| (ii) | an amount assessed against a lot owner under Subsection 57-8a-405(7). See Utah Code 57-8a-102association: means a corporation or other legal entity, any member of which:| (i) | is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and |
| (ii) | by virtue of membership or ownership of a residential lot is obligated to pay:| (C) | maintenance costs; or |
| (D) | for improvement of real property not owned by the member. See Utah Code 57-8a-102board: means the entity, regardless of name, with primary authority to manage the affairs of the association. See Utah Code 57-8a-102Board meeting: means a gathering of a board, whether in person or by means of electronic communication, at which the board can take binding action. See Utah Code 57-8a-102Contract: A legal written agreement that becomes binding when signed.Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.Lot: means :| (a) | a lot, parcel, plot, or other division of land:| (i) | designated for separate ownership or occupancy; and |
| (ii) | | (A) | shown on a recorded subdivision plat; or |
| (B) | the boundaries of which are described in a recorded governing document; or |
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| (b) | | (i) | a unit in a condominium association if the condominium association is a part of a development; or |
| (ii) | a unit in a real estate cooperative if the real estate cooperative is part of a development. See Utah Code 57-8a-102Means of electronic communication: includes :| (ii) | video conferencing; and |
| (iii) | telephone conferencing. See Utah Code 57-8a-102Period of administrative control: means the period during which the person who filed the association's governing documents or the person's successor in interest retains authority to:| (a) | appoint or remove members of the association's board of directors; or |
| (b) | exercise power or authority assigned to the association under the association's governing documents. See Utah Code 57-8a-102State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Writing: includes :Utah Code 68-3-12.5 |
| (2) |
| (a) |
At least 48 hours before a board meeting, the association shall give written notice of the board meeting via email to each lot owner who requests notice of a board meeting, unless:
| (i) |
notice of the board meeting is included in a board meeting schedule that was previously provided to the lot owner; or |
| (ii) |
| (A) |
the board meeting is to address an emergency; and |
| (B) |
each board member receives notice of the board meeting less than 48 hours before the board meeting. |
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| (b) |
A notice described in Subsection (2)(a) shall:
| (i) |
be delivered to the lot owner by email, to the email address that the lot owner provides to the board or the association; |
| (ii) |
state the time and date of the board meeting; |
| (iii) |
state the location of the board meeting; and |
| (iv) |
if a board member may participate by means of electronic communication, provide the information necessary to allow the lot owner to participate by the available means of electronic communication. |
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| (3) |
| (a) |
Except as provided in Subsection (3)(b), a board meeting shall be open to each lot owner or the lot owner’s representative if the representative is designated in writing. |
| (b) |
A board may close a board meeting to:
| (i) |
consult with an attorney for the purpose of obtaining legal advice; |
| (ii) |
discuss ongoing or potential litigation, mediation, arbitration, or administrative proceedings; |
| (iii) |
discuss a personnel matter; |
| (iv) |
discuss a matter relating to contract negotiations, including review of a bid or proposal; |
| (v) |
discuss a matter that involves an individual if the discussion is likely to cause the individual undue embarrassment or violate the individual’s reasonable expectation of privacy; or |
| (vi) |
discuss a delinquent assessment or fine. |
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| (c) |
Any matter discussed at a board meeting closed pursuant to Subsection (3)(b)(ii) is not subject to discovery in a civil action in a state court under the Utah Rules of Civil Procedure. |
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| (4) |
| (a) |
At each board meeting, the board shall provide each lot owner a reasonable opportunity to offer comments. |
| (b) |
The board may limit the comments described in Subsection (4)(a) to one specific time period during the board meeting. |
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| (5) |
A board member may not avoid or obstruct the requirements of this section. |
| (6) |
Nothing in this section shall affect the validity or enforceability of an action of a board. |
| (7) |
| (a) |
Except as provided in Subsection (7)(b), the provisions of this section do not apply during the period of administrative control. |
| (b) |
During the period of administrative control, the association shall hold a meeting that complies with Subsections (1) though (5):
| (i) |
at least once each year; and |
| (ii) |
each time the association:
| (B) |
raises an assessment. |
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| (8) |
The provisions of this section apply regardless of when the association’s first governing document was recorded. |
| (9) |
| (a) |
Subject to Subsection (9)(d), if an association fails to comply with a provision of Subsections (1) through (5) and fails to remedy the noncompliance during the 90-day period described in Subsection (9)(d), a lot owner may file an action in court for:
| (i) |
injunctive relief requiring the association to comply with the provisions of Subsections (1) through (5); |
| (ii) |
$500 or actual damages, whichever is greater; or |
| (iii) |
any other relief provided by law. |
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| (b) |
In an action described in Subsection (9)(a), the court may award costs and reasonable attorney fees to the prevailing party. |
| (c) |
Upon motion from the lot owner, notice to the association, and a hearing in which the court finds a likelihood that the association has failed to comply with a provision of Subsections (1) through (5), the court may order the association to immediately comply with the provisions of Subsections (1) through (5). |
| (d) |
At least 90 days before the day on which a lot owner files an action described in Subsection (9)(a), the lot owner shall deliver a written notice to the association that states:
| (i) |
the lot owner’s name, address, telephone number, and email address; |
| (ii) |
each requirement of Subsections (1) through (5) with which the association has failed to comply; |
| (iii) |
a demand that the association comply with each requirement with which the association has failed to comply; and |
| (iv) |
a date by which the association shall remedy the association’s noncompliance that is at least 90 days after the day on which the lot owner delivers the notice to the association. |
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Amended by Chapter 131, 2017 General Session
Amended by Chapter 284, 2017 General Session
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