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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Condominium Ownership Act and the Community
10 Association Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends and enacts provisions regarding rules an association of unit owners may
14 establish regarding:
15 • a unit owner's display of a religious or holiday sign, symbol, or decoration;
16 • the display of a for-sale sign or a campaign sign in a window of the owner's
17 condominium unit;
18 • the content or design criteria of a political sign; and
19 • water-efficient landscaping;
20 ▸ amends provisions regarding rules an association may establish regarding:
21 • a lot owner's display of a religious or holiday sign, symbol, or decoration;
22 • a lot owner's display of a political sign; and
23 • an activity of a lot owner within the confines of a dwelling or lot;
24 ▸ prohibits an association from establishing a rule prohibiting or restricting:
25 • a lot owner from displaying a for-sale sign; or
26 • the conversion of a grass parking strip to water-efficient landscaping;
27 ▸ requires an association to establish a rule supporting water-efficient landscaping;
28 ▸ enacts provisions regarding electric vehicle charging systems;
29 ▸ amends provisions regarding solar energy systems; and
30 ▸ makes technical and conforming changes.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 57-8-8.1, as last amended by Laws of Utah 2021, Chapter 197
38 57-8a-218, as last amended by Laws of Utah 2021, Chapters 102 and 197
39 57-8a-701, as enacted by Laws of Utah 2017, Chapter 424
40 ENACTS:
41 57-8-8.2, Utah Code Annotated 1953
42 57-8a-801, Utah Code Annotated 1953
43 57-8a-802, Utah Code Annotated 1953
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 57-8-8.1 is amended to read:
47 57-8-8.1. Equal treatment by rules required -- Limits on rules.
48 (1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit
49 owners similarly.
50 (b) Notwithstanding Subsection (1)(a), a rule may:
51 (i) vary according to the level and type of service that the association of unit owners
52 provides to unit owners;
53 (ii) differ between residential and nonresidential uses; or
54 (iii) for a unit that a unit owner leases for a term of less than 30 days, impose a
55 reasonable limit on the number of individuals that may use the common areas and facilities as
56 the rental unit tenant's guest or as the unit owner's guest.
57 (2) (a) If a unit owner owns a rental unit and is in compliance with the association of
58 unit owners' governing documents and any rule that the association of unit owners adopts under
59 Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a
60 rental unit.
61 (b) Notwithstanding Subsection (2)(a), a rule may:
62 (i) limit or prohibit a rental unit owner from using the common areas and facilities for
63 purposes other than attending an association meeting or managing the rental unit;
64 (ii) if the rental unit owner retains the right to use the association of unit owners'
65 common areas and facilities, even occasionally:
66 (A) charge a rental unit owner a fee to use the common areas and facilities; and
67 (B) for a unit that a unit owner leases for a term of less than 30 days, impose a
68 reasonable limit on the number of individuals that may use the common areas and facilities as
69 the rental unit tenant's guest or as the unit owner's guest; or
70 (iii) include a provision in the association of unit owners' governing documents that:
71 (A) requires each tenant of a rental unit to abide by the terms of the governing
72 documents; and
73 (B) holds the tenant and the rental unit owner jointly and severally liable for a violation
74 of a provision of the governing documents.
75 (3) (a) A rule may not interfere with the freedom of a unit owner to determine the
76 composition of the unit owner's household.
77 (b) Notwithstanding Subsection (3)(a), an association of unit owners may:
78 (i) require that all occupants of a dwelling be members of a single housekeeping unit;
79 or
80 (ii) limit the total number of occupants permitted in each residential dwelling on the
81 basis of the residential dwelling's:
82 (A) size and facilities; and
83 (B) fair use of the common areas and facilities.
84 (4) Unless contrary to a declaration, a rule may require a minimum lease term.
