HB 327: Homeowners Association Modifications - Utah

Amended 2/18/2025 09:02:769 → Substitute #1 · 13 edits

MAJOR

This bill modifies Utah's homeowners and condominium association laws to protect owners from unreasonable restrictions, particularly regarding wildfire-resistant materials, rental units, and political signs. It requires associations to provide written notice when denying plans and limits their ability to impose arbitrary rules on residents.

Scope change

The bill applies to both homeowners associations and condominium associations, covering unit owners and lot owners in residential developments.

REQUIREMENT

Associations must provide written notice to owners specifying which governing document provisions were relied upon and the specific aspects of a plan that do not conform when denying a unit or lot plan.

Associations cannot deny plans that include fire-resistant materials in wildfire-prone areas, protecting owners who want to use safer building materials.

Rules treating rental unit owners differently are now more limited, preventing associations from discriminating against owners who rent out their properties.

Associations cannot prohibit vegetable gardens on rear yards where the association does not own or maintain the land.

Associations cannot prohibit internal accessory dwelling units in residential lots, subject to local land use and building codes.

Associations cannot prohibit radon mitigation modifications, with limited exceptions for local ordinances and building codes.

Associations cannot prohibit personal security cameras near entryways, windows, or outside entry points of units or dwellings.

Associations cannot regulate the content of political signs or flags, only their time, place, and manner of display.

Associations cannot prohibit for-sale signs on properties, only regulate their time, place, and manner of posting.

Associations must adopt rules supporting water-wise landscaping, including low water use requirements and specific plant material restrictions.

The bill clarifies and consolidates rules about household composition limits, vehicle parking, and traffic laws on private roadways.

ENFORCEMENT

Lot owners can file lawsuits against associations that fail to adopt required water-wise landscaping rules, seeking injunctive relief and damages.

TECHNICAL

Several sections were reorganized and renumbered to improve clarity and consistency across the code.

Amended Excerpts 2/18/2025 09:02:769 → Amended 2/18/2025 09:02:769 · 6 edits

MODERATE

This bill amends Utah laws governing homeowners and condominium associations to strengthen owner protections. It requires associations to provide written notice when denying unit plans, prohibits denying plans based on fire-resistant materials in wildfire risk areas, and clarifies rules about rental units, household composition, and security cameras.

Scope change

The bill applies to homeowners' associations and condominium associations in Utah, modifying existing statutes to expand owner rights and limit association rule-making power.

REQUIREMENT

Associations must provide written notice to owners specifying governing document provisions and specific non-conforming aspects when denying unit plans

Prohibition on associations denying plans solely because they include fire-resistant materials in wildfire risk areas

Updated provisions on household composition rules, allowing associations to require single housekeeping units or limit occupant numbers based on dwelling size and fair use of common areas

Amended security camera rules to clarify when associations can prohibit cameras near unit entry points

ELIGIBILITY

Clarified rules allowing associations to impose different standards for short-term rentals (under 30 days) regarding guest limits and common area usage

DEFINITION

Added definitions for "plan fee" and "unit plans" to clarify what fees associations can charge for plan review

Introduced → Amended Excerpts 2/18/2025 09:02:769 · 5 edits

MODERATE

This bill amends Utah's homeowners and condominium association laws to limit what rules associations can impose on unit owners and lot owners. The changes strengthen protections for rental unit owners, clarify parking rules for recreational vehicles, and expand rights to install radon mitigation systems and accessory dwelling units. Additionally, the bill strengthens water conservation requirements and adds enforcement mechanisms for associations that fail to adopt required water-wise landscaping rules.

Scope change

The bill applies to both unit owners in condominiums and lot owners in planned developments, expanding protections across different types of residential associations.

REQUIREMENT

Added specific protections for recreational vehicles, requiring associations to allow parking of non-commercial vehicles including RVs in driveways where owners have a legal right to park.

Expanded protections for radon mitigation systems, limiting what associations can require regarding placement and appearance of modifications.

Added new protections for accessory dwelling units, preventing associations from prohibiting their construction on residential lots.

Strengthened water conservation rules by adding enforcement mechanisms that allow lot owners to sue associations that fail to adopt required water-wise landscaping rules.

ELIGIBILITY

Clarified and expanded protections for rental unit owners, ensuring they cannot be treated differently than other owners for certain association rules.

Substitute #1 → Substitute #2 · 8 edits

MODERATE

This bill modifies Utah's homeowners' and condominium association laws to strengthen owner protections against unreasonable rules, clarify notification requirements for denied plans, and prohibit associations from blocking fire-resistant materials in wildfire-prone areas. The changes also expand protections for rental unit owners, add new rights for lot owners in planned developments, and establish water-wise landscaping requirements.

Scope change

The bill expands protections from unit owners in condominiums to include lot owners in planned developments, adding new substantive provisions for lot owners that were previously absent.

REQUIREMENT

Associations must now provide written notice to owners specifying the exact governing document provision and specific aspect of a plan that was denied, rather than just stating the plan was denied.

Associations must adopt rules supporting water-wise landscaping, including low water use requirements during droughts and design criteria for water-efficient plants.

ELIGIBILITY

Homeowners' associations are now prohibited from denying plans that include fire-resistant materials in wildfire-prone areas, protecting owners who want to use safer building materials.

Expanded protections for rental unit owners, clarifying that associations cannot treat them differently solely because they own rental units, with specific exceptions for common area usage.

SCOPE

New protections for lot owners in planned developments were added, including rights to display political signs, water-wise landscaping requirements, and accessory dwelling unit construction rights.

ENFORCEMENT

Lot owners can now sue associations in state court for injunctive relief and damages if the association fails to adopt required water-wise landscaping rules after proper notice.

DEFINITION

New definitions were added for fire-resistant materials, water-wise landscaping, and vegetative coverage to clarify what materials and practices are protected.

TECHNICAL

Senate sponsor name was updated from LONG TITLE to Brady Brammer, and some formatting inconsistencies in the original text were corrected.

Homeowners Association Modifications

What changed between versions

How they voted

Actions timeline

Sponsors