Resolutions, Templates & Guides
Resolutions
Key
The 6 Key Resolutions Every Association Should Have
These 6 resolutions grant authority to an association to carry out important actions and remedies, and contain requirements and procedures required by law for various issues. Unless such authority or requirements and procedures are covered elsewhere in your association's governing documents, these resolutions should be adopted by the board to help the association comply with the law.
As Utah law changes over time, the key resolutions will be updated to be consistent with the law. Subscribers will be notified when a new version of a key resolution is available. If the board adopted a resolution and then later the resolution is updated, the board should adopt the updated version which will replace the prior version.
- Open Meetings. The law requires that board meetings be open to homeowners (except executive sessions) and must include a comment period. Notice of each meeting must be given to any owner who has requested it. See Open Meetings, What's Required?
- Action without Board Meeting. The law has specific requirements for a board to be able to vote and take action without holding a meeting, such as by email. Do your bylaws require that all the board members agree in order to take action without a meeting? (See this page for examples of bylaw provisions that do and don't require all board members to agree). If not, the board may adopt this resolution which allows action without a meeting without unanimous consent, pursuant to the requirements of the law. See Index, action without meeting -board, and Utah Code § 16-6a-813.
- HOA Registry. The law requires associations to update their information with the HOA Registry upon any change. See Index, HOA registry, and Utah Code §§ 57-8-13.1 and 57-8a-105.
|
- Reserve Analysis. The law requires associations to have a reserve analysis (reserve study), to update it periodically, and to provide a summary to owners annually. See Index, reserve analysis.
- Reserve Fund. The law requires a reserve fund line item in the budget each year, and it places limitations on using money in a reserve fund. See Index, reserves.
|
- Rule-making Procedure. The law requires community associations to abide by a specific process when adopting, changing or enforcing board-adopted rules. There is no similar law for condos, so these specific rule-making procedures are not included in the condo resolution. See Index, rulemaking procedure.
- Violation Reporting Procedures. While these are not required by law, they are included so the association has a clear policy on how violations are reported and acted upon.
- Hearing Procedures. Procedures are included for hearings requested by owners who have been fined.
- Fining Procedure and Fine Schedule. The law requires a specific process to be followed in order to levy a fine. That process is set out in this resolution. The law also requires that fines may only be assessed in the amounts provided for in the association's governing documents. So, a fine amount must be specifically stated somewhere (such as in this resolution) before a fine in that amount can be levied. See Index, enforcement for more information regarding the procedure required to levy fines.
|
- Collection Policy. Associations should have a clear policy notifying owners about the consequences of failing to pay assessments (dues), including the amount of the late fee, interest, and other penalties such as recording of a notice of lien.
- Terminating Utilities. The law authorizes an association to suspend utilities that are paid as a common expense when an owner is delinquent. This is a valuable and effective remedy. The law specifies a procedure that must be followed and which is contained in this resolution. (See §§ 57-8-52 and 57-8a-309).
- Future Rent Payments. The law authorizes an association to require a tenant to pay their rent to the association when the landlord owner is delinquent. This is a valuable and effective remedy. The law specifies a procedure that must be followed and is contained in this resolution. (See §§ 57-8-53 and 57-8a-310).
|
- Electronic Notice and Electronic Means. Utilizing electronic methods, such as email, to provide notice and conduct business, such as voting, is much more efficient and cost effective than printing and mailing. The law allows for this if authorized by a resolution or other governing document. (See §§ 57-8-42(3)(a) and 57-8a-214(3)(a)).
|
- Records Retention and Records Requests by Owners. The law has specific requirements for how and what records are kept by associations and for allowing owners to view those records. The law includes monetary penalties when an HOA fails to comply, so it's important to have a policy in place that complies with the law to help the board respond to a request for records by an owner. This resolution contains the requirements of the law and also has a form for owners to use when requesting records, so the request is clear and complies with the association policy and the law. For more information about records, see Index, records.
|
Recommended
This policy will help avoid discrimination complaints by homeowners and residents, which can lead to fines by the Utah Anti-Discrimination and Labor Division (UALD) and lawsuits against the association. The Utah and federal Fair Housing Acts require an association to provide a "reasonable accommodation" for an applicant or resident who has a disability. A reasonable accommodation is a change in the association’s rules or policies in order to give the resident an equal chance to use and enjoy the resident’s unit, a change in the way the association communicates with the resident or provides information, or a physical change to the premises.