85 (5) Unless otherwise provided in the declaration, an association of unit owners may by
86 rule:
87 (a) regulate the use, maintenance, repair, replacement, and modification of common
88 areas and facilities;
89 (b) impose and receive any payment, fee, or charge for:
90 (i) the use, rental, or operation of the common areas, except limited common areas and
91 facilities; and
92 (ii) a service provided to a unit owner;
93 (c) impose a charge for a late payment of an assessment; or
94 (d) provide for the indemnification of the association of unit owners' officers and
95 management committee consistent with Title 16, Chapter 6a, Utah Revised Nonprofit
96 Corporation Act.
97 (6) (a) Except as provided in Subsection (6)(b), a rule may not prohibit a unit owner
98 from installing a personal security camera immediately adjacent to the entryway, window, or
99 other outside entry point of the owner's condominium unit.
100 (b) A rule may prohibit a unit owner from installing a personal security camera in a
101 common area not physically connected to the owner's unit.
102 (7) (a) A rule may not abridge the right of a unit owner to display a religious or holiday
103 sign, symbol, or decoration inside the owner's condominium unit.
104 (b) An association may adopt a reasonable time, place, and manner restriction with
105 respect to a display that is on the exterior of a unit.
106 (8) (a) A rule may not:
107 (i) prohibit a unit owner from displaying in a window of the owner's condominium
108 unit:
109 (A) a for-sale sign; or
110 (B) a political sign;
111 (ii) regulate the content of a political sign; or
112 (iii) establish design criteria for a political sign.
113 (b) Notwithstanding Subsection (8)(a), a rule may reasonably regulate the size and
114 time, place, and manner of posting a for-sale sign or a political sign.
115 (9) An association of unit owners:
116 (a) shall adopt rules supporting water-efficient landscaping, including allowance for
117 low water use on lawns during drought conditions; and
118 (b) may not prohibit or restrict the conversion of a grass park strip to water-efficient
119 landscaping.
120 [
121 [
122 requirements of Subsections (1) through (5), except Subsection (1)(b)(ii).
123 [
124 association of unit owners is created.
125 Section 2. Section 57-8-8.2 is enacted to read:
126 57-8-8.2. Electric vehicle charging systems -- Restrictions -- Responsibilities.
127 (1) As used in this section:
128 (a) "Charging system" means a device that is:
129 (i) used to provide electricity to an electric or hybrid electric vehicle; and
130 (ii) designed to ensure a safe connection between the electric grid and the vehicle.
131 (b) "General electrical contractor" means the same as that term is defined in Section
132 58-55-102.
133 (c) "Residential electrical contractor" means the same as that term is defined in Section
134 58-55-102.
135 (2) Notwithstanding any provision in an association's governing documents to the
136 contrary, an association may not prohibit a unit owner from installing or using a charging
137 system in:
138 (a) a parking space:
139 (i) assigned to the unit owner's unit; and
140 (ii) used for the parking or storage of a vehicle or equipment; or
141 (b) a limited common area parking space designated for the unit owner's exclusive use.
142 (3) An association may:
143 (a) require a unit owner to submit an application for approval of the installation of a
144 charging system;
145 (b) require the unit owner to agree in writing to:
146 (i) hire a general electrical contractor or residential electrical contractor to install the
147 charging system; or
148 (ii) if a charging system is installed in a common area, provide reimbursement to the
149 association for the actual cost of the increase in the association's insurance premium
150 attributable to the installation or use of the charging system;
151 (c) require a charging system to comply with:
152 (i) the association's reasonable design criteria governing the dimensions, placement, or
153 external appearance of the charging system; or
154 (ii) applicable building codes;
155 (d) impose a reasonable charge to cover costs associated with the review and
156 permitting of a charging station; or
157 (e) impose a reasonable restriction on the installation and use of a charging station that
158 does not significantly:
159 (i) increase the cost of the charging station; or
160 (ii) decrease the efficiency or performance of the charging station.
