Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 104 First Substitute (2024GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• prohibits an association of unit owners or a homeowner association from adopting or enforcing a rule that prohibits an owner from making modifications for radon mitigation.

Every vote on this bill

Bill text

PROPERTY OWNER ASSOCIATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: 
 Michael S. Kennedy
LONG TITLE
General Description:
This bill amends provisions of the Condominium Ownership Act and the Community
Association Act in relation to radon mitigation.
Highlighted Provisions:
This bill:
▸ prohibits an association of unit owners or a homeowner association from adopting
or enforcing a rule that prohibits an owner from making modifications for radon
mitigation.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-8-8.1
, as last amended by Laws of Utah 2023, Chapter 503
57-8a-218
, as last amended by Laws of Utah 2023, Chapter 503
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;
(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
management committee consistent with Title 16, Chapter 6a, Utah Revised Nonprofit
Corporation Act.
(6) (a) Except as provided in Subsection (6)(b), a rule may not prohibit a unit owner
from installing a personal security camera immediately adjacent to the entryway, window, or
other outside entry point of the owner's condominium unit.
(b) A rule may prohibit a unit owner from installing a personal security camera in a
common area not physically connected to the owner's unit.
(7) (a) A rule may not abridge the right of a unit owner to display a religious or holiday
sign, symbol, or decoration inside the owner's condominium unit.
(b) An association may adopt a reasonable time, place, and manner restriction with
respect to a display that is visible from the exterior of a unit.
(8) (a) A rule may not:
(i) prohibit a unit owner from displaying in a window of the owner's condominium
unit:
(A) a for-sale sign; or
(B) a political sign;
(ii) regulate the content of a political sign; or
(iii) establish design criteria for a political sign.
(b) Notwithstanding Subsection (8)(a), a rule may reasonably regulate the size and
time, place, and manner of posting a for-sale sign or a political sign.
(9) An association of unit owners:
(a) shall adopt rules supporting water-efficient landscaping, including allowance for
low water use on lawns during drought conditions; and
(b) may not prohibit or restrict the conversion of a grass park strip to water-efficient
landscaping.
(10) A rule may restrict a sex offender from accessing a protected area that is
maintained, operated, or owned by the association, subject to the exceptions described in
Subsection 
77-27-21.7
(3).
(11) (a) Except as provided in Subsection (11)(b), a rule may not prohibit a unit owner
from making modifications, consistent with industry standards, for radon mitigation.
(b) Subsection (11)(a) does not apply if the modifications would violate:
(i) a local land use ordinance;
(ii) a building code;
(iii) a health code; or
(iv) a fire code.
[
(11)
] 
(12)
 A rule shall be reasonable.
[
(12)
] 
(13)
 A declaration, or an amendment to a declaration, may vary any of the
requirements of Subsections (1) through (5), except Subsection (1)(b)(ii).
[
(13)
] 
(14)
 This section applies to an association of unit owners regardless of when the
association of unit owners is created.
Section 2. Section 
57-8a-218
 is amended to read:
57-8a-218.
Equal treatment by rules required -- Limits on association rules and
design criteria.
(1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated lot
owners similarly.
(b) Notwithstanding Subsection (1)(a), a rule may:
(i) vary according to the level and type of service that the association provides to lot
owners;
(ii) differ between residential and nonresidential uses; and
(iii) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
limit on the number of individuals who may use the common areas and facilities as guests of
the lot tenant or lot owner.
(2) (a) If a lot owner owns a rental lot and is in compliance with the association's
governing documents and any rule that the association adopts under Subsection (4), a rule may
not treat the lot owner differently because the lot owner owns a rental lot.
(b) Notwithstanding Subsection (2)(a), a rule may:
(i) limit or prohibit a rental lot owner from using the common areas for purposes other
than attending an association meeting or managing the rental lot;
(ii) if the rental lot owner retains the right to use the association's common areas, even
occasionally:
(A) charge a rental lot owner a fee to use the common areas; or
(B) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
limit on the number of individuals who may use the common areas and facilities as guests of
the lot tenant or lot owner; or
(iii) include a provision in the association's governing documents that:
(A) requires each tenant of a rental lot to abide by the terms of the governing
documents; and
(B) holds the tenant and the rental lot owner jointly and severally liable for a violation
of a provision of the governing documents.
(3) (a) A rule criterion may not abridge the rights of a lot owner to display a religious
or holiday sign, symbol, or decoration:
(i) inside a dwelling on a lot; or
(ii) outside a dwelling on:
(A) a lot;
(B) the exterior of the dwelling, unless the association has an ownership interest in, or
a maintenance, repair, or replacement obligation for, the exterior; or
(C) the front yard of the dwelling, unless the association has an ownership interest in,
or a maintenance, repair, or replacement obligation for, the yard.
(b) Notwithstanding Subsection (3)(a), the association may adopt a reasonable time,
place, and manner restriction with respect to a display that is:
(i) outside a dwelling on:
(A) a lot;
(B) the exterior of the dwelling; or
(C) the front yard of the dwelling; and
(ii) visible from outside the lot.
(4) (a) A rule may not prohibit a lot owner from displaying a political sign:
(i) inside a dwelling on a lot; or
(ii) outside a dwelling on:
(A) a lot;
(B) the exterior of the dwelling, regardless of whether the association has an ownership
interest in the exterior; or
(C) the front yard of the dwelling, regardless of whether the association has an
ownership interest in the yard.
(b) A rule may not regulate the content of a political sign.
(c) Notwithstanding Subsection (4)(a), a rule may reasonably regulate the time, place,
and manner of posting a political sign.
(d) An association design provision may not establish design criteria for a political
sign.
(5) (a) A rule may not prohibit a lot owner from displaying a for-sale sign:
