33-1801. Applicability; exemptions; voluntary election to be subjected to chapter A. This chapter applies to all planned communities. B. Notwithstanding any provisions in the community documents, this chapter does not apply to any school that receives monies from this state, including a charter school, and a school is exempt from regulation or any enforcement action […]
33-1802. Definitions In this chapter and in the community documents, unless the context otherwise requires: 1. " Association" means a nonprofit corporation or unincorporated association of owners that is created pursuant to a declaration to own and operate portions of a planned community and that has the power under the declaration to assess association members […]
33-1803. Assessment limitation; penalties; notice to member of violation A. Unless limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment that is more than twenty percent greater than the immediately preceding fiscal year’s assessment without the approval of the majority of the […]
33-1804. Open meetings; exceptions A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any person designated by a member in writing as the member’s […]
33-1805. Association financial and other records A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member’s representative. The association shall not charge a member or […]
33-1806. Resale of units; information required; fees; civil penalty; definition A. For planned communities with fewer than fifty units, a member shall mail or deliver to a purchaser or a purchaser’s authorized agent within ten days after receipt of a written notice of a pending sale of the unit, and for planned communities with fifty […]
33-1806.01. Rental property; member and agent information; fee; disclosure A. A member may use the member’s property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration’s rental time period restrictions. B. A member may designate in writing a third party to act as the member’s agent […]
33-1807. Lien for assessments; priority; mechanics’ and materialmen’s liens; notice A. The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due. The association’s lien for assessments, for charges for late payment of those assessments, for reasonable collection fees and for reasonable attorney fees […]
33-1808. Flag display; political signs; caution signs; for sale, rent or lease signs; political and community activities; definitions A. Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor front yard or backyard display of any of the following: 1. The American flag or an official or replica of a flag […]
33-1809. Parking; public service and public safety emergency vehicles; definition A. Notwithstanding any provision in the community documents, an association shall not prohibit a resident from parking a motor vehicle on a street or driveway in the planned community if the vehicle is required to be available at designated periods at the person’s residence as […]
33-1810. Board of directors; annual audit Unless any provision in the planned community documents requires an annual audit by a certified public accountant, the board of directors shall provide for an annual financial audit, review or compilation of the association. The audit, review or compilation shall be completed no later than one hundred eighty days […]
33-1811. Board of directors; contracts; conflict If any contract, decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of the board of directors or any person who is a parent, grandparent, spouse, child or sibling of a member of the board of directors or […]
33-1812. Proxies; absentee ballots; definition A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be cast pursuant to a proxy. The association shall provide for votes to be cast in person and by absentee ballot and, in addition, the association may […]
33-1813. Removal of board member; special meeting A. Notwithstanding any provision of the declaration or bylaws to the contrary, all of the following apply to a meeting at which a member of the board of directors, other than a member appointed by the declarant, is proposed to be removed from the board of directors: 1. […]
33-1814. Slum property; professional management For any residential rental units that have been declared a slum property by the city or town pursuant to section 33-1905 and that are in the planned community, the association is responsible for enforcing any requirement for a licensed property management firm that is imposed by a city or town […]
33-1815. Association authority; commercial signage Notwithstanding any provision in the community documents, after an association has approved a commercial sign, including its registered trademark that is located on properties zoned for commercial use in the planned community, the association, including any subsequently elected board of directors, may not revoke or modify its approval of that […]
33-1816. Solar energy devices; reasonable restrictions; fees and costs A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device as defined in section 44-1761. B. An association may adopt reasonable rules regarding the placement of a solar energy device if those rules do […]
33-1817. Declaration amendment; design, architectural committees; review A. Except during the period of declarant control, or if during the period of declarant control with the written consent of the declarant in each instance, the following apply to an amendment to a declaration: 1. The declaration may be amended by the association, if any, or, if […]
33-1818. Community authority over public roadways; applicability A. Notwithstanding any provision in the community documents, after the period of declarant control, an association has no authority over and shall not regulate any roadway for which the ownership has been dedicated to or is otherwise held by a governmental entity. B. This section applies only to […]
33-1819. Artificial turf ban; prohibition; restrictions; attorney fees; applicability A. Except as prescribed in subsection B of this section and notwithstanding any provision in the community documents, in any planned community that allows natural grass on a member’s property, after the period of declarant control, the association may not prohibit installing or using artificial turf […]
