Almost all homeowners' associations (HOAs) have rules and regulations, called Covenants, Conditions, and Restrictions (CC&R's), regarding the ownership and maintenance of the community. These CC&R's are often extensive and may have the most minor of restrictions such as the color of paint each house may have or how tall a fence may be.
Strictly speaking, these CC&R's may become outdated every year due to the constant revisions of state law affecting community developments.
The three main laws in Utah that affect homeowners' associations are:
- The Utah Condominium Ownership Act;
- The Utah Community Association Act; and
- The Utah Non-Profit Corporation Act.
Virtually every year there are revisions to one or all of these Acts. These changes are mostly minor but they begin to add up if they go unnoticed every year.
The ideal scenario is to have your CC&R’s reviewed every three years to see if an update is needed. Typically revisions will be needed every three years and almost certainly every five years.
It is important that the CC&R's are updated to ensure that the HOA is not violating any laws. The association’s board makes management decisions in accordance with the CC&R’s and if these documents are not updated they can be contrary to the latest legislation.
It is recommended to speak with a local real estate attorney to determine if your CC&R's need to updated. By communicating with an expert in this field, you will have confidence that your community is in compliance with the most recent legislation.