All Roll Calls
Yes: 124 • No: 17
UtahS.B. 2012025 General SessionSenateWALLET
Real Estate Amendments
Sponsored By: Wayne A. Harper (Republican)
Signed by Governor
BusinessCommunity/Condominium Associations (HOAs)Real Property
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 3 benefits, 1 costs, 5 mixed.
Homeowners Can Enforce Required Landscaping Rules
Beginning May 7, 2025, lot owners can sue associations that fail to adopt required water-wise landscaping rules and leave the failure uncorrected. Owners must give written notice at least 90 days before filing. The notice must identify missing requirements, demand compliance, and set a correction deadline at least 90 days after delivery. Owners can seek a court order, the greater of $500 or actual damages, other legal remedies, and reasonable costs and attorney fees.
Rental Fees Face Caps and Notice
Associations can charge up to $200 yearly per rental home for rental administration when at least 35% of homes are rentals. Before imposing the fee, they must give affected owners 15 days' meeting notice, allow discussion and public comment, and obtain majority approval. Homeowners associations must also follow this process before raising the fee. Within 30 days after imposing it, associations must explain the supporting expenses and circumstances to affected owners. Owners can obtain a mandatory waiver by making a written request or contest when required notice is missing, late, or incomplete.
Rental Owners Can Name Association Contacts
Rental-home owners can name another person as their main association contact by giving written notice. This applies to homeowners and condominium associations. The association may communicate with that person as though they were the owner. It must confirm in writing that its records list the contact.
Rental Owners Get Exemptions and Protections
Homeowners and condominium associations must exempt listed owners and homes from rental limits and covered rental fees. Exemptions cover military deployment, occupancy by an owner's parent, child, or sibling, and employer relocation lasting two years or less. Entity-owned homes qualify when the resident has voting rights and at least 25% of ownership, control, and profits and losses. Estate-planning trusts or entities qualify when they concern the current resident or that resident's parent, child, or sibling. Some exemption requirements do not apply to restrictions adopted before May 9, 2017; unanimous owner approval also allows restrictions without required exemptions. Owners renting before a restriction was recorded can keep renting without the covered fee until specified occupancy or transfer occurs. Occupancy by the owner or a specified owner, officer, or trustee of the owning entity ends that protection. Transfers include a sale, conveyance, life estate, or sale or transfer of more than 75% of entity ownership within 12 months. Associations must track rentals and consistently apply restrictions and fees.
Short-Term Condo Rentals Face Guest Limits
Condominium associations can limit how many guests use common areas and facilities when a unit is rented for under 30 days. Any limit must be reasonable. These limits affect guests of both owners and tenants.
Associations Can Set Minimum Rental Terms
Homeowners and condominium associations can set minimum lease terms by rule. The minimum they set cannot exceed six months. Owners and renters must follow the association's minimum, but this rulemaking power has a six-month ceiling.
Common-Area Sales Can End Owners' Access
Beginning May 7, 2025, authorized association representatives can sign documents for owners to complete approved common-area sales or transfers. Condominium transactions require approval from at least 67% of unit owners for this signing authority. In homeowners associations, the authority requires at least 67% of voting interests and governing documents that do not prohibit it. After a transfer meets association and land-use requirements, general access and use rights end when someone other than the association owns the property. Those rights also end when an individual unit or lot owner buys it.
Condo Owners Must Seek Repairs First
Beginning May 7, 2025, condo owners must notify developers in writing before suing them over defective design or construction. The notice must describe the defect and request necessary repairs. Developers must make all reasonable requested repairs; owners can sue if repairs remain incomplete nine months after notice. Claims can cover resulting personal injuries or damage to other property, but not merely lost value caused by the defect. Claims generally require a direct contractual relationship with responsible parties, subject to exceptions; owners can assign claim rights to others.
Homeowners Gain Water-Wise Landscaping Options
Beginning May 7, 2025, homeowners associations cannot ban water-wise landscaping on detached-home lots. They cannot require turf in areas under 8 feet wide unless reasonably needed for erosion control. Associations also cannot block conversion of grass park strips under 8 feet wide to water-efficient landscaping, except for erosion control. Where owners maintain landscaping, associations must adopt rules covering low-water lawns during drought, design, and specified plant-material limits. Associations can still review plans and require healthy plants and water-wise designs.
Sponsors & Cosponsors
Sponsor
Wayne A. Harper
Republican • Senate
Cosponsors
A. Cory Maloy
Republican • House
Roll Call Votes
House vote • 3/6/2025
House/ passed 3rd reading
Yes: 54 • No: 17
House vote • 2/26/2025
House Comm - Favorable Recommendation
Yes: 7 • No: 0
Senate vote • 2/18/2025
Senate/ passed 3rd reading
Yes: 27 • No: 0
Senate vote • 2/14/2025
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/14/2025
Senate/ passed 2nd reading
Yes: 26 • No: 0
Senate vote • 2/14/2025
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 2/11/2025
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/4/2025
Senate Comm - Favorable Recommendation
Yes: 5 • No: 0
Senate vote • 2/4/2025
Senate Comm - Amendment Recommendation
Yes: 5 • No: 0
Senate vote • Unknown
Senate/ circled
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ substituted
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ uncircled
Yes: 0 • No: 0
Actions Timeline
Governor Signed
3/26/2025Senate/ to Governor
3/13/2025SenateSenate/ received enrolled bill from Printing
3/13/2025SenateSenate/ enrolled bill to Printing
3/7/2025SenateEnrolled Bill Returned to House or Senate
3/7/2025Draft of Enrolled Bill Prepared
3/7/2025Bill Received from Senate for Enrolling
3/7/2025Senate/ signed by President/ sent for enrolling
3/6/2025SenateSenate/ received from House
3/6/2025SenateHouse/ to Senate
3/6/2025HouseHouse/ signed by Speaker/ returned to Senate
3/6/2025HouseHouse/ passed 3rd reading
3/6/2025HouseHouse/ 3rd reading
3/6/2025HouseHouse/ 2nd reading
2/27/2025HouseHouse/ committee report favorable
2/27/2025HouseHouse Comm - Favorable Recommendation
2/26/2025HouseHouse/ to standing committee
2/21/2025HouseHouse/ 1st reading (Introduced)
2/18/2025HouseHouse/ received from Senate
2/18/2025HouseSenate/ to House
2/18/2025SenateSenate/ passed 3rd reading
2/18/2025SenateSenate/ 3rd reading
2/18/2025SenateSenate/ passed 2nd reading
2/14/2025SenateSenate/ substituted
2/14/2025SenateSenate/ uncircled
2/14/2025Senate
Bill Text
Enrolled
3/7/2025
Substitute #1
2/6/2025
Amended 2/5/2025 09:02:970
2/5/2025
Introduced
1/30/2025