) (a) A rule criterion may not abridge the rights of a lot owner to display religious
119 and holiday signs, symbols, and decorations inside a dwelling on a lot.
120 (b) Notwithstanding Subsection (3)(a), the association may adopt time, place, and
121 manner restrictions with respect to displays visible from outside the dwelling or lot.
122 (4) (a) A rule may not regulate the content of political signs.
123 (b) Notwithstanding Subsection (4)(a):
124 (i) a rule may regulate the time, place, and manner of posting a political sign; and
125 (ii) an association design provision may establish design criteria for political signs.
126 (5) (a) A rule may not interfere with the freedom of a lot owner to determine the
127 composition of the lot owner's household.
128 (b) Notwithstanding Subsection (5)(a), an association may:
129 (i) require that all occupants of a dwelling be members of a single housekeeping unit;
130 or
131 (ii) limit the total number of occupants permitted in each residential dwelling on the
132 basis of the residential dwelling's:
133 (A) size and facilities; and
134 (B) fair use of the common areas.
135 (6) (a) A rule may not interfere with an activity of a lot owner within the confines of a
136 dwelling or lot, to the extent that the activity is in compliance with local laws and ordinances.
137 (b) Notwithstanding Subsection (6)(a), a rule may prohibit an activity within a dwelling
138 on an owner's lot if the activity:
139 (i) is not normally associated with a project restricted to residential use; or
140 (ii) (A) creates monetary costs for the association or other lot owners;
141 (B) creates a danger to the health or safety of occupants of other lots;
142 (C) generates excessive noise or traffic;
143 (D) creates unsightly conditions visible from outside the dwelling;
144 (E) creates an unreasonable source of annoyance to persons outside the lot; or
145 (F) if there are attached dwellings, creates the potential for smoke to enter another lot
146 owner's dwelling, the common areas, or limited common areas.
147 (c) If permitted by law, an association may adopt rules described in Subsection (6)(b)
148 that affect the use of or behavior inside the dwelling.
149 (7) (a) A rule may not, to the detriment of a lot owner and over the lot owner's written
150 objection to the board, alter the allocation of financial burdens among the various lots.
151 (b) Notwithstanding Subsection (7)(a), an association may:
152 (i) change the common areas available to a lot owner;
153 (ii) adopt generally applicable rules for the use of common areas; or
154 (iii) deny use privileges to a lot owner who:
155 (A) is delinquent in paying assessments;
156 (B) abuses the common areas; or
157 (C) violates the governing documents.
158 (c) This Subsection (7) does not permit a rule that:
159 (i) alters the method of levying assessments; or
160 (ii) increases the amount of assessments as provided in the declaration.
161 (8) (a) Subject to Subsection (8)(b), a rule may not:
162 (i) prohibit the transfer of a lot; or
163 (ii) require the consent of the association or board to transfer a lot.
164 (b) Unless contrary to a declaration, a rule may require a minimum lease term.
165 (9) (a) A rule may not require a lot owner to dispose of personal property that was in or
166 on a lot before the adoption of the rule or design criteria if the personal property was in
167 compliance with all rules and other governing documents previously in force.
168 (b) The exemption in Subsection (9)(a):
169 (i) applies during the period of the lot owner's ownership of the lot; and
170 (ii) does not apply to a subsequent lot owner who takes title to the lot after adoption of
171 the rule described in Subsection (9)(a).
172 (10) A rule or action by the association or action by the board may not unreasonably
173 impede a declarant's ability to satisfy existing development financing for community
174 improvements and right to develop:
175 (a) the project; or
176 (b) other properties in the vicinity of the project.
177 (11) A rule or association or board action may not interfere with:
178 (a) the use or operation of an amenity that the association does not own or control; or
179 (b) the exercise of a right associated with an easement.
180 (12) A rule may not divest a lot owner of the right to proceed in accordance with a
181 completed application for design review, or to proceed in accordance with another approval
182 process, under the terms of the governing documents in existence at the time the completed
183 application was submitted by the owner for review.
184 (13) Unless otherwise provided in the declaration, an association may by rule:
185 (a) regulate the use, maintenance, repair, replacement, and modification of common
186 areas;
187 (b) impose and receive any payment, fee, or charge for:
188 (i) the use, rental, or operation of the common areas, except limited common areas; and
189 (ii) a service provided to a lot owner;
190 (c) impose a charge for a late payment of an assessment; or
191 (d) provide for the indemnification of the association's officers and board consistent
192 with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
193 (14) A rule may not prohibit a lot owner from installing a personal security camera
194 immediately adjacent to the entryway, window, or other outside entry point of the owner's
195 dwelling unit.
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198 requirements of Subsections (1) through (13), except Subsection (1)(b)(ii).
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200 declaration, bylaws, or articles of incorporation.
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202 created.