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HB 99 (HOA Open Meetings Bill) One Step Closer to Having a Bite!

February 25, 2015

SB 118 was amended and substituted today to include an after-the-fact change to HB 99, the HOA open meetings bill that recently passed both houses of the Utah Legislature and is waiting for the governor's signature. If the governor signs it, HB 99 will require HOAs to have most board meetings and management committee meetings open to all owners and will require notice of most of those meetings to owners who request notice. Consistent with the desires of the Utah Senate, a provision was added to SB 118 that will modify the new HOA open meeting law to provide for a notice, right to cure, and cause of action for an owner against an HOA that refuses to comply with the open meeting laws. This cause of action will allow an owner to recover a $500 minimium damage amount, an order that the association comply, and attorney fees if an HOA ignores the new open meeting requirements after a warning from the owner. As one of the draftsman of both the original HB 99 open meeting bill and of the changes required by the Senate, John Morris and the Morris Sperry team of lawyers are ready to advise HOAs in Utah (condominiums, townhomes, homeowners associations) on what they need to do to comply with this new law and all HOA laws. As a frequent advocate of owner rights, the Morris Sperry attorneys also remain willing to assist owners with enforcing their rights under this law and any other.  

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