Community Association Act
Utah Code Title 57, Chapter 8a
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The below is not updated with new changes to the law after 2018!
57-8a-216. Association bylaws -- Recording required -- Bylaw requirements.
(1) (a) No later than the date of the first lot sale, an
association shall file its bylaws for recording in the office of the recorder
of each county in which any part of the real estate included within the
association is located.
(b) If an association fails to file bylaws for
recording within the time specified in Subsection (1)(a), the board may file
the bylaws for recording as provided in Subsection (1)(a).
(2) Unless otherwise provided in the declaration, an
association's bylaws shall state:
(a) the number of board members;
(b) the title of each of the association's officers;
(c) the manner and method of officer election by the
board or, if the declaration requires, by the lot owners;
(d) (i) the board member's and officer's:
(A)
qualifications;
(B)
powers and duties; and
(C)
terms of office;
(ii) the
method for removing a board member or officer; and
(iii) the
method for filling a board member or officer vacancy;
(e) the powers that the board or officers may delegate
to other persons or to a managing agent;
(f) the officers who may prepare, execute, certify,
and record amendments to the declaration on behalf of the association;
(g) a method for the board or lot owners to amend the
bylaws, consistent with Section 16-6a-1010;
and
(h) subject to the provisions of the declaration and
unless the declaration or this chapter requires that a provision appear in a
declaration, any other matter that is necessary or appropriate for conducting
the affairs of the association, including:
(i)
meetings;
(ii)
voting requirements; and
(iii)
quorum requirements.
(3) An association shall file any amended bylaws for
recording in the same manner as the association is required to file the initial
bylaws for recording under Subsection (1).
Enacted 2011, ch. 355, eff. May 10, 2011