161 (4) A unit owner who installs a charging system shall:
162 (a) pay the costs associated with installation and use of the charging station, including
163 the cost of:
164 (i) electricity associated with the charging station; and
165 (ii) damage to a general common area, a limited common area, or an area subject to the
166 exclusive use of another unit owner that results from the installation, use, maintenance, repair,
167 removal, or replacement of the charging station; and
168 (b) disclose to a prospective buyer of the unit:
169 (i) the existence of the charging station; and
170 (ii) the unit owner's related responsibilities under this section.
171 (5) Unless the unit owner and the association or the declarant otherwise agree:
172 (a) a charging station installed under this section is the personal property of the unit
173 owner of the unit with which the charging station is associated; and
174 (b) a unit owner who installs a charging station shall, before transferring ownership of
175 the owner's unit, unless the prospective buyer of the unit accepts ownership and all rights and
176 responsibilities that apply to the charging station under this section:
177 (i) remove the charging station; and
178 (ii) restore the premises to the condition before installation of the charging station.
179 Section 3. Section 57-8a-218 is amended to read:
180 57-8a-218. Equal treatment by rules required -- Limits on association rules and
181 design criteria.
182 (1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated lot
183 owners similarly.
184 (b) Notwithstanding Subsection (1)(a), a rule may:
185 (i) vary according to the level and type of service that the association provides to lot
186 owners;
187 (ii) differ between residential and nonresidential uses; and
188 (iii) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
189 limit on the number of individuals who may use the common areas and facilities as guests of
190 the lot tenant or lot owner.
191 (2) (a) If a lot owner owns a rental lot and is in compliance with the association's
192 governing documents and any rule that the association adopts under Subsection (4), a rule may
193 not treat the lot owner differently because the lot owner owns a rental lot.
194 (b) Notwithstanding Subsection (2)(a), a rule may:
195 (i) limit or prohibit a rental lot owner from using the common areas for purposes other
196 than attending an association meeting or managing the rental lot;
197 (ii) if the rental lot owner retains the right to use the association's common areas, even
198 occasionally:
199 (A) charge a rental lot owner a fee to use the common areas; or
200 (B) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
201 limit on the number of individuals who may use the common areas and facilities as guests of
202 the lot tenant or lot owner; or
203 (iii) include a provision in the association's governing documents that:
204 (A) requires each tenant of a rental lot to abide by the terms of the governing
205 documents; and
206 (B) holds the tenant and the rental lot owner jointly and severally liable for a violation
207 of a provision of the governing documents.
208 (3) (a) A rule criterion may not abridge the rights of a lot owner to display a religious
209 [
210 (i) inside a dwelling on a lot[
211 (ii) outside a dwelling on:
212 (A) a lot;
213 (B) the exterior of the dwelling, regardless of whether the association has an ownership
214 interest in the exterior; or
215 (C) the front yard of the dwelling, regardless of whether the association has an
216 ownership interest in the yard.
217 (b) Notwithstanding Subsection (3)(a), the association may adopt a reasonable time,
218 place, and manner [
219 (i) outside a dwelling on:
220 (A) a lot;
221 (B) the exterior of the dwelling; or
222 (C) the front yard of the dwelling; and
223 (ii) visible from outside the [
224 (4) (a) A rule may not prohibit a lot owner from displaying a political sign:
225 (i) inside a dwelling on a lot; or
226 (ii) outside a dwelling on:
227 (A) a lot;
228 (B) the exterior of the dwelling, regardless of whether the association has an ownership
229 interest in the exterior; or
230 (C) the front yard of the dwelling, regardless of whether the association has an
231 ownership interest in the yard.
232 [
233 [
234 time, place, and manner of posting a political sign[
235 [
236 political [
237 (5) (a) A rule may not prohibit a lot owner from displaying a for-sale sign:
238 (i) inside a dwelling on a lot; or
239 (ii) outside a dwelling on:
240 (A) a lot;
241 (B) the exterior of the dwelling, regardless of whether the association has an ownership
242 interest in the exterior; or
243 (C) the front yard of the dwelling, regardless of whether the association has an
244 ownership interest in the yard.
