Utah § 8a-217 - Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval.
Full text of Utah Utah Code § 8a-217 — Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval., with citation guidance and answers to common questions.
§ 8a-217. Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval.
Effective 5/3/2023 57-8a-217.
Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval.
(1)
(a)
Subject to Subsection (1)(b), a board may adopt, amend, modify, cancel, limit, create exceptions to, or expand the rules of the association.
(b)
A board's action under Subsection (1)(a) is subject to:
(i)
this section;
(ii)
any limitation that the declaration imposes on the authority stated in Subsection (1)(a);
Except as provided in Subsection (3), before adopting, amending, modifying, canceling, limiting, creating exceptions to, or expanding the rules of the association, the board shall:
(a)
at least 15 days before the board will meet to consider a change to a rule or design criterion, deliver notice to lot owners, as provided in Section 57-8a-214, that the board is considering a change to a rule or design criterion;
(b)
provide an open forum at the board meeting giving lot owners an opportunity to be heard at the board meeting before the board takes action under Subsection (1)(a); and
(c)
deliver a copy of the change in the rules or design criteria approved by the board to the lot owners as provided in Section 57-8a-214 within 15 days after the date of the board meeting.
(3)
(a)
Subject to Subsection (3)(b), a board may adopt a rule without first giving notice to the lot owners under Subsection (2) if there is an imminent risk of harm to a common area, a limited common area, a lot owner, an occupant of a lot, a lot, or a dwelling.
(b)
The board shall provide notice under Subsection (2) to the lot owners of a rule adopted under Subsection (3)(a).
(4)
A board action in accordance with Subsections (1), (2), and (3) is disapproved if within 60 days after the date of the board meeting where the action was taken:
(a)
(i)
there is a vote of disapproval by at least 51% of all the allocated voting interests of the lot owners in the association; and
(ii)
the vote is taken at a special meeting called for that purpose by the lot owners under the declaration, articles, or bylaws; or
(b)
(i)
the declarant delivers to the board a writing of disapproval; and
(ii)
(A)
the declarant is within the period of administrative control; or
(B)
for an expandable project, the declarant has the right to add real estate to the project.
(5)
(a)
The board has no obligation to call a meeting of the lot owners to consider disapproval, unless lot owners submit a petition, in the same manner as the declaration, articles, or bylaws provide for a special meeting, for the meeting to be held.
(b)
Upon the board receiving a petition under Subsection (5)(a), the effect of the board's action is:
(i)
stayed until after the meeting is held; and
(ii)
subject to the outcome of the meeting.
(6)
During the period of administrative control, a declarant may exempt the declarant from association rules and the rulemaking procedure under this section if the declaration reserves to the declarant the right to exempt the declarant.
(7)
An action against an association or member of the association's board based upon failure to comply with the requirements of Subsection (2) shall be commenced no later than 18 months after the day on which the board took the challenged action under Subsection (2).
Section 8a-217 ("Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 8a-217?
A common citation format is "Utah Code § 8a-217" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 8a-217 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
