Effective 5/12/2015 57-8a-104. Limitation on requirements for amending governing documents — Limitation on contracts. (1) (a) (i) To amend the governing documents, the governing documents may not require: (A) for an amendment adopted after the period of administrative control, the vote or approval of lot owners with more than 67% of the voting interests; (B) […]
Effective 5/12/2020 57-8a-105. Registration with Department of Commerce — Department publication of educational materials. (1) As used in this section, “department” means the Department of Commerce created in Section 13-1-2. (2) (a) No later than 90 days after the recording of a declaration of covenants, conditions, and restrictions establishing an association, the association shall register […]
Effective 5/12/2020 57-8a-105.1. Information required before sale to independent third party. (1) Before the sale of any lot under the jurisdiction of an association to an independent third party, the grantor shall provide to the independent third party: (a) a copy of the association’s recorded governing documents; and (b) a link or other access point […]
57-8a-106. Fee for providing payoff information needed at closing. (1) Unless specifically authorized in the declaration of covenants, conditions, and restrictions, the bylaws, or the rules, an association may not charge a fee for providing association payoff information needed in connection with the financing, refinancing, or closing of a lot owner’s sale of the owner’s […]
Effective 7/1/2014 57-8a-107. Amending the declaration to make provisions of this chapter applicable. (1) An association may amend the declaration to make applicable to the association a provision of this chapter that is enacted after the creation of the association, by complying with: (a) the amendment procedures and requirements specified in the declaration and applicable […]
Effective 7/1/2014 57-8a-108. Rules against perpetuities and unreasonable restraints — Insubstantial failure to comply. (1) The rule against perpetuities and the rule against unreasonable restraints on alienation of real estate may not defeat a provision of a governing document. (2) (a) A declaration that fails to comply with this chapter does not render a title […]
57-8a-109. Limit on fee for 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 […]
