Certain Utah Laws Important to HOAs and Rentals
Click here for current Other Utah Laws Important to HOAs.
The below is not updated with new changes to the law after 2018!
2018 Versions of Certain Utah Laws:
- Defective Construction (claims limited to breach of contract (as opposed to tort claims); privity of contract required (i.e., must be a party to the contract to sue); does not preclude assigning contract rights to HOA)
- Flag, Display of (HOA may not prohibit display of 3'x5' flag in area of owner's exclusive control; applies to condos and rentals (community assn's see 57-8a-219))
- Interest on Contracts, Judgments (parties to a contract may agree upon any rate of interest; if no rate specified, interest is 10% per annum)
- Nuisance (defines when tobacco smoke that drifts into a residential unit constitutes a nuisance under Utah law)
- Service Contracts Act (requirements for a contract to be able to automatically renew (e.g., year after year) - applicable to many HOA contracts)
- Statutes, Construction of (rules for interpreting Utah statutes; definitions)
- Utah Towing Requirements (what signage is required and where; a tow truck operator may not tow without owner's knowledge at a multifamily dwelling of more than eight units without certain signage, unless reasonably apparent it is not open to parking, or is illegal parking)
- Transfer Fees, Reinvestment Fees (a notice must be recorded separate from the CC&Rs in order for an HOA to collect a fee due at, and because of, transfer of title of lot/unit)