Title 66, Property

The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no require…

The declarant or unit owner or owners, as applicable, shall promptly repair and restore, to a condition compatible with the remainder of the condominium, any portion of the condominium affected by the exercise of rights reserved or created by §§ 66-27-310 — 66-27-313, 66-27-315 a…

(a) If the declaration for a condominium provides that any of the powers described in § 66-27-402 are to be exercised by or may be delegated to a profit or nonprofit corporation, or unincorporated association, that exercises those or other powers on behalf of one (1) or more cond…

(a) A unit may be submitted to an additional declaration creating a new condominium if the submittal is permitted by the declaration creating the unit. (b) The submission of a unit to an additional declaration shall not be deemed a subdivision of a unit under § 66-27-313. (c) Upo…

(a) Any two (2) or more condominiums, by agreement of the unit owners as provided in subsection (b), may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium is, for all …

A unit owners' association must be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owne…

(a) Except as provided in subsection (b), and subject to the declaration, the association, even if unincorporated, or if incorporated or a limited liability company even if subsequently dissolved administratively, may:(1) Adopt and amend bylaws, and rules and regulations;(2) Adop…

(a) Except as provided in the declaration, the bylaws, in subsection (b), or other provisions of part 2, part 3, this part and part 5 of this chapter, the board of directors may act in all instances on behalf of the association. In the performance of their duties, the officers an…

(a) No special declarant right, created or reserved under part 2, part 3, this part and part 5 of this chapter may be transferred except by an instrument evidencing the transfer recorded in the register's office in every county in which any portion of the condominium is located. …

If entered into before the board of directors elected by the unit owners pursuant to § 66-27-403(e) takes office, any contract or lease between the association and a declarant or an affiliate of a declarant, unless the contract or lease exercises a development right or a special …

(a) The bylaws of the association must provide for:(1) The number of members of the board of directors and the titles of the officers of the association;(2) Election by the board of directors of a president, secretary, and any other officers of the association the bylaws specify;…

(a) Except to the extent provided by the declaration, subsection (b), or § 66-27-413(h), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of the unit owner's…

A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors or by unit owners having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes…

(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast twenty percent (20%) of the votes that may be cast for election of the board of directors are present in person or by proxy at the beginning of the m…

(a) If only one (1) of the multiple owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit. If more than one (1) of the multiple owners are present, the votes allocated to that unit may be cast only in acco…

Any action alleging a wrong done by the association must be brought against the association and not against any unit owner. A unit owner is not precluded from bringing an action contemplated by this section because the unit owner is a unit owner or a member or officer of the asso…

(a) Portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least eighty percent (80%) of the votes in the association, including, during any period of declarant control, eighty percent (80%) of the vot…

(a) Commencing no later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available:(1) Property insurance on the common elements insuring against risks of direct physical loss commonly ins…

(a) Until the board of directors makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the board of directors, assessments must be made at least annually, based on a budget adopted at least annually by the board of d…

(a) (1) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due, which lien may be foreclosed by judicial action.(2) Notwithstanding subdivision (a)(1), the declarati…

(a) The liability of a unit owner in an unincorporated association for a judgment against the association shall be limited to the percentage of the judgment equal to the undivided percentage ownership of the unit owner in the common elements. (b) If the association has granted a …

The association shall keep financial records sufficiently detailed to enable the association to comply with §§ 66-27-502 and 66-27-503. All financial and other records shall be made reasonably available for examination by any unit owner, the holder of any mortgage or deed of trus…

With respect to a third person dealing with the association in the association's capacity as a trustee, either under § 66-27-413 for insurance proceeds, or § 66-27-318 following termination, the existence of trust powers and their proper exercise by the association may be assumed…

(a) An association shall not prohibit, including through the association's declaration or rules and regulations, a unit owner from installing an electric vehicle charging station for the unit owner's personal use on property owned by the unit owner, including the owner's designat…

This part applies only to units restricted to residential purposes, unless expressly made applicable by the declaration.