(i) inside a dwelling on a lot; or
(ii) outside a dwelling on:
(A) a lot;
(B) the exterior of the dwelling, regardless of whether the association has an ownership
interest in the exterior; or
(C) the front yard of the dwelling, regardless of whether the association has an
ownership interest in the yard.
(b) Notwithstanding Subsection (5)(a), a rule may reasonably regulate the time, place,
and manner of posting a for-sale sign.
(6) (a) A rule may not interfere with the freedom of a lot owner to determine the
composition of the lot owner's household.
(b) Notwithstanding Subsection (6)(a), an association 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.
(7) (a) A rule may not interfere with a reasonable activity of a lot owner within the
confines of a dwelling or lot, including backyard landscaping or amenities, to the extent that
the activity is in compliance with local laws and ordinances, including nuisance laws and
ordinances.
(b) Notwithstanding Subsection (7)(a), a rule may prohibit an activity within the
confines of a dwelling or lot, including backyard landscaping or amenities, if the activity:
(i) is not normally associated with a project restricted to residential use; or
(ii) (A) creates monetary costs for the association or other lot owners;
(B) creates a danger to the health or safety of occupants of other lots;
(C) generates excessive noise or traffic;
(D) creates unsightly conditions visible from outside the dwelling;
(E) creates an unreasonable source of annoyance to persons outside the lot; or
(F) if there are attached dwellings, creates the potential for smoke to enter another lot
owner's dwelling, the common areas, or limited common areas.
(c) If permitted by law, an association may adopt rules described in Subsection (7)(b)
that affect the use of or behavior inside the dwelling.
(8) (a) A rule may not, to the detriment of a lot owner and over the lot owner's written
objection to the board, alter the allocation of financial burdens among the various lots.
(b) Notwithstanding Subsection (8)(a), an association may:
(i) change the common areas available to a lot owner;
(ii) adopt generally applicable rules for the use of common areas; or
(iii) deny use privileges to a lot owner who:
(A) is delinquent in paying assessments;
(B) abuses the common areas; or
(C) violates the governing documents.
(c) This Subsection (8) does not permit a rule that:
(i) alters the method of levying assessments; or
(ii) increases the amount of assessments as provided in the declaration.
(9) (a) Subject to Subsection (9)(b), a rule may not:
(i) prohibit the transfer of a lot; or
(ii) require the consent of the association or board to transfer a lot.
(b) Unless contrary to a declaration, a rule may require a minimum lease term.
(10) (a) A rule may not require a lot owner to dispose of personal property that was in
or on a lot before the adoption of the rule or design criteria if the personal property was in
compliance with all rules and other governing documents previously in force.
(b) The exemption in Subsection (10)(a):
(i) applies during the period of the lot owner's ownership of the lot; and
(ii) does not apply to a subsequent lot owner who takes title to the lot after adoption of
the rule described in Subsection (10)(a).
(11) A rule or action by the association or action by the board may not unreasonably
impede a declarant's ability to satisfy existing development financing for community
improvements and right to develop:
(a) the project; or
(b) other properties in the vicinity of the project.
(12) A rule or association or board action may not interfere with:
(a) the use or operation of an amenity that the association does not own or control; or
(b) the exercise of a right associated with an easement.
(13) A rule may not divest a lot owner of the right to proceed in accordance with a
completed application for design review, or to proceed in accordance with another approval
process, under the terms of the governing documents in existence at the time the completed
application was submitted by the owner for review.
(14) Unless otherwise provided in the declaration, an association may by rule:
(a) regulate the use, maintenance, repair, replacement, and modification of common
areas;
(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
(ii) a service provided to a lot owner;
(c) impose a charge for a late payment of an assessment; or
(d) provide for the indemnification of the association's officers and board consistent
with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
(15) A rule may not prohibit a lot owner from installing a personal security camera
immediately adjacent to the entryway, window, or other outside entry point of the owner's
dwelling unit.
(16) (a) An association
shall adopt rules supporting water-efficient landscaping, including allowance for low
water use on lawns during drought conditions .
(b) A rule may not:
(i) prohibit or restrict the conversion of a grass park strip to water-efficient
landscaping; or
(ii) prohibit low water use on lawns during drought conditions.
(c) An association subject to this chapter and formed before March 5, 2023, shall adopt
rules required under Subsection (16)(a) before June 30, 2023.
(17) (a) Except as provided in Subsection (17)(b), a rule may not prohibit the owner of
a residential lot from constructing an internal accessory dwelling unit, as defined in Section
10-9a-530
, within the owner's residential lot.
(b) Subsection (17)(a) does not apply if the construction would violate:
(i) a local land use ordinance;
(ii) a building code;
(iii) a health code; or
(iv) a fire code.
(18) (a) Except as provided in Subsection (18)(b), a rule may not prohibit the owner of
a residential lot from making modifications, consistent with industry standards, for radon
mitigation.
(b) Subsection (18)(a) does not apply if the modifications would violate:
(i) a local land use ordinance;
(ii) a building code;
(iii) a health code; or
(iv) a fire code.
[
(18)
] 
(19)
 A rule may restrict a sex offender from accessing a protected area that is
maintained, operated, or owned by the association, subject to the exceptions described in
Subsection 
77-27-21.7
(3).
[
(19)
] 
(20)
 A rule shall be reasonable.
[
(20)
] 
(21)
 A declaration, or an amendment to a declaration, may vary any of the
requirements of Subsections (1), (2), (6), and (8) through (14), except Subsection (1)(b)(ii).
[
(21)
] 
(22)
 A rule may not be inconsistent with a provision of the association's
declaration, bylaws, or articles of incorporation.
[
(22)
] 
(23)
 This section applies to an association regardless of when the association is
created.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.