Utah HOA & Condominium Law
16 active Utah statutes govern homeowners associations and condominiums in the state. The corpus encodes 59 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Estoppel Disclosure Workflow
13 standard items
UT
CommunityPay has not verified a state-specific statutory resale certificate regime in Utah. Disclosure follows a non-statutory estoppel workflow. The 13 items below reflect standard title company and lender expectations, not legal requirements specific to any particular association.
- Current periodic assessment amount and any unpaid or delinquent assessments
- Pending or approved special assessments
- Reserve fund balance and designated projects
- Most recent balance sheet and income/expense statement
- Current operating budget
- Insurance coverage provided for the benefit of owners
- Pending lawsuits, unsatisfied judgments, or threatened litigation
- Board composition, meeting frequency, and governance status
- Declaration, bylaws, and rules and regulations
- Capital expenditures approved or anticipated for current and next two fiscal years
- Transfer fees, move-in/move-out fees, or other charges upon sale
- Known violations of the governing documents or applicable codes
- Right of first refusal or other restraints on transfer
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
Under Utah Code §57-8a-106, Utah caps the preparation fee at $50 by statute. With CommunityPay, the board issues the certificate directly from live ledger data — the board controls pricing within the statutory cap. Residents typically save $200+ per closing.
What Utah Law Requires
Governance (19)
- Separate statute governing condominiums in Utah. Utah Code §57-8-1
- Parallel to but distinct from the Community Association Act (§57-8a) for HOAs. Utah Code §57-8-1
- Approximately 60 sections covering creation, declaration, management, assessments, liens, insurance, meetings, and developer control. Utah Code §57-8-1
- Declaration recording constitutes notice and perfection. Utah Code §57-8-44
- The Utah Community Association Act governs all HOAs and community associations that are not condominiums. Utah Code §57-8a-101
- Organized in 8 parts covering general provisions, administration, assessments, insurance, board, consolidation, solar access, and EV charging. Utah Code §57-8a-101
- Applies to any corporation or legal entity whose members are residential lot owners obligated to pay assessments. Utah Code §57-8a-101
- Board must provide a reasonable opportunity for owner comments at each meeting. Utah Code §57-8a-226
- At least forty-eight hours before the meeting Utah Code §57-8a-226
- Closed sessions permitted for attorney consultations, litigation, personnel matters, and contract negotiations. Utah Code §57-8a-226
- Board meetings must be open to lot owners and their designated representatives. Utah Code §57-8a-226
- Requires 48 hours written notice (email) before board meetings to each lot owner who requests notice, unless previously included in a published schedule. Utah Code §57-8a-226
- After control ends, the association may sue the declarant only with approval of owners of 51% of interests present and greater than 75% of those voting. Utah Code §57-8a-229
- During declarant control, the developer must use reasonable care in managing common areas, establish sound fiscal basis, disclose subsidized services, maintain records, and comply with the declaration. Utah Code §57-8a-229
- Recording the declaration constitutes notice and perfection. Utah Code §57-8a-301
- Owner can demand judicial foreclosure by mailing certified written demand within 15 days of receiving the association's notice. Utah Code §57-8a-303
- Notice must inform the lot owner of the right to demand judicial foreclosure. Utah Code §57-8a-303
- Declarant control terminates at the first to occur of: 60 days after 75% of lots are conveyed to non-declarant owners, 7 years after all declarants cease offering lots for sale, or declarant voluntary surrender by recorded instrument. Utah Code §57-8a-502
- Upon termination, lot owners elect a board of at least 3 members (odd number), majority must be lot owners. Utah Code §57-8a-502
Financial (4)
- No fee in excess of fifty dollars Utah Code §57-8a-106
- Fee cannot be required before closing. Utah Code §57-8a-106
- Must include component list, remaining useful life, cost estimates, annual contribution estimate, and funding plan. Utah Code §57-8a-211
- Rules may impose restrictions (not prohibitions) if the restriction decreases production by 5% or less and increases installation cost by 5% or less. Utah Code §57-8a-701
Assessment (7)
- Same priority structure as the HOA act — no super-priority over first mortgages. Utah Code §57-8-44
- Establishes a lien on each condominium unit for unpaid assessments, collection costs, fees, and fines. Utah Code §57-8-44
- 10% default interest rate. Utah Code §57-8-44
- Default interest rate is 10% per annum. Utah Code §57-8a-301
- Association holds a lien on each lot for unpaid assessments, collection costs, attorney fees, late charges, interest, and fines. Utah Code §57-8a-301
- No super-priority over first mortgages. Utah Code §57-8a-301
- UT Judicial Foreclosure Required Utah Code §57-8a-301
Reserves (8)
- Parallel reserve study mandate for condominiums. Utah Code §57-8-7.5
- Reserve funds must be segregated from operating funds. Utah Code §57-8-7.5
- Same requirements as the HOA act: full analysis every 6 years, review and update every 3 years. Utah Code §57-8-7.5
- This is a minimal pre-sale disclosure — no financial status, reserves, or budget are required. Utah Code §57-8a-105.1
- Reserve funds must be segregated from operating funds. Utah Code §57-8a-211