(a) The association, upon request from a unit owner, a purchaser or any lender to either a unit owner or a purchaser, or their respective authorized agents, shall provide to the requesting party, within ten (10) business days following the date of the association's receipt of the…

(1) The information to be provided pursuant to § 66-27-502 shall include the following:(1) The name and principal address of the declarant, during the period of declarant control only, the association, and the condominium;(2) A copy of the recorded, or if not recorded then in sub…

(1) If the declarant prepared or caused to be prepared all or a part of the information required by this part, the declarant may be held liable for any materially false or misleading statement, or for any material omission of any required information, with respect to that portion…

(a) (1) If the association or declarant, as applicable, fails to provide the information required by § 66-27-503, within the time provided in this section, then the association or declarant, as applicable, shall be liable for and shall pay a fine or penalty of two hundred fifty d…

(a) As used in this section, “actual costs” includes expenditures for construction materials and labor, including demolition and site clearing costs, permit fees, impact fees, utility reservation fees, and architectural, engineering, and surveying fees that directly relate to the…

(a) A declarant of a condominium containing conversion buildings, who offers units in the condominium, shall give each of the residential tenants and any residential subtenant in possession of a portion of a conversion building notice of the conversion no later than sixty (60) da…

(1) As used in this part:(1) “Dedicatory instrument”:(A) Means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium, horizontal property regime, or any similar planned development; and(B) Includes…

(a) Except as provided in subsection (b), no homeowners' association shall adopt or enforce a dedicatory instrument provision that prohibits, or has the effect of prohibiting, a property owner from displaying the flag of the United States of America or an official or replica flag…

(a) A homeowners' association shall not prohibit, by covenant, condition, restriction, or rule, the use of any sign posted to warn the public of health, safety, or dangerous natural conditions associated with water on the property when:(1) The property owner has consulted with lo…

(1) As used in this part:(1) “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity, whether organized for-profit or not-for-profit;(2) “Declaration” means an instrument, however denominated…

(1) A homeowners' association shall, upon written request from a member, provide a record of the votes cast in a vote to amend a declaration that prohibits or effectively prohibits the use of residential property as long-term rental property. The record must include the following…

The owner of a property subject to a declaration that is amended to prohibit, or effectively prohibit, the use of single family residential real property as long-term rental property during the period of the owner's ownership of the property has a vested right to use the property…

(a) A business entity that owns residential property in this state that is subject to a declaration shall send to the homeowners' association for the property a written notice of the following:(1) A change in contact information for the business entity; or(2) A transfer of the ow…

Sections 66-27-702, 66-27-703, and 66-27-704 apply to declaration amendments that are enacted on or after May 1, 2021.

(a) A homeowners' association seeking to levy a special assessment on its members for a nonessential amenity must:(1) Pass the assessment by at least a two-thirds (⅔) majority vote of the total members in the homeowners' association; and(2) Provide members with financing or a pay…

(1) As used in this part:(1) “Gated subdivision” means a neighborhood with at least three hundred (300) single family residential homes and two (2) or more gates restricting ingress and egress to the neighborhood from a public street; and(2) “Homeowners' association” has the same…

(a) (1) A member of a homeowners' association for a gated subdivision may request a report from the board of directors for the homeowners' association regarding criminal activity in the subdivision.(2) If the board receives a request pursuant to subdivision (a)(1), then the board…

(1) As used in this part:(1) “Board of directors” means the body, regardless of name, designated in the declaration to act on behalf of a homeowners' association;(2) “Declaration” means an instrument, however denominated, that creates a homeowners' association, and amendments to …

A homeowners' association collecting assessments for common expenses shall obtain and maintain a blanket fidelity bond to insure the HOA against losses resulting from theft or dishonesty committed by the officers, directors, or persons employed by the HOA, or committed by any man…