A reasonable accommodation could include providing a sign language interpreter at association meetings, assigning an accessible parking space close to an entrance to a resident with a mobility impairment, or allowing a resident to keep an assistance animal despite an association's rules that would otherwise restrict such an animal. This policy guides the association in responding to such requests, as well as the resident making such a request, to help ensure fair housing laws aren't violated and that the association acts appropriately, evenly and fairly. For more information, see the following topics in the Index: Fair Housing Act; discrimination; assistance (support & service) animals; disability; as well as Reasonable Accommodations Under the Fair Housing Act - Q & A.
|
The law prohibits HOA restrictions that impair the installation, maintenance or use of satellite dishes that are less than one meter (39.37") in diameter, as well as other antennas used to receive video programming (such as TV antennas). The law prohibits HOA restrictions applicable to limited common area or individually-owned property and that:
- unreasonably delay or prevent installation, maintenance or use of a satellite dish;
- unreasonably increase the cost of installation, maintenance or use of a satellite dish; or
- preclude reception of an acceptable quality signal.
The law does not apply to HOA restrictions on common areas of a community association or condominium association. Such common areas typically include the roof and exterior walls of condominium buildings, but not of townhomes and other non-condo buildings. Restrictions on dishes and antennas installed on common area elements are enforceable.
The law applies to property that a person owns or rents (directly or indirectly) and that is within their exclusive use or control, including condominium owners and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.
The law is referred to as rules for Over-the-Air-Reception Devices (“OTARD”).
|
Templates
With Language Required by Law
In order for an association to do certain things, the law requires a specific document and specific language in the document. These templates include the items required by law for:
The law has specific requirements for a board to be able to vote and take action without holding a meeting, such as by email. This template contains the required notice that must be sent to each board member when a board wants to take a vote without a meeting.
NOTE: if your bylaws require that action by the board may be taken without a meeting if all of the board members consent, then this notice isn't needed, but every board member must vote in favor of the action being taken.
This is the written warning described as the "Warning" in Resolution #3 regarding fining procedures, and it satisfies the requirements of that resolution and of the law. (See Index, fines, and Utah Code §§ 57-8-37 and 57-8a-208 (Fines)).
An association may want to have two or three progressively stronger violation letters that begin by giving an owner an opportunity to comply at a low, informal level of notice. The first letter might be a friendly, polite letter explaining the violation, remaining positive and allowing the owner the benefit of the doubt. But, in any event, a warning letter must be sent before a fine is levied and the law requires the warning to include certain things, which are included in this letter.
This letter may be personalized as desired (some associations include an explanation of why the rules are important in their community, such as that rule violations affect property values for the whole community). The letter must contain the description of each violation, the specific provisions of the association’s governing documents being violated (cite the document (CC&Rs, rules, etc.) and where in the document the provision is located), and the language in the last paragraph of the letter, but may be customized otherwise to achieve the desired tone and feel the board thinks is best for their community.
This letter serves as the notice required in Section 7.1 of Resolution #4 (Collection Policy - Terminating Utilities). It must be sent to the homeowner before the association can terminate a common utility service or recreational facility use. This letter contains the things required by law and it may be personalized as desired. (See Utah Code §§ 57-8-52 and 57-8a-309).
This letter serves as the notice required in Section 8.1 of Resolution #4 (Collection Policy - Rent Payments). It must be sent to the homeowner before the association can require the owner's tenant to pay rent payments to the association instead of the landlord. This letter contains the things required by law and it may be personalized as desired. (See §§ 57-8-53 and 57-8a-310).
| 5. | Letter to Tenant of Delinquent Owner/Landlord: Requesting Rent Payments be Paid to HOA Instead of to Landlord |
This letter serves as the notice and request required in Section 8.2 of Resolution #4 (Collection Policy - Rent Payments). It is sent to the tenant after the notice to the landlord. It directs the tenant to pay the rent payments to the association instead of to the landlord. This letter contains the things required by law and it may be personalized as desired. (See Resolution #4 and §§ 57-8-53 and 57-8a-310).
|
These forms are part of the "Reasonable Accommodation Requests Policy, including Assistance Animal Requests" available under the Resolutions tab. But they may also be downloaded separately here.
One common request HOAs receive is for a reasonable accommodation to the HOA's pet or no animal policy so that a person with a disability is permitted to have an assistance animal. The Fair Housing Act (FHA) makes it unlawful for a homeowner association to refuse to make a reasonable accommodation that a person with a disability may need in order to have equal opportunity to enjoy and use a dwelling. The Application to Keep Assistance Animal is a template an association can have its residents use to ask permission to keep an assistance animal. The Health Care Professional's Letter may accompany the Application to Keep Assistance Animal or any request for reasonable accommodation made by a resident.
For more information, see Index, assistance (support & service) animals, and Downloads and Guides, Evaluating a Request for Assistance Animal.
|
|
No Particular Language Required by Law
|
|
|
Downloads
Records Requirements at a Glance
|
Annual Checklist for HOAs
|
Checklist of Periodic Requirements
|
Sample Rules Regarding Water Use
|