Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 118 Second Substitute (2015GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• prohibits certain restrictions on a homeowner association's ability to meet for the purpose of amending the association's bylaws; and
• makes technical changes.

Every vote on this bill

Bill text

HOMEOWNER ASSOCIATION BYLAWS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions relating to a homeowner association's bylaws.
Highlighted Provisions:
This bill:
▸ prohibits certain restrictions on a homeowner association's ability to meet for the
purpose of amending the association's bylaws; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-8-16
, as last amended by Laws of Utah 1997, Chapter 230
57-8a-216
, as enacted by Laws of Utah 2011, Chapter 355
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
57-8-16
 is amended to read:
57-8-16.
Contents of bylaws.
(1)
 The bylaws may provide for the following:
[
(1)
] 
(a)
 the establishment of a management committee, the number of persons
constituting the committee and the method of selecting the members of the committee; the
powers and duties of the management committee; and whether or not the management
committee may engage the services of a manager;
[
(2)
] 
(b)
 the method of calling meetings of the unit owners[
;
]
,
 what percentage of the
unit owners shall constitute a quorum[
,
] and be authorized to transact business;
[
(3)
] 
(c)
 the maintenance, repair, and replacement of the common areas and facilities
and payment therefor;
[
(4)
] 
(d)
 the manner of collecting from the unit owners their share of the common
expenses;
[
(5)
] 
(e)
 the designation and removal of personnel necessary for the maintenance,
repair, and replacement of the common areas and facilities;
[
(6)
] 
(f)
 the method of adopting and of amending administrative rules and regulations
governing the details of the operation and use of the common areas and facilities;
[
(7) (a)
] 
(g) (i)
 restrictions on and requirements respecting the use and maintenance of
the units and the use of the common areas and facilities as are designed to prevent
unreasonable interference with the use of their respective units and of the common areas and
facilities by the several unit owners; and
[
(b)
] 
(ii)
 restrictions regarding the use of the units [
may include
]
, including
 other
prohibitions on, or allowance of, smoking tobacco products;
[
(8)
] 
(h)
 the percentage of votes required to amend the bylaws; and
[
(9)
] 
(i)
 other provisions as may be considered necessary for the administration of the
property consistent with this act.
(2) An association of unit owners' bylaws may not limit the date on which the
association of unit owners may meet to amend the association of unit owners' bylaws.
Section 2. Section 
57-8a-216
 is amended to read:
57-8a-216.
Association bylaws -- Recording required -- Bylaw requirements.
(1) (a) No later than the date of the first lot sale, an association shall file its bylaws for
recording in the office of the recorder of each county in which any part of the real estate
included within the association is located.
(b) If an association fails to file bylaws for recording within the time specified in
Subsection (1)(a), the board may file the bylaws for recording as provided in Subsection (1)(a).
(2) Unless otherwise provided in the declaration, an association's bylaws shall state:
(a) the number of board members;
(b) the title of each of the association's officers;
(c) the manner and method of officer election by the board or, if the declaration
requires, by the lot owners;
(d) (i) the board member's and officer's:
(A) qualifications;
(B) powers and duties; and
(C) terms of office;
(ii) the method for removing a board member or officer; and
(iii) the method for filling a board member or officer vacancy;
(e) the powers that the board or officers may delegate to other persons or to a managing
agent;
(f) the officers who may prepare, execute, certify, and record amendments to the
declaration on behalf of the association;
(g) a method for the board or lot owners to amend the bylaws, consistent with Section
16-6a-1010
; and
(h) subject to the provisions of the declaration and unless the declaration or this chapter
requires that a provision appear in a declaration, any other matter that is necessary or
appropriate for conducting the affairs of the association, including:
(i) meetings;
(ii) voting requirements; and
(iii) quorum requirements.
(3) An association shall file any amended bylaws for recording in the same manner as
the association is required to file the initial bylaws for recording under Subsection (1).
(4) An association's bylaws may not limit the date on which the association may meet
to amend the association's bylaws.
Legislative Review Note
 as of 1-28-15 9:59 AM
Office of Legislative Research and General Counsel