Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

Bill

Homeowners Association Modifications
Number
H.B. 327 (2025GS)
Sponsor
Rep. Teuscher, Jordan D.
Final action
House/ filed 3/7/2025
Outcome
Failed / filed without passage

Summary

This bill amends provisions relating to homeowners' and condominium owners' associations.

What it does

  • This bill:
  • requires an association to notify an owner in writing of a denied unit or lot plan;
  • prohibits a homeowners' association from impeding or denying a plan due to the plan's inclusion of a fire-resistant material in an area with heightened risk of wildfire;
  • places limitations on an association's ability to impose certain rules; and
  • makes technical and conforming changes.

Every vote on this bill

2/14/2025House Comm - Substitute Recommendation
House Political Subdivisions Committee
7-0-3not eligible / no record
2/14/2025House Comm - Amendment Recommendation
House Political Subdivisions Committee
7-0-3not eligible / no record
2/14/2025House Comm - Amendment Recommendation
House Political Subdivisions Committee
7-0-3not eligible / no record
2/14/2025House Comm - Favorable Recommendation
House Political Subdivisions Committee
8-0-2not eligible / no record
2/24/2025House/ substituted
House 3rd Reading Calendar for House bills
0-0-75not eligible / no record
2/24/2025House/ passed 3rd reading
Senate Secretary
71-0-4YEA
2/27/2025Senate Comm - Favorable Recommendation
Senate Economic Development and Workforce Services Committee
3-0-3not eligible / no record

