# Utah S.B. 122: HOA Amendments

Utah S.B. 122, HOA Amendments, is a 2026 General Session Senate bill sponsored by Wayne A. Harper (Republican); status signed, last action 2026-03-17 (Governor Signed); PRIA reads it as touching household money (as of 2026-10-14).

- Canonical: https://policyrisk.com/state-bill/UT-SB122-2026GS
- As of: 2026-10-14
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Utah S.B. 122
- State: Utah
- Session: 2026 General Session
- Title: HOA Amendments
- Status: signed
- Chamber: Senate
- Introduced: 2026-01-12
- Last action: 2026-03-17, Governor Signed
- Sponsor: Wayne A. Harper (Republican)
- Cosponsors: 1
- Subjects: Business, Department of Commerce, Community/Condominium Associations (HOAs), Motor Vehicles, Real Property
- Touches household money: yes
- Roll calls: 11 (178 yes, 2 no in all)
- Economic provisions PRIA read: 19

## Summary

No summary available.

## Bill overview: provisions PRIA read

- Winning homeowners can seek court penalties: benefit, medium. 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: benefit, low. 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…
- Condo owners get clearer property shares: benefit, low. 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…
- Home sellers gain transfer fee protections: benefit, low. 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…
- Homeowners can combine available legal remedies: benefit, low. 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: benefit, low. 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…
- Homeowners can make radon safety changes: benefit, low. 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: benefit, low. 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 allow…
- Homeowners gain parking and outdoor choices: benefit, low. 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 motorbo…
- Homeowners gain water-saving landscaping choices: benefit, low. 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…
- Homeowners get faster access to records: benefit, low. 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,…
- Owners get clearer association law coverage: benefit, low. 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 desig…
- Owners review budgets and fee schedules: benefit, low. 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 home…
- Condo associations can recover records free: benefit, low. 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: mixed, low. 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 finance…
- Homeowners get a limited dispute service: mixed, low. 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 c…
- Public association guidance and request requirements: mixed, low. 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 re…
- Rental owners get protections and limits: mixed, low. 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,…
- Shared land protections have condemnation exceptions: mixed, low. 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 representa…

## Sponsors and cosponsors

- Sponsor: Wayne A. Harper (Republican), Senate
- Cosponsor: A. Cory Maloy (Republican), House

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-03-06 | Senate | Senate/ concurs with House amendment | pass | 27 | 0 |   |
| 2026-03-05 | House | House/ uncircled | fail | 0 | 0 |   |
| 2026-03-05 | House | House/ passed 3rd reading | pass | 67 | 0 |   |
| 2026-02-26 | House | House/ circled | fail | 0 | 0 |   |
| 2026-02-26 | House | House/ substituted | fail | 0 | 0 |   |
| 2026-02-19 | House | House Comm - Amendment Recommendation | pass | 11 | 0 |   |
| 2026-02-19 | House | House Comm - Favorable Recommendation | pass | 10 | 1 |   |
| 2026-02-19 | House | House Comm - Substitute Recommendation | pass | 9 | 1 |   |
| 2026-02-05 | Senate | Senate/ passed 3rd reading | pass | 25 | 0 |   |
| 2026-02-04 | Senate | Senate/ passed 2nd reading | pass | 25 | 0 |   |
| 2026-01-23 | Senate | Senate Comm - Favorable Recommendation | pass | 4 | 0 |   |