245 (b) Notwithstanding Subsection (5)(a), a rule may reasonably regulate the time, place,
246 and manner of posting a for-sale sign.
247 [
248 composition of the lot owner's household.
249 (b) Notwithstanding Subsection [
250 (i) require that all occupants of a dwelling be members of a single housekeeping unit;
251 or
252 (ii) limit the total number of occupants permitted in each residential dwelling on the
253 basis of the residential dwelling's:
254 (A) size and facilities; and
255 (B) fair use of the common areas.
256 [
257 within the confines of a dwelling or lot, including backyard landscaping or amenities, to the
258 extent that the activity is in compliance with local laws and ordinances, including nuisance
259 laws and ordinances.
260 (b) Notwithstanding Subsection [
261 dwelling on an owner's lot if the activity:
262 (i) is not normally associated with a project restricted to residential use; or
263 (ii) (A) creates monetary costs for the association or other lot owners;
264 (B) creates a danger to the health or safety of occupants of other lots;
265 (C) generates excessive noise or traffic;
266 (D) creates unsightly conditions visible from outside the dwelling;
267 (E) creates an unreasonable source of annoyance to persons outside the lot; or
268 (F) if there are attached dwellings, creates the potential for smoke to enter another lot
269 owner's dwelling, the common areas, or limited common areas.
270 (c) If permitted by law, an association may adopt rules described in Subsection [
271 (7)(b) that affect the use of or behavior inside the dwelling.
272 [
273 written objection to the board, alter the allocation of financial burdens among the various lots.
274 (b) Notwithstanding Subsection [
275 (i) change the common areas available to a lot owner;
276 (ii) adopt generally applicable rules for the use of common areas; or
277 (iii) deny use privileges to a lot owner who:
278 (A) is delinquent in paying assessments;
279 (B) abuses the common areas; or
280 (C) violates the governing documents.
281 (c) This Subsection [
282 (i) alters the method of levying assessments; or
283 (ii) increases the amount of assessments as provided in the declaration.
284 [
285 (i) prohibit the transfer of a lot; or
286 (ii) require the consent of the association or board to transfer a lot.
287 (b) Unless contrary to a declaration, a rule may require a minimum lease term.
288 [
289 was in or on a lot before the adoption of the rule or design criteria if the personal property was
290 in compliance with all rules and other governing documents previously in force.
291 (b) The exemption in Subsection [
292 (i) applies during the period of the lot owner's ownership of the lot; and
293 (ii) does not apply to a subsequent lot owner who takes title to the lot after adoption of
294 the rule described in Subsection [
295 [
296 unreasonably impede a declarant's ability to satisfy existing development financing for
297 community improvements and right to develop:
298 (a) the project; or
299 (b) other properties in the vicinity of the project.
300 [
301 (a) the use or operation of an amenity that the association does not own or control; or
302 (b) the exercise of a right associated with an easement.
303 [
304 a completed application for design review, or to proceed in accordance with another approval
305 process, under the terms of the governing documents in existence at the time the completed
306 application was submitted by the owner for review.
307 [
308 (a) regulate the use, maintenance, repair, replacement, and modification of common
309 areas;
310 (b) impose and receive any payment, fee, or charge for:
311 (i) the use, rental, or operation of the common areas, except limited common areas; and
312 (ii) a service provided to a lot owner;
313 (c) impose a charge for a late payment of an assessment; or
314 (d) provide for the indemnification of the association's officers and board consistent
315 with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
316 [
317 camera immediately adjacent to the entryway, window, or other outside entry point of the
318 owner's dwelling unit.
319 (16) An association:
320 (a) shall adopt rules supporting water-efficient landscaping, including allowance for
321 low water use on lawns during drought conditions; and
322 (b) may not prohibit or restrict the conversion of a grass park strip to water-efficient
323 landscaping.
324 [
325 the owner of a residential lot from constructing an internal accessory dwelling unit, as defined
326 in Section 10-9a-530, within the owner's residential lot.
