All Roll Calls
Yes: 178 • No: 2
UtahS.B. 1222026 General SessionSenateWALLET
HOA Amendments
Sponsored By: Wayne A. Harper (Republican)
Signed by Governor
BusinessDepartment of CommerceCommunity/Condominium Associations (HOAs)Motor VehiclesReal Property
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
19 provisions identified: 14 benefits, 0 costs, 5 mixed.
Winning homeowners can seek court penalties
A party favored by an ombudsman opinion can seek a civil penalty after winning in court on the same issue. The court may award up to $5,000 if the opposing party knowingly and intentionally violated the applicable law. This replaces the former $250-per-day penalty rule.
Condo owners gain more everyday freedoms
Condo associations cannot ban cameras immediately beside entry points or windows, lawful indoor activities, unit transfers, or concealing legally stored items. They cannot reject workers solely for missing preferred-list status or a license that the law does not require. Operable driveway vehicles are protected where parking is legal; exclusions include commercial vehicles, motor homes, trailers, off-highway vehicles, special mobile equipment, and motorboats. Associations cannot block public-street use or properly maintained basketball hoops on privately owned and maintained property beside a public street. Religious and holiday exterior displays are protected unless the association owns the exterior or must maintain, repair, or replace it. Radon changes remain subject to local codes, and interior limits may protect neighboring units and occupants.
Condo owners get clearer property shares
Exterior features outside a unit's boundaries and serving only that unit are common property reserved for that unit's exclusive use. Examples include shutters, awnings, porches, balconies, and patios, even when the declaration does not identify them that way. Declarations must assign substantially identical units the same par value, the value used to determine their association shares. Different views, heights, or amenities do not necessarily make units substantially different. Stated dollar values, appraisals, and later sale prices cannot change ownership, voting, expense, or common-profit shares.
Home sellers gain transfer fee protections
Association transfer setup fees imposed on or after May 7, 2025, are unenforceable unless used only for transfer-related expenses. This protects both buyers and sellers charged by an association or someone acting for it. A homeowners association declaration or amendment cannot ban a lot transfer or require association or management-committee approval.
Homeowners can combine available legal remedies
People and organizations seeking relief can use more than one available legal remedy. Using a remedy under the Community Association Act does not rule out remedies under other laws or equity. Equity means relief based on court-applied fairness principles.
Homeowners can display signs and flags
Condo and homeowners association declarations cannot ban for-sale signs, political signs, or flags in owners' windows. Restrictions on political-sign and flag content may address obscene, profane, or commercial content. Lot owners also have protection for religious and holiday displays, subject to reasonable size, time, place, and manner rules. Associations may restrict those exterior displays when they own the exterior or must maintain, repair, or replace it.
Homeowners can make radon safety changes
Homeowners association declarations cannot prohibit lot owners from making radon-mitigation changes that meet industry standards. Associations may restrict changes that violate local land-use, building, health, or fire rules.
Homeowners gain control inside their homes
Homeowners association declarations cannot block legal items kept out of sight or reasonable lot activities that follow local laws, including nuisance laws. They cannot reject contractors solely for preferred-list status or lacking a license the law does not require. Interior restrictions are allowed only when reasonably necessary for neighboring lots' and occupants' safety. Declarations generally cannot change the covered statutory requirements; the exception is the requirement in Section 57-8a-218(1)(b)(ii).
Homeowners gain parking and outdoor choices
Homeowners associations cannot block operable driveway vehicles where parking is legal or lawful operation of noncommercial vehicles. Parking exclusions cover commercial vehicles, motor homes, recreational vehicle trailers, other trailers, off-highway vehicles, special mobile equipment, and motorboats. Associations may require garage parking first and lower speed limits on private roads. Lot owners can install personal cameras immediately beside entryways, windows, or other outside entry points. Properly maintained basketball hoops are protected on privately owned and maintained driveways or property that abut a public street.
Homeowners gain water-saving landscaping choices
Condo and homeowners association declarations cannot prohibit low water use on lawns during drought conditions. Associations generally cannot block replacing grass in park strips less than eight feet wide with water-efficient landscaping. They may restrict that conversion when reasonably necessary to prevent erosion.
Homeowners get faster access to records
Condo and homeowners associations must fulfill covered records requests within 10 business days. For specified governing, meeting, and financial records, late associations owe owners $25 per day starting on the 11th business day. Condo associations must also cover applicable reasonable inspection, copying, and legal costs. Required homeowners association records and funds in the specified association account belong to the association. Outside record holders must provide covered records to the association on request, without charge.
Owners get clearer association law coverage
An association follows condominium law when its declaration says so, or when a silent declaration accompanies designated condominium plats. The Community Association Act applies when the declaration selects it. It also applies when the declaration selects neither chapter and the plats are not designated as condominium plats. These rules apply regardless of when the association was created. The broader definition of condominium unit includes physical units or time-period units, along with their shares of common areas.
Owners review budgets and fee schedules
Condo management must adopt a budget at least annually and present it at a members' meeting. Owners can reject it within 45 days, with at least 51% of all voting interests voting against it. That vote must occur at a special meeting called under the association's governing documents. Condo and homeowners associations keep the last adopted budget when no new budget is adopted or members properly reject one. Before charging covered rule-based fees, condo associations must adopt a fee schedule and give every owner a copy.
