Housing For Older Persons Act (HOPA) (55

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Both the Condo Act and the Community

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Utah HOAs are required to do certain

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An association is established as a

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Remedies and procedures for collecting

Remedies and procedures for collecting

Has the association received a request

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1.  Community

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What are bylaws under the Community Association Act? 

The act does not define [[snippet bylawsCA]], nor does it require an association to have bylaws.  It is therefore strange that the act specifies requirements for bylaws (in the event an association has them, presumably), including that an association's bylaws must be recorded no later than the date of the first lot sale, as well as specifics that must be included in bylaws.  The Act also dictates where in the heirarchy of governing documents bylaws sit if there is a conflict between two governing documents.  

The Act does not require an association to be formed as a nonprofit corporation.  Yet, Section 57-8a-221 apparantly views an association's bylaws narrowly as a creature merely of the incorporated form of the association and that exist only by virtue of the association's status as a nonprofit corporation, rather than as bylaws of an association that was created by a declaration to manage the property or affairs of a [[snippet common-interest community]], including administering the [[snippet servitude]] regime of the project.

Specifically, the section states that if an association is a nonprofit corporation and is administratively dissolved (for failure to renew, for example), the association may reincorporate and the board "shall readopt bylaws for the association that are the same as the bylaws that were in existence at the time of termination or dissolution."  This section presumes that the association's bylaws are somehow invalidated or nullified by dissolution of the corporate form of the association.  That simply is not true and misunderstands the purpose and nature of a common-interest community's bylaws, as well as the nature of the association itself.  The bylaws are not required by either the Community Association Act or the Nonprofit Corporation Act.  They are a contract between and among the owners and the association.  The association continues to exist regardless of whether it is incorporated or not, and so does this contract.

Indeed, if recorded before lots or units are sold, an association's bylaws often contain servitudes binding on the property in the community.  Such bylaws are not extinguished merely by the dissolution of the corporate form of the association. 

[[snippet bylaw]]

The Condo Act does {mprestriction

Definition in Nonprofit Act: [[snippet

It is not uncommon for CC&Rs to

Changed circumstances or changed

common areas

common areas and facilities in the

The law imposes three key fiduciary

When a law or agreement require that a

License

Utah law requires two main things for a

When a statute provides a period of time

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The term [[snippet

The following legal doctrines are

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A member of a nonprofit corporation may

A board may adopt, amend, cancel and

For a summary of the general duties and

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There are a number of

An association generally has a duty to

Does the economic loss rule

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Utah law provides that an association

When can something be done or kept

An association may access a lot or unit

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An equitable remedy is a court order

Estoppel is a

An executive session of a [[snippet

The Fair Debt Collection Practices Act

Fair Housing Act

(Fees discussed here do not include

(Fees discussed here do not include

Utah law authorizes an association to

Utah has adopted the International Fire

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Problems arise if all of the lots in a

What is a member in good

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An owner who is assessed a fine is

At their core, the rights and

All Utah HOAs are required to register

"55 & Older" communities
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A unit.

The

See comment 1 in Three Fountains v.

When a board member moves or resigns

• For voting to amend the governing

Under the Nonprofit Act, a [[snippet

For voting generally, see Index, ...

Waiver usually involves a failure to

Water-efficient

[[snippet

See: Title 34A Utah Labor Code...

An association may take an action (vote)