327 (b) Subsection [
328 (i) a local land use ordinance;
329 (ii) a building code;
330 (iii) a health code; or
331 (iv) a fire code.
332 [
333 [
334 requirements of Subsections (1) [
335 Subsection (1)(b)(ii).
336 [
337 declaration, bylaws, or articles of incorporation.
338 [
339 created.
340 Section 4. Section 57-8a-701 is amended to read:
341 57-8a-701. Solar energy system -- Prohibition or restriction in declaration or
342 association rule.
343 (1) As used in this section, "detached dwelling" means a detached dwelling for which
344 the association does not have an ownership interest in the detached dwelling's roof.
345 (2) (a) A governing document other than a declaration may not prohibit an owner of a
346 lot with:
347 (i) a detached dwelling from installing a solar energy system[
348 (ii) a dwelling attached to other dwellings from installing a solar energy system, if:
349 (A) the association does not have an ownership interest in the dwelling's roof or
350 building exterior;
351 (B) the association does not have a maintenance, repair, or replacement obligation in
352 the dwelling's roof or building exterior; and
353 (C) all lot owners with attached dwellings in the building agree to the installation of the
354 solar energy system.
355 (b) A governing document other than a declaration or an association rule may not
356 restrict an owner of a lot with:
357 (i) a detached dwelling from installing a solar energy system on the owner's lot[
358 (ii) a dwelling attached to other dwellings from installing a solar energy system on the
359 roof of the dwelling's building, if:
360 (A) the association does not have an ownership interest in the dwelling's roof or
361 building exterior;
362 (B) the association does not have a maintenance, repair, or replacement obligation in
363 the dwelling's roof or building exterior; and
364 (C) all lot owners with attached dwellings in the building agree to the installation of the
365 solar energy system.
366 (3) A declaration may, for a lot with a detached dwelling:
367 (a) prohibit a lot owner from installing a solar energy system; or
368 (b) impose a restriction other than a prohibition on a solar energy system's size,
369 location, or manner of placement if the restriction:
370 (i) decreases the solar energy system's production by 5% or less;
371 (ii) increases the solar energy system's cost of installation by 5% or less; and
372 (iii) complies with Subsection (6).
373 (4) (a) If a declaration does not expressly prohibit the installation of a solar energy
374 system on a lot with a detached dwelling, an association may not amend the declaration to
375 impose a prohibition on the installation of a solar energy system unless the association
376 approves the prohibition by a vote of greater than 67% of the allocated voting interests of the
377 lot owners in the association.
378 (b) An association may amend an existing provision in a declaration that prohibits the
379 installation of a solar energy system on a lot with a detached dwelling if the association
380 approves the amendment by a vote of greater than 67% of the allocated voting interests of the
381 lot owners in the association.
382 (5) An association may, by association rule, for a lot with a detached dwelling, impose
383 a restriction other than a prohibition on a lot owner's installation of a solar energy system if the
384 restriction:
385 (a) complies with Subsection (6);
386 (b) decreases the solar energy system's production by 5% or less; and
387 (c) increases the solar energy system's cost of installation by 5% or less.