Condo associations can recover records free
Covered condominium records and documents belong to the association, along with funds in the account specified by law. Anyone holding a covered record must give it to the association without charge when the association asks.
Developer control brings duties for owners
During initial condo control, a declaration can let the developer or its chosen manager appoint or remove officers and committee members. It can also let them exercise association powers, and the developer may appoint its own workers. The developer must care for shared areas, maintain sound finances through assessments and reserves, and enforce the declaration. It must disclose service subsidies, important property and financial information, and specified interests held by it or its affiliates. The legal definition of developer also covers successors, assigns, affiliates, and related business entities.
Homeowners get a limited dispute service
Utah's homeowners association ombudsman issues opinions about alleged state-law violations, not the meaning or fairness of association documents. The office may require association dispute steps first, but associations cannot require binding arbitration before an opinion request. Written requests cost $150, are nonrefundable, and may qualify for a partial waiver based on inability to pay. The former fee-sharing rule for successful requesters no longer applies. Office attorneys do not become an owner's or association's lawyer through their work.
Public association guidance and request requirements
Utah's homeowners' association ombudsman must publish each advisory opinion it issues about alleged state-law violations. Its website must provide relevant laws, common questions and answers, and materials about association law, formation, and dissolution. The office must direct callers to these resources. People requesting an opinion must describe the alleged act and explain how it affected them.
Rental owners get protections and limits
Lot owners renting before an association rental restriction takes effect can continue renting without the specified rental fee. Protection ends upon transfer or occupancy by the owner or someone owning or controlling an entity or trust holding a lot interest. For condo rentals shorter than 30 days, associations can reasonably limit guests using common areas and facilities. A declaration or amendment cannot change that guest-limit rule.
Shared land protections have condemnation exceptions
During initial control, developers generally cannot sell or place legal claims on common areas, except for specified statutory transactions. They may sell or encumber shared property threatened with condemnation when the transaction is with the condemning party. An authorized association representative can also convey threatened shared property without owner approval. Authorization comes from a board vote, which may precede or follow the threat. If the association is defunct or unable to act through a board, its governing documents can authorize the representative.
Sponsors & Cosponsors
Sponsor
Wayne A. Harper
Republican • Senate
Cosponsors
A. Cory Maloy
Republican • House
Roll Call Votes
Senate vote • 3/6/2026
Senate/ concurs with House amendment
Yes: 27 • No: 0
House vote • 3/5/2026
House/ uncircled
Yes: 0 • No: 0
House vote • 3/5/2026
House/ passed 3rd reading
Yes: 67 • No: 0
House vote • 2/26/2026
House/ circled
Yes: 0 • No: 0
House vote • 2/26/2026
House/ substituted
Yes: 0 • No: 0
House vote • 2/19/2026
House Comm - Amendment Recommendation
Yes: 11 • No: 0
House vote • 2/19/2026
House Comm - Favorable Recommendation
Yes: 10 • No: 1
House vote • 2/19/2026
House Comm - Substitute Recommendation
Yes: 9 • No: 1
Senate vote • 2/5/2026
Senate/ passed 3rd reading
Yes: 25 • No: 0
Senate vote • 2/4/2026
Senate/ passed 2nd reading
Yes: 25 • No: 0
Senate vote • 1/23/2026
Senate Comm - Favorable Recommendation
Yes: 4 • No: 0
Actions Timeline
Governor Signed
3/17/2026Senate/ to Governor
3/13/2026SenateSenate/ received enrolled bill from Printing
3/13/2026SenateSenate/ enrolled bill to Printing
3/12/2026SenateEnrolled Bill Returned to House or Senate
3/12/2026Draft of Enrolled Bill Prepared
3/10/2026Bill Received from Senate for Enrolling
3/10/2026Senate/ signed by President/ sent for enrolling
3/6/2026SenateSenate/ received from House
3/6/2026SenateHouse/ to Senate
3/6/2026HouseHouse/ signed by Speaker/ returned to Senate
3/6/2026HouseHouse/ received from Senate
3/6/2026HouseSenate/ to House
3/6/2026SenateSenate/ concurs with House amendment
3/6/2026SenateSenate/ placed on Concurrence Calendar
3/6/2026SenateSenate/ received from House
3/6/2026SenateHouse/ to Senate
3/5/2026HouseHouse/ passed 3rd reading
3/5/2026HouseHouse/ uncircled
3/5/2026HouseHouse/ circled
2/26/2026HouseHouse/ substituted
2/26/2026HouseHouse/ 3rd reading
2/26/2026HouseHouse/ 2nd reading
2/24/2026HouseHouse/ Rules to 3rd Reading Calendar
2/24/2026HouseHouse/ return to Rules due to fiscal impact
2/20/2026House
Bill Text
Enrolled
3/12/2026
Substitute #3
2/25/2026
Amended 2/20/2026 09:02:768
2/20/2026
Substitute #2
2/18/2026
Substitute #1
2/17/2026
Introduced
1/12/2026