## Actions (45)

- 2026-03-17: Governor Signed
- 2026-03-13: Senate/ to Governor (Senate)
- 2026-03-13: Senate/ received enrolled bill from Printing (Senate)
- 2026-03-12: Senate/ enrolled bill to Printing (Senate)
- 2026-03-12: Enrolled Bill Returned to House or Senate
- 2026-03-10: Draft of Enrolled Bill Prepared
- 2026-03-10: Bill Received from Senate for Enrolling
- 2026-03-06: Senate/ signed by President/ sent for enrolling (Senate)
- 2026-03-06: Senate/ received from House (Senate)
- 2026-03-06: House/ to Senate (House)
- 2026-03-06: House/ signed by Speaker/ returned to Senate (House)
- 2026-03-06: House/ received from Senate (House)
- 2026-03-06: Senate/ to House (Senate)
- 2026-03-06: Senate/ concurs with House amendment (Senate)
- 2026-03-06: Senate/ placed on Concurrence Calendar (Senate)
- 2026-03-06: Senate/ received from House (Senate)
- 2026-03-05: House/ to Senate (House)
- 2026-03-05: House/ passed 3rd reading (House)
- 2026-03-05: House/ uncircled (House)
- 2026-02-26: House/ circled (House)
- 2026-02-26: House/ substituted (House)
- 2026-02-26: House/ 3rd reading (House)
- 2026-02-24: House/ 2nd reading (House)
- 2026-02-24: House/ Rules to 3rd Reading Calendar (House)
- 2026-02-20: House/ return to Rules due to fiscal impact (House)
- 2026-02-20: House/ comm rpt/ substituted/ amended (House)
- 2026-02-19: House Comm - Favorable Recommendation
- 2026-02-19: House Comm - Amendment Recommendation
- 2026-02-19: House Comm - Substitute Recommendation
- 2026-02-10: House/ to standing committee (House)
- 2026-02-05: House/ 1st reading (Introduced) (House)
- 2026-02-05: House/ received from Senate (House)
- 2026-02-05: Senate/ to House (Senate)
- 2026-02-05: Senate/ passed 3rd reading (Senate)
- 2026-02-05: Senate/ 3rd reading (Senate)
- 2026-02-04: Senate/ passed 2nd reading (Senate)
- 2026-02-04: Senate/ 2nd reading (Senate)
- 2026-01-26: Senate/ placed on 2nd Reading Calendar (Senate)
- 2026-01-26: Senate/ committee report favorable (Senate)
- 2026-01-23: Senate Comm - Favorable Recommendation
- 2026-01-21: Senate/ to standing committee (Senate)
- 2026-01-20: Senate/ 1st reading (Introduced) (Senate)
- 2026-01-19: Senate/ received fiscal note from Fiscal Analyst (Senate)
- 2026-01-13: Senate/ received bill from Legislative Research (Senate)
- 2026-01-12: Numbered Bill Publicly Distributed

## Bill text

- Enrolled, 2026-03-12: [PDF](https://le.utah.gov/Session/2026/bills/enrolled/SB0122.pdf)
- Substitute #3, 2026-02-25: [PDF](https://le.utah.gov/Session/2026/bills/introduced/SB0122S03.pdf)
- Amended 2/20/2026 09:02:768, 2026-02-20: [PDF](https://le.utah.gov/Session/2026/bills/amended/AV_SB0122S02_2026-02-20_09-08-23.pdf)
- Substitute #2, 2026-02-18: [PDF](https://le.utah.gov/Session/2026/bills/introduced/SB0122S02.pdf)
- Substitute #1, 2026-02-17: [PDF](https://le.utah.gov/Session/2026/bills/introduced/SB0122S01.pdf)
- Introduced, 2026-01-12: [PDF](https://le.utah.gov/Session/2026/bills/introduced/SB0122.pdf)

## Related bills

- H.B. 94: Criminal Accounts Receivable Amendments (signed)
- H.B. 101: Firearm Background Check Amendments (signed)
- H.B. 178: School Zone Speeding Amendments (signed)
- H.B. 134: Offender Transfer Amendments (signed)
- H.B. 136: Unlicensed Driver Amendments (signed)
- H.B. 220: Public Safety Data Amendments (signed)

## Sources
- [Enrolled (PDF)](https://le.utah.gov/Session/2026/bills/enrolled/SB0122.pdf)
- [Substitute #3 (PDF)](https://le.utah.gov/Session/2026/bills/introduced/SB0122S03.pdf)
- [Amended 2/20/2026 09:02:768 (PDF)](https://le.utah.gov/Session/2026/bills/amended/AV_SB0122S02_2026-02-20_09-08-23.pdf)
- [Substitute #2 (PDF)](https://le.utah.gov/Session/2026/bills/introduced/SB0122S02.pdf)
- [Substitute #1 (PDF)](https://le.utah.gov/Session/2026/bills/introduced/SB0122S01.pdf)
- [Introduced (PDF)](https://le.utah.gov/Session/2026/bills/introduced/SB0122.pdf)

## Related
- [H.B. 94: Criminal Accounts Receivable Amendments](https://policyrisk.com/state-bill/UT-HB94-2026GS)
- [H.B. 101: Firearm Background Check Amendments](https://policyrisk.com/state-bill/UT-HB101-2026GS)
- [H.B. 178: School Zone Speeding Amendments](https://policyrisk.com/state-bill/UT-HB178-2026GS)
- [H.B. 134: Offender Transfer Amendments](https://policyrisk.com/state-bill/UT-HB134-2026GS)
- [H.B. 136: Unlicensed Driver Amendments](https://policyrisk.com/state-bill/UT-HB136-2026GS)
- [H.B. 220: Public Safety Data Amendments](https://policyrisk.com/state-bill/UT-HB220-2026GS)
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Source: PRIA, https://policyrisk.com/state-bill/UT-SB122-2026GS (as of 2026-10-14).