Bill text

introduced version · official source
17
57-8-6.7
57-8-8.1
57-8a-109
57-8a-218
57-8a-231
Homeowners Association Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
LONG TITLE
General Description:
This bill amends provisions relating to homeowners' and condominium owners' associations.
Highlighted Provisions:
This bill:
requires an association to notify an owner in writing of a denied unit or lot plan;
places limitations on an association's ability to impose certain rules; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-8-6.7
, as enacted by Laws of Utah 2013, Chapter 152
57-8-8.1
, as last amended by Laws of Utah 2024, Chapters 115, 519
57-8a-109
, as enacted by Laws of Utah 2013, Chapter 152
57-8a-218
, as last amended by Laws of Utah 2024, Chapters 115, 519
57-8a-231
, as last amended by Laws of Utah 2024, Chapters 56, 519
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
57-8-6.7
 is amended to read:
57-8-6.7. Approval of plans.
(1)
As used in this section:
(a)
"Plan fee" means a fee that an association of unit owners charges for review and 
approval of unit plans.
(b)
"Unit plans" means plans:
(i)
for the construction or improvement of a unit; and
(ii)
that are required to be approved by the association of unit owners before the unit 
construction or improvement may occur.
(2)
An association of unit owners may not charge a plan fee that exceeds the actual cost of 
reviewing and approving the unit plans.
(3)
If the association denies a unit plan, the association shall provide written notice to the 
unit owner specifying:
(a)
each rule on which the association relied when denying the plan; and
(b)
the specific aspect of the proposed plan that does not conform to the specified rule.
Section 2, 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
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
Except as provided in Subsection (2)(b), 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 (5), a rule may not 
treat the unit owner differently because the unit owner owns a rental unit.
(b)
Notwithstanding Subsection (2)(a), 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
Except as provided in Subsection (3)(b), 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
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 flag
; or
(iii)
establish design criteria for a political sign
 or flag
.
(b)
Notwithstanding Subsection (8)(a), a
A
 rule may reasonably regulate the size and 
time, place, and manner of posting a for-sale sign or a political sign
 or flag
.
(9)
For any area for which one or more unit owners are responsible for landscape 
maintenance, the association of unit owners:
(a)
shall adopt rules supporting water wise landscaping, including:
(i)
low water use requirements on lawns during drought conditions;
(ii)
design criterion for water wise landscaping; and
(iii)
limiting permissible plant material to specific water wise plant material;
(b)
may not prohibit low water use on lawns during drought conditions; and
(c)
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 this Subsection (11), 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.
(c)
A rule governing the placement or external appearance of modifications may apply to 
modifications for radon mitigation unless the rule would:
(i)
unreasonably interfere with the modifications' functionality; or
(ii)
add more than 40% of the modifications' original cost to the cost of installing the 
modifications.
(d)
A rule may require that a unit owner making modifications related to radon 
mitigation:
(i)
demonstrate or provide proof of radon contamination; and
(ii)
provide proof that the modifications and any related construction will be 
performed by a licensed person.
(12)
A rule may not:
(a)
impose a requirement or restriction on the use of a public street, as defined in Section 
10-9a-103
; or
(b)
restrict an individual from:
(i)
installing, displaying, or storing an item that the individual has a legal right to 
store if the item is not visible to an individual standing outside the unit;
(ii)
installing or keeping a properly maintained basketball standard on the individual's 
driveway or property;
(iii)
parking a vehicle that is not a commercial vehicle, as defined in Section 
72-9-102
, 
in a driveway where the individual has a legal right to park;
(iv)
operating a vehicle that is not a commercial vehicle, as defined in Section 
72-9-102
, in conformance with state traffic laws; or
(v)
hiring a contractor or worker solely because the contractor or worker:
(A)
is not on the association's preferred vendor list; or
(B)
does not have a professional or occupational license.
(12)
(13)
A rule shall be reasonable.
(13)
(14)
A declaration, or an amendment to a declaration, may vary any of the 
requirements of Subsections (1) through (5), except Subsection (1)(b)(ii).
(14)
(15)
This section applies to an association of unit owners regardless of when the 
association of unit owners is created.
Section 3, Section 
57-8a-109
 is amended to read:
57-8a-109. Approval of plans.
(1)
As used in this section:
(a)
"Lot plans" means plans:
(i)
for the construction or improvement of a lot; and
(ii)
that are required to be approved by the association before the lot construction or 
improvement may occur.
(b)
"Plan fee" means a fee that an association charges for review and approval of lot 
plans.
(2)
An association may not charge a plan fee that exceeds the actual cost of reviewing and 
approving the lot plans.
(3)
If the association denies a lot plan, the association shall provide written notice to the lot 
owner specifying:
(a)
each rule on which the association relied when denying the plan; and
(b)
the specific aspect of the proposed plan that does not conform to the specified rule.
Section 4, 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
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
Except as provided in Subsection (2)(b), 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
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
Except as provided in Subsection (3)(b), a
 rule 
criterion 
may not abridge the 
rights of a lot owner to display a religious or holiday sign, symbol, or decoration
 on
:
(i)
inside a dwelling on a lot; or
(ii)
outside a dwelling on:
(A)
(i)
a lot;
(B)
(ii)
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)
(iii)
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
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
 or flag on
:
(i)
inside a dwelling on a lot; or
(ii)
outside a dwelling on:
(A)
(i)
a lot;
(B)
(ii)
the exterior of the dwelling, regardless of whether the association has an 
ownership interest in the exterior; or
(C)
(iii)
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
 or flag
.
(c)
Notwithstanding Subsection 
(4)(a)
, a
A
 rule may reasonably regulate the time, 
place, and manner of posting a political sign
 or flag
.
(d)
An association design provision may not establish design criteria for a political sign
or flag
.
(5)
(a)
A rule may not prohibit a lot owner from displaying a for-sale sign
 on
:
(i)
inside a dwelling on a lot; or
(ii)
outside a dwelling on:
(A)
(i)
a lot;
(B)
(ii)
the exterior of the dwelling, regardless of whether the association has an 
ownership interest in the exterior; or
(C)
(iii)
the front yard of the dwelling, regardless of whether the association has an 
ownership interest in the yard.
(b)
Notwithstanding Subsection 
(5)(a)
, a
A
 rule may reasonably regulate the time, 
place, and manner of posting a for-sale sign.
(6)
(a)
A
Except as provided in Subsection (6)(b), 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
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
Except as provided in Subsection (7)(b), 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
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
