Pop Quiz on New Utah HOA Laws

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

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

Thanks for playing!

Utah HOA Law Blog