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.
Utah law does not require any particular amount of reserves for associations.
Utah Code Title 57 Chapter 8 is the inium Ownership Act authored by Keith Romney and passed into law in 1960. The Act allowed individuals to have private ownership of property in a collective unit. Although authored in 1960, the Act wasn't officially adopted until 1963.
Is it mandatory to join a Utah HOA? In Utah, if an individual buys a house in an area where an HOA already exists, they have to join and start contributing to the association.
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.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
Is it mandatory to join a Utah HOA? In Utah, if an individual buys a house in an area where an HOA already exists, they have to join and start contributing to the association.
Utah law does not require any particular amount of reserves for associations.
The key differences between standing rules and bylaws therefore relate to both effect and scope: bylaws are more overarching and refer to procedures while standing rules tend to be more administrative and speak to specifics. Bylaws and standing rules are also hierarchical in nature: bylaws supersede standing rules.