to an individual standing
 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 
(7)(b)
, an
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)
(15)
(a)
For any area for which one or more lot owners are responsible for 
landscape maintenance of any landscaping within the lot owner's lot or the common 
areas, the association shall adopt rules supporting water wise landscaping as defined 
in Section 
57-8a-231
 including:
(i)
low water use requirements on lawns during drought conditions;
(ii)
design criterion for water wise landscaping; and
(iii)
limiting permissible plant material to specific water wise plant material.
(b)
A rule may not:
(i)
prohibit or restrict the conversion of a grass park strip to water wise landscaping 
as defined in Section 
57-8a-231
; or
(ii)
prohibit low water use on lawns during drought conditions.
(17)
(16)
(a)
Except as provided in Subsection 
(17)(b)
(16)(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
 or 
17-27a-526
, within the owner's residential lot.
(b)
Subsection 
(17)(a)
(16)(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)
(17)
(a)
Except as provided in Subsection 
(18)(b)
(17)(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)
(17)(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.
(c)
A rule governing the placement or external appearance of modifications for radon 
mitigation does not apply to a lot owner's modifications if the rule would:
(i)
unreasonably interfere with the modifications' functionality; or
(ii)
add more than 40% of the modifications' original cost to the cost of installing the 
modifications.
(d)
A rule may require that a lot owner making modifications related to radon mitigation:
(i)
demonstrate or provide proof of radon contamination; and
(ii)
provide proof that the modifications and any related construction will be 
performed by a licensed person.
(19)
(18)
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)
(a)
As used in this Subsection 
(19)
, "vegetable garden" means a plot of ground or 
elevated soil bed where vegetables, herbs, fruits, flowers, pollinator plants, leafy 
greens, or other edible plants are cultivated.
(b)
A rule may not prohibit a vegetable garden on a lot.
(c)
A rule may:
(i)
impose reasonable regulations that do not significantly increase the cost of 
cultivating a vegetable garden or significantly decrease the efficiency of 
cultivating a vegetable garden, including reasonable regulations on plant height, 
water use, fertilizer use, and weed maintenance; and
(ii)
prohibit the cultivation of invasive or unlawful species.
(20)
A rule may not:
(a)
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;
(b)
impose a requirement or restriction on:
(i)
a unit's interior, except as reasonably necessary for the safety of adjacent lots and 
the occupants of those lots; or
(ii)
the use of a public street, as defined in Section 
10-9a-103
;
(c)
restrict an individual from:
(i)
installing, displaying, or storing an item that the individual has a legal right to 
store if the item is not visible to an individual standing outside the lot;
(ii)
installing or keeping a properly maintained basketball standard on the individual's 
driveway or property;
(iii)
parking a vehicle that is not a commercial vehicle, as defined in Section 
72-9-102
, 
in a driveway where the individual has a legal right to park;
(iv)
operating a vehicle that is not a commercial vehicle, as defined in Section 
72-9-102
, in conformance with state traffic laws; or
(v)
hiring a contractor or worker solely because the contractor or worker:
(A)
is not on the association's preferred vendor list; or
(B)
does not have a professional or occupational license; or
(d)
be inconsistent with a provision of the association's declaration, bylaws, or articles of 
incorporation.
(20)
(21)
A rule shall be reasonable.
(21)
(22)
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).
(22)
A rule may not be inconsistent with a provision of the association's declaration, 
bylaws, or articles of incorporation.
(23)
This section applies to an association regardless of when the association is created.
Section 5, Section 
57-8a-231
 is amended to read:
57-8a-231. Water wise landscaping.
(1)
As used in this section:
(a)
"Lawn or turf" means nonagricultural land planted in closely mowed, managed 
grasses.
(b)
"Mulch" means material such as rock, bark, wood chips, or other materials left loose 
and applied to the soil.
(c)
"Overhead spray irrigation" means above ground irrigation heads that spray water 
through a nozzle.
(d)
(i)
"Vegetative coverage" means the ground level surface area covered by the 
exposed leaf area of a plant or group of plants at full maturity.
(ii)
"Vegetative coverage" does not mean the ground level surface area covered by 
the exposed leaf area of a tree or trees.
(e)
"Water wise landscaping" means any or all of the following:
(i)
installation of plant materials suited to the microclimate and soil conditions that 
can:
(A)
remain healthy with minimal irrigation once established; or
(B)
be maintained without the use of overhead spray irrigation;
(ii)
use of water for outdoor irrigation through proper and efficient irrigation design 
and water application; or
(iii)
the use of other landscape design features that:
(A)
minimize the need of the landscape for supplemental water from irrigation;
(B)
reduce the landscape area dedicated to lawn or turf; or
(C)
encourage vegetative coverage.
(f)
"Water wise plant material" means a plant material suited to water wise landscaping 
as defined in this section.
(2)
An association may not enact or enforce a governing document that prohibits, or has the 
effect of prohibiting, a lot owner of a detached dwelling from incorporating water wise 
landscaping on the lot owner's lot.
(3)
(a)
Subject to Subsection (3)(b), Subsection (2) does not prohibit an association from 
requiring a property owner to:
(i)
comply with a site plan review or other review process before installing water 
wise landscaping;
(ii)
maintain plant material in a healthy condition; and
(iii)
follow specific water wise landscaping design requirements adopted by the 
association including a requirement that:
(A)
restricts or clarifies the use of mulches considered detrimental to the 
association's operations; and
(B)
restricts or prohibits the use of specific plant materials other than water wise 
plant materials.
(b)
An association may not require a lot owner to
install or keep in place lawn or turf in 
an area.
(4)
(a)
Subject to Subsection (4)(b), if an association does not adopt rules as required by 
Subsection 
57-8a-218
(16)
57-8a-218(15)
 and fails to remedy the noncompliance 
within the time specified in Subsection (4)(c), a lot owner may file an action in state 
court for:
(i)
injunctive relief requiring the association to comply with the requirements of 
Subsection 
57-8a-218
(16)
57-8a-218(15)
;
(ii)
$500, or the lot owner's actual damages, whichever is greater;
(iii)
any other remedy provided by law; and
(iv)
reasonable costs and attorney fees.
(b)
No fewer than 90 days before the day on which a lot owner files a complaint under 
Subsection (4)(a), the lot owner shall deliver written notice described in Subsection 
(4)(c) to the association.
(c)
The lot owner shall include in a notice described in Subsection (4)(b):
(i)
the requirements in Subsection 
57-8a-218
(16)
57-8a-218(15)
 for adopting water 
wise landscaping rules with which the association has failed to comply;
(ii)
a demand that the association come into compliance with the requirements; and
(iii)
a date, no fewer than 90 days after the day on which the lot owner delivers the 
notice, by which the association must remedy the association's noncompliance.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-24-25 2:49 PM