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Yes, homeowners association bylaws are generally legally binding and enforceable. Typical provisions found in homeowner association bylaws include: Frequency of board meetings. Meeting and quorum requirements.
The short answer is yesbut only if they say so.
How is a HOA/COA dissolved?Under Utah Code § 16-6a et seq., HOAs/COAs that are registered nonprofit corporations may be dissolved following Utah Code A§ 16-1 et seq.This is done by a proposal from the members to the HOAs/COAs association boards for adoption.More items...
Inconsistent, Arbitrary, or Capricious Enforcement. Even a validly enacted, substantively sound covenant can be nonetheless unenforceable if the HOA's enforcement is procedurally improper, or is conducted inconsistently or for an inappropriate purpose.
Utah law does not require any particular amount of reserves for associations. It does, however, require a board to be prudent in funding reserves, thus the board must act with care, good judgment and thought for the future when deciding how much to fund reserves.
Reserve Study Law UtahCondominium management committees must cause a reserve analysis to be conducted no less frequently than every six years and review and, if necessary, update a previously conducted reserve analysis no less frequently than every three years.
The reserve fund is essentially a savings account. It is where the HOA saves money for more costly repairs and replacements. Unfortunately, many HOAs have underfunded reserves. They don't have enough money put back to cover estimated expenses in the future.
HOA reserves help assure that necessary community maintenance projects like replacing a roof or repairing playgrounds and swimming pools are possible. Through ongoing maintenance and care, homeowners have more selling power if they choose to move at a later time because property holds its value and curb appeal.
Here are six ways to effectively fight with your homeowners, co-op or condo association:Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase.Respond in writing.Don't argue the rule.Know the penalties.