- Mandates a full reserve analysis at least every 6 years and a review and update at least every 3 years. Utah Code §57-8a-211
- Covers common area components with useful life of 3+ years and remaining life under 30 years. Utah Code §57-8a-211
- At least every six years Utah Code §57-8a-211 (2)
Disclosure (5)
- Before closing, the seller must provide the buyer a copy of the recorded governing documents and a link to the Department of Commerce educational materials regarding association owner rights and responsibilities. Utah Code §57-8a-105.1
- Caps the fee for providing payoff information at closing at $50. Utah Code §57-8a-106
- Within five business days after receipt of the request Utah Code §57-8a-106
- Association must provide within 5 business days of a closing agent's request. Utah Code §57-8a-106
- Must disclose and potentially remove on sale. Utah Code §57-8a-802
Enforcement (3)
- If the association fails to provide within 5 business days, it cannot enforce a lien for money due at closing. Utah Code §57-8a-106
- If demanded, nonjudicial foreclosure is prohibited. Utah Code §57-8a-303
- Requires 30 calendar days notice before initiating nonjudicial foreclosure. Utah Code §57-8a-303
Compliance (13)
- Association rules may not prohibit a lot owner with a detached dwelling from installing solar. Utah Code §57-8a-701
- The declaration itself may prohibit solar, but if it does not, the association cannot amend to add a prohibition unless approved by greater than 67% of allocated voting interests. Utah Code §57-8a-701
- Associations may require application/approval process, licensed contractor, building code compliance, and reasonable design criteria. Utah Code §57-8a-802
- Associations may not ban EV charging installations in an owner's parking space or designated limited common area parking. Utah Code §57-8a-802
- Owner pays for installation, metering, electricity, and damage. Utah Code §57-8a-802
- Does not apply to fraudulent concealment or willful/intentional acts. Utah Code §78B-2-225
- Establishes a 6-year statute of limitations for contract/warranty claims from completion, and a 2-year statute of limitations for tort claims from discovery. Utah Code §78B-2-225
- Statute of repose is 9 years after completion or abandonment. Utah Code §78B-2-225
- If discovered in the 8th or 9th year, an additional 2 years is allowed. Utah Code §78B-2-225
- Claims limited to breach of contract; diminution in value alone is not actionable. Utah Code §78B-4-513
- Contract rights may be assigned to HOAs or subsequent owners. Utah Code §78B-4-513
- Developer has 9 months to complete reasonable repairs. Utah Code §78B-4-513
- Requires pre-litigation notice to developer describing defective construction and requesting repairs. Utah Code §78B-4-513
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
4
Foreclosure and Liens
4
Architectural Review
3
Construction Defect
2
Developer Transition
2
Elections and Voting
2
Enforcement and Fines
2
Governance Documents
2
Resale Disclosure
2
Reserve Requirements
2
Solar & Sustainability Rights
2
Collections & Delinquency
1
Fiduciary Duty
1
Meetings and Notice
1
Each chip links to the Utah statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
Condominium Ownership Act — Short Title
Separate statute governing condominiums in Utah. Approximately 60 sections covering creation, declaration, management, assessments, liens, insurance, meetings, and developer control. Parallel to but distinct from the Community Association Act (§57-8a) for HOAs.
Condominium Lien for Assessments
Establishes a lien on each condominium unit for unpaid assessments, collection costs, fees, and fines. Same priority structure as the HOA act — no super-priority over first mortgages. 10% default interest rate. Declaration recording constitutes notice and perfection.
Condominium Reserve Analysis and Reserve Fund
Parallel reserve study mandate for condominiums. Same requirements as the HOA act: full analysis every 6 years, review and update every 3 years. Reserve funds must be segregated from operating funds.
Community Association Act — Short Title and Applicability
The Utah Community Association Act governs all HOAs and community associations that are not condominiums. Applies to any corporation or legal entity whose members are residential lot owners obligated to pay assessments. Organized in 8 parts covering general provisions, administration, assessments, insurance, board, consolidation, solar access, and EV charging.
Information Required Before Sale to Third Party
Before closing, the seller must provide the buyer a copy of the recorded governing documents and a link to the Department of Commerce educational materials regarding association owner rights and responsibilities. This is a minimal pre-sale disclosure — no financial status, reserves, or budget are required.
Fee for Providing Payoff Information at Closing
Caps the fee for providing payoff information at closing at $50. Association must provide within 5 business days of a closing agent's request. If the association fails to provide within 5 business days, it cannot enforce a lien for money due at closing. Fee cannot be required before closing.
Reserve Analysis and Reserve Fund
Mandates a full reserve analysis at least every 6 years and a review and update at least every 3 years. Covers common area components with useful life of 3+ years and remaining life under 30 years. Must include component list, remaining useful life, cost estimates, annual contribution estimate, and funding plan. Reserve funds must be segregated from operating funds. Owners may veto the reserve fund line item within 45 days of budget adoption by 51% vote. Non-compliant associations face $500 or actual damages plus attorney fees after 90-day notice.
