To form an HOA in Utah, one must adhere to state-specific statutes, primarily the Utah inium Ownership Act and the Utah Community Association Act. The formation process begins with recording a declaration in the county where the property is located.
Utah law does not require any particular amount of reserves for associations.
— Homeowners' associations shall complement, support and strengthen LGUs in providing vital services to their members and help implement local government policies, programs, ordinances, and rules.
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.
In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD.
Utah law does not require any particular amount of reserves for associations.
Finally, is an HOA considered a local government? No—HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.
Can you refuse to join a Homeowner's Association? The short answer is yes. Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members. Membership is optional unless it's stipulated in the Deed of Sale or relevant documents are annotated in the title of the property.
In Utah, two key laws govern homeowners associations ("HOAs") and inium owners associations ("COAs"). The inium Act, Utah Code § 57-8, applies to COAs, and deals with individually owned units supported by collectively held facilities and areas, such as iniums or townhomes.