Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 273 (2016GS)

Sponsor

Rep. Powell, K.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows an association of unit owners to enact a rule, for a unit that a unit owner leases for a term of less than 30 days, that imposes a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant's guest or as the unit owner's guest.

Every vote on this bill

Bill text

CONDOMINIUM ASSOCIATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kraig Powell
Senate Sponsor: 
Kevin T. Van Tassell
LONG TITLE
General Description:
This bill amends a provision related to rules enacted by an association of unit owners.
Highlighted Provisions:
This bill:
▸ allows an association of unit owners to enact a rule, for a unit that a unit owner
leases for a term of less than 30 days, that imposes a reasonable limit on the number
of individuals that may use the common areas and facilities as the rental unit
tenant's guest or as the unit owner's guest.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-8-8.1
, as enacted by Laws of Utah 2015, Chapter 22
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
57-8-8.1
 is amended to read:
57-8-8.1.
Equal treatment by rules required -- Limits on rules.
(1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit
owners similarly.
(b) Notwithstanding Subsection (1)(a), a rule may:
(i) vary according to the level and type of service that the association of unit owners
provides to unit owners; [
and
]
(ii) differ between residential and nonresidential uses[
.
]
; or
(iii) for a unit that a unit owner leases for a term of less than 30 days, impose a
reasonable limit on the number of individuals that may use the common areas and facilities as
the rental unit tenant's guest or as the unit owner's guest.
(2) (a) If a unit owner owns a rental unit and is in compliance with the association of
unit owners' governing documents and any rule that the association of unit owners adopts under
Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a
rental unit.
(b) Notwithstanding Subsection (2)(a), a rule may:
(i) limit or prohibit a rental unit owner from using the common areas 
and facilities
 for
purposes other than attending an association meeting or managing the rental unit;
(ii) if the rental unit owner retains the right to use the association of unit owners'
common areas 
and facilities
, even occasionally[
,
]
:
(A)
 charge a rental unit owner a fee to use the common areas 
and facilities; and
(B) for a unit that a unit owner leases for a term of less than 30 days, impose a
reasonable limit on the number of individuals that may use the common areas and facilities as
the rental unit tenant's guest or as the unit owner's guest
; or
(iii) include a provision in the association of unit owners' governing documents that:
(A) requires each tenant of a rental unit to abide by the terms of the governing
documents; and
(B) holds the tenant and the rental unit owner jointly and severally liable for a violation
of a provision of the governing documents.
(3) (a) A rule may not interfere with the freedom of a unit owner to determine the
composition of the unit owner's household.
(b) Notwithstanding Subsection (3)(a), an association of unit owners may:
(i) require that all occupants of a dwelling be members of a single housekeeping unit;
or
(ii) limit the total number of occupants permitted in each residential dwelling on the
basis of the residential dwelling's:
(A) size and facilities; and
(B) fair use of the common areas 
and facilities
.
(4) Unless contrary to a declaration, a rule may require a minimum lease term.
(5) Unless otherwise provided in the declaration, an association of unit owners may by
rule:
(a) regulate the use, maintenance, repair, replacement, and modification of common
areas 
and facilities
;
(b) impose and receive any payment, fee, or charge for:
(i) the use, rental, or operation of the common areas, except limited common areas 
and
facilities
; and
(ii) a service provided to a unit owner;
(c) impose a charge for a late payment of an assessment; or
(d) provide for the indemnification of the association of unit owners' officers and board
consistent with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
(6) A rule shall be reasonable.
(7) A declaration, or an amendment to a declaration, may vary any of the requirements
of Subsections (1) through (5), except Subsection (1)(b)(ii).
(8) This section applies to an association regardless of when the association is created.