Board Meetings — Open Board Meetings
Requires 48 hours written notice (email) before board meetings to each lot owner who requests notice, unless previously included in a published schedule. Board meetings must be open to lot owners and their designated representatives. Closed sessions permitted for attorney consultations, litigation, personnel matters, and contract negotiations. Board must provide a reasonable opportunity for owner comments at each meeting.
Liability of Declarant or Board — Administrative Control
During declarant control, the developer must use reasonable care in managing common areas, establish sound fiscal basis, disclose subsidized services, maintain records, and comply with the declaration. After control ends, the association may sue the declarant only with approval of owners of 51% of interests present and greater than 75% of those voting.
Lien in Favor of Association for Assessments
Association holds a lien on each lot for unpaid assessments, collection costs, attorney fees, late charges, interest, and fines. Recording the declaration constitutes notice and perfection. No super-priority over first mortgages. Default interest rate is 10% per annum. Lien is not subject to the Utah Exemptions Act.
Nonjudicial Foreclosure — Owner Right to Demand Judicial
Requires 30 calendar days notice before initiating nonjudicial foreclosure. Notice must inform the lot owner of the right to demand judicial foreclosure. Owner can demand judicial foreclosure by mailing certified written demand within 15 days of receiving the association's notice. If demanded, nonjudicial foreclosure is prohibited.
Period of Administrative Control
Declarant control terminates at the first to occur of: 60 days after 75% of lots are conveyed to non-declarant owners, 7 years after all declarants cease offering lots for sale, or declarant voluntary surrender by recorded instrument. Upon termination, lot owners elect a board of at least 3 members (odd number), majority must be lot owners.
Solar Energy System — Prohibition or Restriction
Association rules may not prohibit a lot owner with a detached dwelling from installing solar. Rules may impose restrictions (not prohibitions) if the restriction decreases production by 5% or less and increases installation cost by 5% or less. The declaration itself may prohibit solar, but if it does not, the association cannot amend to add a prohibition unless approved by greater than 67% of allocated voting interests.
Electric Vehicle Charging Systems
Associations may not ban EV charging installations in an owner's parking space or designated limited common area parking. Associations may require application/approval process, licensed contractor, building code compliance, and reasonable design criteria. Owner pays for installation, metering, electricity, and damage. Must disclose and potentially remove on sale.
Statute of Limitations and Repose — Construction
Establishes a 6-year statute of limitations for contract/warranty claims from completion, and a 2-year statute of limitations for tort claims from discovery. Statute of repose is 9 years after completion or abandonment. If discovered in the 8th or 9th year, an additional 2 years is allowed. Does not apply to fraudulent concealment or willful/intentional acts.
Cause of Action for Defective Construction (Condominiums)
Requires pre-litigation notice to developer describing defective construction and requesting repairs. Developer has 9 months to complete reasonable repairs. Claims limited to breach of contract; diminution in value alone is not actionable. Contract rights may be assigned to HOAs or subsequent owners.
Source: Utah state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Pending & Recent Utah HOA Legislation
Last action: Mar 17, 2026
Last action: Mar 26, 2026
Last action: Mar 26, 2026
Last action: Mar 25, 2026
Last action: Mar 23, 2026
Last action: Mar 18, 2026
Last action: Mar 18, 2026
Last action: Mar 18, 2026
Last action: Mar 17, 2026
Last action: Mar 17, 2026
16 HOA-relevant bills tracked for Utah · refreshed May 2, 2026 · Source: LegiScan
Frequently Asked Questions — Utah HOA Law
How much can a Utah HOA charge for a resale certificate?
Under Utah Code §57-8a-106, a Utah homeowners association may charge no more than $50 for preparing a resale certificate (the disclosure packet required when a unit is sold). Charges in excess of the statutory cap are not collectible from the seller or buyer.
Source: Utah Code §57-8a-106
How long does a Utah HOA have to deliver a resale certificate?
Under Utah Code §57-8a-106, a Utah association must deliver the resale certificate within 5 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.
Source: Utah Code §57-8a-106
How much advance notice must a Utah HOA give for meetings?
Under Utah Code §57-8a-226, a Utah association must give unit owners at least 2 days advance notice of meetings. The notice must specify the date, time, place, and agenda items to be considered. Actions taken at a meeting that violates the notice requirement may be voidable on owner challenge.
Source: Utah Code §57-8a-226
How often must a Utah HOA conduct a reserve study?
Under Utah Code §57-8a-211, Utah associations are required to commission a reserve study at intervals of approximately 6 years to identify the remaining useful life and replacement cost of major common-element components and to recommend a reserve funding plan. The study supports the annual reserve disclosure to owners and the reserve summary required in the resale certificate.
Source: Utah Code §57-8a-211
Answers derived from the Utah legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
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Download the Utah HOA & Condo Compliance Checklist
One PDF — every active Utah statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Utah Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations