Homeowners' Association Education
First: Which Law Governs Your Community?
Almost every answer depends on this, and it is not about whether your homes are attached or how new the community is.
- Condominiums are governed by the Condominium Ownership Act, Title 57, Chapter 8. You own a unit plus an undivided interest in the common areas.
- Planned communities of separately owned lots are governed by the Community Association Act, Title 57, Chapter 8a. You own a lot and have an interest in the association's common areas and property.
Your declaration decides which applies. If your declaration says which chapter governs, that controls. If it is silent, but the recorded plats are designated as condominium plats, then the Condominium Ownership Act applies. If the plat is also silent, then the Community Association Act applies. Both rules apply no matter when your association was created.
Once you know your chapter, go to that section of the website for information relevant to you: Condominiums or Community Associations. Each section opens with an overview of that chapter, Rights and Responsibilities in a Condominium or Rights and Responsibilities in a Community Association, and lists every topic page written for it. Additionally, you can find general information for Board Members and for Homeowners.
If neither description fits, you may not be dealing with a homeowners' association at all. Is This an HOA? separates an association from a public infrastructure district, a special service district, a mobile home park, a timeshare, a cooperative, and a landlord, and says where each of those questions goes instead.
Not sure which statutes govern your HOA? Use this questionnaire to determine the most likely set of statutes that apply to your community.
The resources contained in this section are divided based on the statute that controls your association. Utah law has two separate statutes that govern HOAs, the Condominium Ownership Act (Utah Code 57-8) and the Community Association Act (Utah Code 57-8a). While they are similar in many ways, the statutes are not identical when it comes to the rights and responsibilities of homeowners and board members. Understanding which statute controls your association is important to make sure you know which law applies to you. Your governing documents should tell you which one applies, but if you are unsure, use the handy wizard to the right.
The information contained in the questionnaire is intended for informational and educational purposes only. The use of this resource does not establish an attorney-client relationship between the user and the Office of the Homeowners' Association Ombudsman or its staff, and does not constitute legal advice.
If You Have a Specific Question
The Frequently Asked Questions answers the ten subjects this Office is asked about most: records requests, common areas and limited common areas, the period of administrative control, owners' rights and responsibilities, forming and dissolving an association, insurance and insurance deductibles, what happens when governing documents conflict with state law, liens and foreclosure, board meetings, and real estate-related fees, including reinvestment fees and administrative setup fees.
If you want to find the law itself, the list of statutes that affect owners and associations shows every statute that applies to you and how, along with each statute's effective date.
If you already know the subject and just need the numbers, Deadlines and Thresholds lists the response times, dollar limits, and vote thresholds for both chapters in a single table.
If You Are in a Dispute With Your Association
Begin by contacting your association in writing and following the specific dispute procedures outlined in your governing documents. You must exhaust this process before our Office can issue an advisory opinion. Your request to us must detail the steps you took to resolve the matter. Note that your association cannot require you to undergo arbitration first.
Where To Take a Problem walks through the order: your association first, then this Office, then the courts, and it names the agency that handles each complaint that this Office cannot.
Then read What This Office Can and Cannot Do before you file. It explains the $150 fee, the one-year filing deadline, what an advisory opinion is actually worth, and the categories of questions the statute does not permit this Office to answer.
If You Are Forming, Dissolving, or Combining an Association
Organizing and Dismantling an Association covers recording a declaration, adopting and recording bylaws, registering with the Department of Commerce within 90 days, organizing the entity, voluntary and administrative dissolution, removing property from the act, and consolidating two associations.
One point worth knowing before you start: dissolving the corporation does not remove your property from the association act or cancel the CC&Rs. Those are two separate things, and the above page explains why.
If You Are on the Board
The same pages apply to you, read from the other side. The overview for your chapter sets out what the association must do, the FAQ covers the deadlines and dollar figures that carry penalties for missing them, and the records answer sets out the 10-business-day clock and the $25-per-day consequence of ignoring a request.
What This Office Does Not Decide
This Office publishes these materials and issues advisory opinions on whether a state statute was followed. It does not interpret governing documents, does not represent anyone, does not form an attorney-client relationship with any owner or association, and cannot order anyone to do anything. For those questions, you need your own attorney or a court. What This Office Can and Cannot Do sets out each limit and where to take the question instead.
Reviewed against the Utah Code, current as of August 18, 2026.