Bills / H.B. 406
H.B. 406 Homeowners' Association Modifications
- Introduced
- House committee (stopped here)
- House vote
- Senate committee
- Senate vote
- Signed into law
What this bill does
The bill changes Utah's rules for homeowners' associations and their ombudsman office. It makes advisory opinions public, requires educational materials online, bars associations from forcing binding arbitration before an opinion, caps setup fees at $200, and makes some association documents association property.
Plain-English summary written by AI from the official description. Check the official text below.
Official description
- defines terms
- requires that the Office of the Homeowners' Association Ombudsman (office) make public each advisory opinion the office issues
- requires that the office publish educational materials on the office's website
- provides that an action by an attorney employed by the office does not create an attorney-client relationship
- provides that the filing fee a person pays for an advisory opinion from the office is nonrefundable
- provides that a homeowners' association may not require a person to engage in binding arbitration before obtaining an advisory opinion from the office
- provides the requirements for the contents of a request for an advisory opinion
- amends the amount of the civil penalty a court may issue after qualifying conditions are met
- repeals the requirement that the parties to an advisory opinion split the cost of the advisory opinion
- provides that an administrative setup fee may not exceed $200
- establishes the conditions under which Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act, applies
- requires that an association of unit owners prepare and adopt an annual budget for the association
- amends provisions relating to the applicability of Title 57, Chapter 8, Condominium Ownership Act, or Title 57, Chapter 8a, Community Association Act
- removes the requirement that a board member and president of an association provide a physical address to the Department of Commerce for registration
- provides that certain documents are considered property of an association
- provides that if a person maintains a document considered property of an association, the person shall provide the document to the association upon request
- provides that a declarant may sell a part of the common areas during the period of administrative control to certain persons
- makes technical changes
What it costs you
- State spending from tax funds goes down by $2.5 million in FY2027.
From the bill's latest official fiscal note, counting the state's tax funds (General, Income Tax, Education, Uniform School, and Transportation) in the first full budget year after the session. Some bills take effect partway through that year, so later years can be larger; the note shows each year. Household count: U.S. Census Bureau. An average is a starting point, not your bill.
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