Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 262 (2025GS)

Sponsor

Rep. Acton, Cheryl K.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• requires that a homeowners' association board member complete education requirements;
• requires that a homeowners' association board member or secretary maintain a record of completing the education requirements for at least four years;
• requires that a homeowners' association board member report completion of the education requirements to the homeowners' association;
• provides a remedy for an owner for when a homeowners' association board member fails to meet the education requirements;
• describes how a homeowners' association board member may remedy noncompliance with education requirements;
• authorizes a board of a homeowners' association to remove a board member who fails to remedy noncompliance;
• creates a standard for a person that offers education requirements;
• requires that the Department of Commerce maintain a list of persons authorized to offer education requirements; and
• provides that the requirements enacted by this bill do not take effect until after the period of administrative control.

Every vote on this bill

Bill text

7
57-8-61
57-8a-503
HOA Board Education Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
LONG TITLE
General Description:
This bill establishes education requirements for members of a homeowners' association 
board.
Highlighted Provisions:
This bill:
defines terms;
requires that a homeowners' association board member complete education requirements;
requires that a homeowners' association board member or secretary maintain a record of 
completing the education requirements for at least three years;
requires that a homeowners' association board member report completion of the education 
requirements to the homeowners' association secretary;
provides a remedy for an owner for when a homeowners' association board member fails 
to meet the education requirements;
describes how a homeowners' association board member may remedy noncompliance 
with education requirements;
creates a standard for a person that offers education requirements; and
requires that the Department of Commerce maintain a list of persons authorized to offer 
education requirements.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
57-8-61
, Utah Code Annotated 1953
57-8a-503
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
57-8-61
 is enacted to read:
57-8-61. Management committee education requirements.
(1)
As used in this section:
(a)
"Management committee education" means online or in-person training that covers 
one or more of the following topics:
(i)
relevant statutes governing an association of unit owners;
(ii)
governing documents;
(iii)
fiduciary duties and duty of care;
(iv)
ethics and leadership;
(v)
rule creation and enforcement;
(vi)
management committee meeting procedures;
(vii)
financial responsibilities;
(viii)
maintenance responsibilities;
(ix)
risk management and insurance;
(x)
management committee member roles and responsibilities; or
(xi)
conflict resolution and community building.
(b)
"Secretary" means an individual on the management committee who:
(i)
maintains management committee records; and
(ii)
keeps management committee meeting minutes.
(2)
(a)
A management committee member shall complete a minimum of one hour of 
management committee education per calendar year.
(b)
A management committee member violates this Subsection (2) if:
(i)
in the preceding year, the management committee member served on a 
management committee during the preceding year; and
(ii)
on January 1, the management committee member did not complete the education 
described in Subsection 
(2)(a)
 for the preceding calendar year.
(c)
A management committee member that serves on more than one management 
committee shall complete the education described in Subsection 
(2)(a)
 a minimum of 
once per calendar year.
(3)
A management committee member shall:
(a)
maintain an up-to-date record of the management committee member's compliance 
with Subsection 
(2)
;
(b)
make the record described in Subsection (3)(a) available to a unit owner at a 
reasonable time after the unit owner's request; and
(c)
provide the record of the management committee member's compliance with 
Subsection 
(2)
 to the secretary, if the management committee has a secretary.
(4)
(a)
Subject to Subsection 
(4)(b)
, if a management committee member does not 
comply with Subsection 
(2)
, and fails to remedy the noncompliance within the time 
provided in the notice described in Subsection 
(4)(c)
, a unit owner may file an action 
in a court with jurisdiction for:
(i)
injunctive relief requiring the management member to comply with the 
requirements of this section;
(ii)
$250;
(iii)
any other remedy provided by law; and
(iv)
reasonable costs and attorney fees.
(b)
(i)
Before the unit owner files a complaint under Subsection 
(4)(a)
:
(A)
a unit owner shall request the record described in Subsection 
(3)(a)
 from the 
secretary, or if the management committee does not have a secretary, from the 
management committee member; and
(B)
if the management committee member or the secretary does not provide a 
record of the management committee member's compliance with Subsection 
(2)
, 
a unit owner shall deliver a written notice described in Subsection 
(4)(c)
 in 
person to the secretary, or if the management committee does not have a 
secretary, to the management committee member.
(ii)
If a unit owner provides the notice to the secretary, the secretary shall provide the 
notice to the management committee member described in the notice within 24 
hours after the secretary receives the notice.
(c)
The notice described in Subsection 
(4)(b)(ii)
 shall state:
(i)
that after making a request described in Subsection 
(4)(b)(i)
, the management 
committee member or the secretary did not provide the unit owner the record 
described in Subsection 
(3)(a)
;
(ii)
a demand:
(A)
for the record described in Subsection 
(3)(a)
; or
(B)
