Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 374 Second Substitute (2021GS)

Sponsor

Rep. Winder, M.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits the enforcement of a restrictive covenant in a previously recorded written instrument relating to real property;
• allows a property owner to record a modification document declaring a restrictive covenant void;
• allows a condominium or community association to amend the association's governing documents to remove a discriminatory restrictive covenant; and
• prevents a county recorder from charging a fee for recording a modification document.

Every vote on this bill

Bill text

RESTRICTIVE COVENANTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Winder
Senate Sponsor: 
Jani Iwamoto
LONG TITLE
General Description:
This bill enacts provisions regarding certain restrictive covenants relating to real
property.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits the enforcement of a restrictive covenant in a previously recorded written
instrument relating to real property;
▸ allows a property owner to record a modification document declaring a restrictive
covenant void;
▸ allows a condominium or community association to amend the association's
governing documents to remove a discriminatory restrictive covenant; and
▸ prevents a county recorder from charging a fee for recording a modification
document.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
57-21-6.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
57-21-6.1
 is enacted to read:
 57-21-6.1.
Discriminatory housing practices regarding real estate -- Existing real
property contract provisions.
(1) As used in this section:
(a) "Association" means the same as that term is defined in Section 
57-8-3
 or
57-8a-102
.
(b) "Board" means:
(i) a management committee as defined in Section 
57-8-3
; or
(ii) the same as that term is defined in Section 
57-8a-102
.
(c) "Governing documents" means the same as that term is defined in Section 
57-8-3
 or
57-8a-102
.
(2) Any provision in a previously recorded written instrument relating to real property
that expresses any preference, limitation, or discrimination based on race, color, religion, sex,
national origin, familial status, source of income, disability, sexual orientation, or gender
identity is void.
(3) It is a discriminatory housing practice to enforce a provision described in
Subsection (2).
(4) Except as provided in Subsection (5), a person with a fee simple interest in the real
property that is subject to the recorded written instrument described in Subsection (2) may
record with the county recorder a modification document on the real property in the following
form:
"Any provision in a previously recorded written instrument that expresses any
preference, limitation, or discrimination based on race, color, religion, sex, national origin,
familial status, source of income, disability, sexual orientation, or gender identity is void under
Utah Code Section 
57-21-6.1."
.
(5) (a) If a written instrument described in Subsection (2) is a governing document, an
association may, in accordance with this section, amend the association's governing documents
to remove a provision described in Subsection (2).
(b) (i) If an owner believes an association's governing documents include a provision
described in Subsection (2), the owner may submit a written request to remove the provision.
(ii) Within 90 days after the day on which the board receives a written request, the
board:
(A) shall investigate a claim that the association's governing documents include a
provision described in Subsection (2); and
(B) if the board determines the association's governing documents include a provision
described in Subsection (2), may remove the provision from the governing documents by
amending the association's governing documents through a majority vote of the board,
regardless of any contrary provision in the association's governing documents.
(c) Any association officer may execute the amendment to remove the provision
described in Subsection (2) from the governing documents.
(d) Notwithstanding any contrary provision in the association's governing documents,
an amendment under this subsection does not require approval of the association's members.
(6) A provision in a recorded written instrument that is void under this section does not
affect the validity of the remainder of the previously recorded written instrument.
(7) An owner who records or causes to be recorded a modification document under
Subsection (4) that contains modifications not authorized by this section is solely liable for the
recordation.
(8) A county recorder may not charge a fee for recording a modification document
under this section.