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2017 Utah Code
Title 57 - Real Estate
Chapter 8a - Community Association Act
Part 2 - Administrative Provisions
Section 226 - Board meetings -- Open board meetings.
Universal Citation: UT Code § 57-8a-226 (2017)
Effective 5/9/2017
57-8a-226. Board meetings -- Open board meetings.
Amended by Chapter 131, 2017 General Session
Amended by Chapter 284, 2017 General Session
57-8a-226. Board meetings -- Open board meetings.
- (1) Except for an action taken without a meeting in accordance with Section 16-6a-813, a board may take action only at a board meeting.
- (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.
- (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.
- (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:
- (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.
- (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.
- (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.
- (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:
- (A) increases a fee; or
- (B) raises an assessment.
- (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.
- (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.
- (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:
Amended by Chapter 131, 2017 General Session
Amended by Chapter 284, 2017 General Session
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