that the management committee member remedy noncompliance with 
Subsection 
(2)
, as described in Subsection 
(4)(d)
; and
(iii)
a date, at least 90 days from the day on which the unit owner delivers the notice, 
by which the management committee member shall comply with the demand.
(d)
A management committee member remedies noncompliance with Subsection 
(2)
 by 
completing at least two hours of management committee education.
(e)
(i)
A unit owner may bring an action under this Subsection 
(4)
 only if the 
management committee member has not:
(A)
remedied noncompliance in accordance with Subsection 
(4)(d)
 within the time 
period described in Subsection 
(4)(c)
; or
(B)
provided the record described in Subsection 
(3)(a)
.
(ii)
A unit owner shall bring an action no more than three years after the day on 
which the preceding calendar year ends.
(5)
A secretary or management committee member shall maintain all records related to this 
section for at least three calendar years after the day on which the secretary or 
management committee member receives the record.
(6)
A person that purports to offer management committee education shall ensure that the 
training the person offers covers one or more of the topics described in Subsection (1).
(7)
The Department of Commerce shall:
(a)
maintain a list of persons that may offer management committee education; and
(b)
make the list described in Subsection 
(7)(a)
 available upon request.
Section 2, Section 
57-8a-503
 is enacted to read:
57-8a-503. Board education requirements.
(1)
As used in this section:
(a)
"Board education" means online or in-person training that covers one or more of the 
following topics:
(i)
relevant statutes governing an association of lot owners;
(ii)
governing documents;
(iii)
fiduciary duties and duty of care;
(iv)
ethics and leadership;
(v)
rule creation and enforcement;
(vi)
board meeting procedures;
(vii)
financial responsibilities;
(viii)
maintenance responsibilities;
(ix)
risk management and insurance;
(x)
board member roles and responsibilities; or
(xi)
conflict resolution and community building.
(b)
"Secretary" means an individual on the board who:
(i)
maintains board records; and
(ii)
keeps board meeting minutes.
(2)
(a)
A board member shall complete a minimum of one hour of board education per 
calendar year.
(b)
A board member violates this Subsection (2) if:
(i)
in the preceding calendar year, the board member served on a board during the 
preceding calendar year; and
(ii)
on January 1, the board member did not complete the education described in 
Subsection 
(2)
(a) for the preceding calendar year.
(c)
A board member that serves on more than one board shall complete the education 
described in Subsection 
(2)(a)
 a minimum of once per calendar year.
(3)
A board member shall:
(a)
maintain an up-to-date record of the board member's compliance with Subsection 
(2)
;
(b)
make the record described in Subsection (3)(a) available to a lot owner at a 
reasonable time after the lot owner's request; and
(c)
provide the record of the board member's compliance with Subsection (2) to the 
secretary, if the board has a secretary.
(4)
(a)
Subject to Subsection 
(4)(b)
, if a board member does not comply with Subsection 
(2), and fails to remedy the noncompliance within the time provided in the notice 
described in Subsection 
(4)(c)
, a lot owner may file an action in a court with 
jurisdiction for:
(i)
injunctive relief requiring the board member to comply with the requirements of 
this section;
(ii)
$250;
(iii)
any other remedy provided by law; and
(iv)
reasonable costs and attorney fees.
(b)
(i)
Before the lot owner files a complaint under Subsection 
(4)
(a):
(A)
a lot owner shall request the record described in Subsection 
(3)(a)
 from the 
secretary, or if the board does not have a secretary, from the board member; and
(B)
if the board member or the secretary does not provide a record of the board 
member's compliance with Subsection (2), a lot owner shall deliver written 
notice described in Subsection 
(4)(c)
 in person to the secretary, or if the board 
does not have a secretary, to the board member.
(ii)
If a lot owner provides notice to the secretary, the secretary shall provide the 
notice to the board member described in the notice within 24 hours after the 
secretary receives the notice.
(c)
The notice described in Subsection 
(4)(b)(ii)
 shall state:
(i)
that after making a request described in Subsection 
(4)(b)(i)
, the board member or 
the secretary did not provide the lot owner the record described in Subsection 
(3)(a)
;
(ii)
a demand:
(A)
for the record described in Subsection 
(3)(a)
; or
(B)
that the board member remedy noncompliance with Subsection 
(2)
, as 
described in Subsection 
(4)(d)
; and
(iii)
a date, at least 90 days from the day on which the lot owner delivers the notice, 
by which the board member shall comply with the demand.
(d)
A board member remedies noncompliance with Subsection 
(2)
 by completing at least 
two hours of board education.
(e)
(i)
A lot owner may bring an action under this Subsection 
(4)
 only if the board 
member has not:
(A)
remedied noncompliance in accordance with Subsection (4)(d) within the time 
period described in Subsection (4)(c); or
(B)
provided the record described in Subsection (3)(a).
(ii)
A lot owner shall bring an action no more than three years after the day on which 
the preceding calendar year ends.
(5)
A secretary or board member shall maintain all records related to this section for at least 
three calendar years after the day on which the secretary or board member receives the 
record.
(6)
A person that purports to offer board education shall ensure that the training the person 
offers covers one or more of the topics described in Subsection (1).
(7)
The Department of Commerce shall:
(a)
maintain a list of persons that may offer board education; and
(b)
make the list described in Subsection 
(7)
(a) available upon request.
Section 3. 
Effective Date.
This bill takes effect on 
July 1, 2026
.
1-17-25 1:35 PM