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.
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.
Common areas belong to all the owners equally, as does the physical and financial responsibility to maintain them. Owners have an irrevocable right to enter a common area during reasonable hours for the purpose of maintenance or repair- as long as any such work adheres to the Apartment Act by-laws.
While an HOA's governing documents tend to be more specific, some state laws indicate an association's default maintenance responsibilities. California is one example, with Civil Code Section 4775 stating that an HOA is responsible for common area repairs, maintenance, and replacements unless otherwise provided in the ...
How to Start an HOA in 13 Steps 1) Connect with your neighbors. 2) Read up on your local laws and procedures. 3) Research other HOAs. 4) Build out your team. 5) Determine your HOA's wants, needs and goals. 6) Budget & determine fees. 7) Get insurance! 8) Draft your governing documents.
Utah law does not require any particular amount of reserves for associations.
Definition of common elements in a inium, those portions of the property not owned individually by unit owners but in which an indivisible interest is held by all unit owners. Generally includes the grounds, parking areas, recreational facilities, and external structure of the building.
Common elements are owned in undivided shares by all inium unit owners as tenants in common and include portions of the inium shared or used in common by the inium's residents. Examples of common elements are: Building structural components and systems. Lobbies. Parking areas.
This means common elements could include, but are not limited to, all the following: land, foundations, hallways, stairways, entrances and exits, common parking areas, storage areas, basement, roof, incinerator, pipes, ducts, electrical wiring and conduits, central heating and air, public utility lines, floors, ...