Utah HOAs are primarily governed by the Utah Revised Nonprofit Corporation Act as well as specific legislation pertaining to iniums and community associations. These state laws are designed to work in conjunction with relevant federal laws to ensure that HOAs operate within the legal framework.
Is there any way to get around HOA rules? While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
Under Utah Code § 16-6a et seq., HOAs/COAs that are registered nonprofit corporations may be dissolved following Utah Code § 16-1 et seq. This is done by a proposal from the members to the HOAs/COAs association boards for adoption.
Homeowners should direct their complaints against a board member to the HOA board or the community manager. An effective board or manager will handle the complaint properly, even if it concerns one of their own. If need be, homeowners can request to enter dispute resolution.
The first letter should state the purpose of the HOA violation, provide evidence, a quick overview if the rules and regulations to reference, and provide a reasonable time period for the homeowner to make the changes. The second letter is a warning letter 14 days after the first letter.
Steps to Take Before Suing an HOA in Small Claims Court Reach Out to the HOA. Check the HOA Bylaws and CC&Rs. Review the Appropriate Federal or State Laws on HOAs. Save All Evidence. Send a Demand Letter. Consider Consulting With an Attorney.
Utah law does not require any particular amount of reserves for associations.
The dissolution process is done with Utah Division of Corporations following this general process: Under Utah Code § 16-6a et seq., HOAs/COAs that are registered nonprofit corporations may be dissolved following Utah Code § 16-1 et seq.