Many changes were enacted to the laws that govern HOAs in Utah in 2011. We tested your knowledge a year ago soon after the changes went into effect. How is your knowledge of these changes over a year later? Take this short quiz and find out (answers at very bottom).
1. (First, a warm up question unrelated to the new laws) All homeowners associations in Utah are bound by the Utah Condominium Ownership Act.
True
False
2. In a condominium association, the management committee is required by law to keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses and any other expenses incurred, and is required to make those records available for examination by any unit owner at convenient hours of weekdays no later than _____ days after the unit owner makes a written request to examine the records:
0, they must be available upon request
5
14
30
3. In a community association (non-condo HOA), a rule ______ regulate the content of political signs and a rule ________ regulate the time, place, and manner of posting a political sign.
may not . . . may not
may not . . . may
may . . . may not
may . . . may
4. A rule may not be inconsistent with:
the declaration (CC&Rs)
the bylaws
the articles of incorporation
all of the above
none of the above, a rule supersedes each of the above
5. In a community association (non-condo HOA), before adopting, modifying, or creating exceptions to the rules and design criteria of the association, the board must:
A. at least 15 days before the board will meet to consider a change to a rule or design criterion, deliver notice to lot owners that the board is considering a change to a rule or design criterion
B. provide an open forum at the board meeting giving lot owners an opportunity to be heard at a board meeting
C. deliver a copy of the change in the rules or design criteria approved by the board to the lot owners within 15 days of adoption.
D. all of the above
E. A and C but not B
6. If provided in the declaration, articles, bylaws, or rules, an association may provide notice to its members by electronic means, including text message, email, or the association’s website.
True
False
True, except as to a member who has made written demand to the association to provide notice to the member by mail.
False, except as to members who have consented in writing beforehand.
Don’t look below until you’ve finished! Warning – answers below!
Now grade yourself. Here are the answers:
1. False, only condominiums are governed by the Utah Condominium Ownership Act.
2. 14 days
3. may not . . . may.
4. D. all of the above
5. all of the above
6. True, except as to a member who has made written demand to the association to provide notice to the member by mail
This entry was posted on Thursday, August 16th, 2012 at 8:38 am and is filed under New HOA Laws. You can follow any responses to this entry through the RSS 2.0 feed.
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HOA Resources and Annotated Laws Now Available at CounselOurHOA.com!
Have you ever just wanted a simple explanation of how your HOA can comply with the law?
CounselOurHOA.com has an index of topics with key concepts explained. For example, the index topic "annual obligations of an HOA" explains, well, the annual obligations of an HOA. The topic "action (voting) without a meeting" explains how to properly take a vote without a meeting.
All HOAs should have board resolutions in place that contain the procedures required by law for certain issues, including open board meetings, reserve studies and reserve funds, records retention and examination, and so forth. Get the 6 resolutions every HOA should have, as well as 4 other key templates, all updated as the laws change yearly so your HOA can always be in compliance, as part of your subscription at CounselOurHOA.com.
