Community Association Act
Utah Code Title 57, Chapter 8a
Click here for the current Community Association Act.
The below is not updated with new changes to the law after 2018!
Historical Version of Section.
Effective May 12, 2015.
Superseded May 8, 2018.
57-8a-227. Records -- Availability for examination.
(1) (a) Subject to Subsection (1)(b), an association shall
keep and make documents available to lot owners in accordance with Sections 16-6a-1601 through 1603, 16-6a-1605, 16-6a-1606, and 16-6a-1610, regardless of
whether the association is incorporated under Title 16, Chapter 6a, Utah
Revised Nonprofit Corporation Act.
(b) An association may redact the following information
from any document the association produces for inspection or copying:
(i)
a Social Security number;
(ii)
a bank account number; or
(iii)
any communication subject to attorney-client privilege.
(2) (a) In addition
to the requirements described in Subsection (1), an association shall make
documents available to lot owners in accordance with the association's
governing documents.
(b) If a provision of an
association's governing documents conflicts with a provision of this section,
the provision of this section governs.
(3) In a request to inspect or copy documents, a lot owner
may:
(a) elect whether to inspect or copy
the documents;
(b) if the lot owner elects to copy
the documents, request hard copies or electronic scans of the documents; or
(c) subject to Subsection (4), request that:
(i)
the association make the copies or electronic scans of the requested documents;
(ii)
a recognized third party duplicating service make the copies or electronic
scans of the requested documents; or
(iii)
the lot owner be allowed to bring any necessary imaging equipment to the place
of inspection and make copies or electronic scans of the documents while
inspecting the documents.
(4) (a) An association shall comply with a request described
in Subsection (3).
(b) If an association produces the
copies or electronic scans:
(i)
the copies or electronic scans shall be legible and accurate; and
(ii)
the lot owner shall pay the association the reasonable cost of the copies or electronic
scans, which may not exceed:
(A)
the actual cost that the association paid to a recognized third party
duplicating service to make the copies or electronic scans; or
(B)
if an employee, manager, or other agent of the association makes the copies or electronic
scans, 10 cents per page and $15 per hour for the employee's, manager's, or
other agent's time making the copies or electronic scans.
(c) If a lot owner requests a recognized
third party duplicating service make the copies or electronic scans:
(i)
the association shall arrange for the delivery and pick up of the original
documents; and
(ii)
the lot owner shall pay the duplicating service directly.
(d) If a lot owner requests to bring
imaging equipment to the inspection, the association shall provide the
necessary space, light, and power for the imaging equipment.
(5) If, in response to a lot owner's request to inspect or
copy documents, an association fails to comply with a provision of this
section, the association shall pay:
(a) the reasonable costs of
inspecting and copying the requested documents; and
(b) reasonable attorney fees and
costs incurred by the lot owner in obtaining the inspection and copies of the
requested documents.
(6) (a) In addition to any remedy in the association's
governing documents or otherwise provided by law, a lot owner may file an
action in court under this section if:
(i) an association fails to
make documents available to the lot owner in accordance with this section, the
association's governing documents, or as otherwise provided by law; and
(ii)
the association fails to timely comply with a notice described in Subsection
(6)(d).
(b) In an action described in Subsection (6)(a):
(i)
the lot owner may request:
(A) injunctive
relief requiring the association to comply with the provisions of this section;
(B)
$500 or actual damage, whichever is greater; or
(C)
any other relief provided by law; and
(ii)
the court shall award costs and reasonable attorney fees to the prevailing
party, including any reasonable attorney fees incurred before the action was
filed that relate to the request that is the subject of the action.
(c) (i) In an action described in Subsection (6)(a), upon motion by the
lot owner, notice to the association, and a hearing in which the court finds a
likelihood that the association failed to comply with a provision of this
section, the court shall order the association to immediately comply with the
provision.
(ii)
The court shall hold a hearing described in Subsection (6)(c)(i) within 30 days
after the day on which the lot owner files the motion.
(d) At least 10 days before the day
on which a lot owner files an action described in Subsection (6)(a), the lot
owner shall deliver a written notice to the association that states:
(i)
the lot owner's name, address, telephone number, and email address;
(ii)
each requirement of this section with which the association has failed to
comply;
(iii)
a demand that the association comply with each requirement with which the association
has failed to comply; and
(iv)
a date by which the association shall remedy the association's noncompliance
that is at least 10 days after the day on which the lot owner delivers the
notice to the association.
(7) (a) The provisions of Section 16-6a-1604 do not apply to
an association.
(b) The provisions of this section
apply regardless of any conflicting provision in Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
(8) A lot owner's agent may, on the lot owner's behalf, exercise
or assert any right that the lot owner has under this section.
Enacted 2015, ch. 325, eff. May 12, 2015.