388 (6) A declaration or an association rule may require an owner of a detached dwelling
389 that installs a solar energy system on the owner's lot:
390 (a) to install a solar energy system that, or install the solar energy system in a manner
391 that:
392 (i) complies with applicable health, safety, and building requirements established by
393 the state or a political subdivision of the state;
394 (ii) if the solar energy system is used to heat water, is certified by:
395 (A) the Solar Rating and Certification Corporation; or
396 (B) a nationally recognized solar certification entity;
397 (iii) if the solar energy system is used to produce electricity, complies with applicable
398 safety and performance standards established by:
399 (A) the National Electric Code;
400 (B) the Institute of Electrical and Electronics Engineers;
401 (C) Underwriters Laboratories;
402 (D) an accredited electrical testing laboratory; or
403 (E) the state or a political subdivision of the state;
404 (iv) if the solar energy system is mounted on a roof:
405 (A) does not extend above the roof line; or
406 (B) has panel frame, support bracket, or visible piping or wiring that has a color or
407 texture that is similar to the roof material; or
408 (v) if the solar energy system is mounted on the ground, is not visible from the street
409 that a lot fronts;
410 (b) to pay any reasonable cost or expense incurred by the association to review an
411 application to install a solar energy system;
412 (c) be responsible, jointly and severally with any subsequent owner of the lot while the
413 violation of the rule or requirement occurs, for any cost or expense incurred by the association
414 to enforce a declaration requirement or association rule; or
415 (d) as a condition of installing a solar energy system, to record a deed restriction
416 against the owner's lot that runs with the land that requires the current owner of the lot to
417 indemnify or reimburse the association or a member of the association for any loss or damage
418 caused by the installation, maintenance, or use of the solar energy system, including costs and
419 reasonable attorney fees incurred by the association or a member of the association.
420 Section 5. Section 57-8a-801 is enacted to read:
421
422 57-8a-801. Definitions.
423 As used in this part:
424 (1) "Charging system" means a device that is:
425 (a) used to provide electricity to an electric or hybrid electric vehicle; and
426 (b) designed to ensure a safe connection between the electric grid and the vehicle.
427 (2) "General electrical contractor" means the same as that term is defined in Section
428 58-55-102.
429 (3) "Residential electrical contractor" means the same as that term is defined in Section
430 58-55-102.
431 Section 6. Section 57-8a-802 is enacted to read:
432 57-8a-802. Electric vehicle charging systems -- Restrictions -- Responsibilities.
433 (1) Notwithstanding any provision in an association's governing documents to the
434 contrary, an association may not prohibit a lot owner from installing or using a charging system
435 in:
436 (a) a parking space:
437 (i) on the lot owner's lot; and
438 (ii) used for the parking or storage of a vehicle or equipment; or
439 (b) a limited common area parking space designated for the lot owner's exclusive use.
440 (2) An association may:
441 (a) require a lot owner to submit an application for approval of the installation of a
442 charging system;
443 (b) require the lot owner to agree in writing to:
444 (i) hire a general electrical contractor or residential electrical contractor to install the
445 charging system; or
446 (ii) if a charging system is installed in a common area, provide reimbursement to the
447 association for the actual cost of the increase in the association's insurance premium
448 attributable to the installation or use of the charging system;
449 (c) require a charging system to comply with:
450 (i) the association's reasonable design criteria governing the dimensions, placement, or
451 external appearance of the charging system; or
452 (ii) applicable building codes;
453 (d) impose a reasonable charge to cover costs associated with the review and
454 permitting of a charging station; or
455 (e) impose a reasonable restriction on the installation and use of a charging station that
456 does not significantly:
457 (i) increase the cost of the charging station; or
458 (ii) decrease the efficiency or performance of the charging station.
459 (3) A lot owner who installs a charging system shall:
460 (a) pay the costs associated with installation and use of the charging station, including
461 the cost of:
462 (i) electricity associated with the charging station; and
463 (ii) damage to a general common area, a limited common area, or an area subject to the
464 exclusive use of another lot owner that results from the installation, use, maintenance, repair,
465 removal, or replacement of the charging station; and
466 (b) disclose to a prospective buyer of the lot:
467 (i) the existence of the charging station; and
468 (ii) the lot owner's related responsibilities under this section.
469 (4) Unless the lot owner and the association or the declarant otherwise agree:
470 (a) a charging station installed under this section is the personal property of the lot
471 owner of the lot with which the charging station is associated; and
472 (b) a lot owner who installs a charging station shall, before transferring ownership of
473 the owner's lot, unless the prospective buyer of the lot accepts ownership and all rights and
474 responsibilities that apply to the charging station under this section:
475 (i) remove the charging station; and
476 (ii) restore the premises to the condition before installation of the charging station.