Imagine trying to follow a rule that bans new technology or makes no sense for the way we live today. Many Utah condo communities are stuck with rules written decades ago that feel like a burden. Sometimes community opinions and preferences change, and with them, the desire to change the governing documents. When that happens, do you know the processes you must follow to update your documents?

Know Your Playbook: What are Governing Documents?

Before you can fix your community, you must understand the rules. Section 57-8-3 of the Utah Condominium Ownership Act explains that “Governing Documents” are the official records used to manage the property, and are made up of five main documents:

• The Declaration: This is the main rulebook that outlines the major restrictions on the property.
• The Plat: This is a professional map. Unlike a simple drawing, it shows official unit boundaries and the datum elevations of floors and ceilings.
• Articles of incorporation
• Bylaws
• Association Rules

Knowing the difference matters. The Declaration is the most powerful piece of the puzzle. It usually requires the owners' vote to change. Association Rules are more flexible and cover daily details.

The Magic Number: The 67 Percent Rule

Many associations have historically required 75%  of owners, or more, to agree before an amendment could pass. This made it almost impossible to make any sort of changes to the governing documents. Section 57-8-39 of the Condominium Ownership Act solved this problem. Section 57-8-39(1)(a)(i)(A) says that after the developer hands over control, a condo association cannot require more than 67% of the voting interests to pass an amendment to any of the governing documents listed above.

In addition to the 67% threshold, the governing documents may also not require the approval of a specific unit owner or of lien holders holding more than 67% of the mortgages in the association.

What if your governing documents have a higher threshold than 67%? The law cares so much about this that, under Section 57-8-39(5), the 67% rule applies regardless of when the association was created or when the governing documents were last amended, which means that 67% is the rule, regardless of what your governing documents say.

There are important exceptions to this rule, however. If you want to change the percentage of the property each person owns, move unit boundaries, or change voting rights, under Section 57-8-39(1)(b), the 67% limit does not apply. 

The Board's Boundaries: Who Can Actually Change the Rules?

It is a common mistake to think the board can change the Declaration on its own. Section 57-8-39(1)(c) is very clear: the management committee, which is the board, does not have the power to do this.

While the board manages the property, the owners are the association's “shareholders.” This means owners must vote on major changes, such as amendments to the governing documents. Also, Section 57-8-10(2)(d)(iv) says every Declaration must describe exactly how it can be amended. If your document is silent and does not list a method, Section 57-8-10.5(1)(b) says you can follow the update process found directly in state law.

Silence is Consent: Dealing with Lenders

Some governing documents require the association to obtain permission from the banks that hold mortgages before making any change. If banks ignored these requests or delayed their responses, this requirement could create a logjam that prevents a community from moving forward.

Section 57-8-41 provides a technical fix. To trigger the rule, the association must send a notice by certified or registered mail to the bank. This notice must go to the address listed on the bank's recorded deed of trust. If the bank does not respond within 60 days, the law assumes they have said yes. This prevents the community from being stuck because a bank did not respond to a letter.

The Final Step: If It Is Not Recorded, It Is Not Real

Even if every owner votes for a change, the new document is not official until it is properly recorded. Sections 57-8-12 and 57-8-15 state that no amendment to a governing document is valid until it is recorded in the county recorder's office. This ensures that the rules are transparent. When a person is considering buying a unit, they can visit the county office to learn exactly what the rules are before they sign any legal documents. This keeps the process fair for everyone.

A Forward-Looking Summary

Condo laws can feel complex, but they are designed to clarify the rights and responsibilities of everyone in the community. These laws allow you to shape your community to fit modern life. If your rules feel like a relic of the past, you have the legal right and the specific tools to bring them into the 21st century. By following the steps in the Utah Code, you can ensure your community stays a great place to live for years to come.