801.790.9000 7070 South Union Park Center, Suite 220 Midvale, UT 84047
435.575.9000 1776 Park Avenue, Suite 209 Park City, UT 84060


NEW HOA LAWS! - Subject only to the Governor's Signature

March 15, 2013

This was an active session for community association legislation. Several bills were proposed but only three bills made it through the gauntlet. SB 90 has significant amendments to both the Condominium Ownership Act and the Community Association Act. It also incorporates SB 64 (completely substituted version). Careful attention will need to be paid to SB 90 because most of the new laws have a delayed implementation date. While some of the new laws go into effect on May 14, 2013, most of the new laws in SB 90 go into effect on July 1, 2014. The important section that goes into effect immediately is the insurance section update applicable to all community associations. Most of these are technical updates that will not have much effect on current operations, but mixed use condominium projects (projects with commercial and residential units) and commercial condominium projects will need to pay careful attention to this bill because it substantially changes the application of the insurance laws. HB 101 softens the effect of the failure to properly register associations by allowing associations to avoid the effects of the failure to properly register under some circumstances. For complete text of the new laws with highlighting explaining which sections have delayed implementation in SB 90, refer to the "Resources" page on this website.

Comments 0   Add new comment