Welcome, Future Homeowner!

This checklist is designed to help you make a smart, informed decision once you are ready to buy home in a community or condominium association in Utah. This checklist is designed to be used as part of your due diligence once you are ready to buy a home in an HOA. You may print it out, or use the web version here, and use it as a resource to prepare for your new life in an HOA community. We are excited to join you on your home-buying journey!

About the Office

The Office of the Homeowners’ Association Ombudsman (the “Office”) was created in 2025 as a division within the Utah Department of Commerce. The Office provides 3 key services for the public: 

  • The HOA Registry: All associations within the State of Utah must register on the HOA Registry and renew that registration annually. An association that is not current in its registration cannot impose or enforce a lien against a homeowner until that registration is current. Links to register an HOA, or to search the HOA Registry, can be found on our website.

  • Legal Advisory Opinions: A homeowner or HOA board who is concerned about a violation of state law can submit a request for an advisory opinion. These opinions are non-binding, educational tools intended to clarify the law and help resolve disputes. All of our opinions are publicly available on our website.

  • Education and Training: The Office provides free resources, including in-person or virtual trainings, for the public. You can submit a request for training or view our educational resources on our website.

For more information on these services, please visit our website at hoa.utah.gov. You can also call us at 801-530-6670 or send us an email at [email protected]. Our office hours are Monday-Friday, 8 am – 5 pm MT.

Legal Disclaimer

This checklist is published for educational and informational purposes only. It is intended to provide a broad overview of the types of questions a buyer may wish to ask during their search. The Office serves as a regulatory resource and not a law firm. Nothing in this checklist should be interpreted as individualized legal advice, nor does reading it create an attorney-client relationship with the Office or any person within the Office.

While the Office strives to keep this checklist up to date with current Utah law, laws change, and their application often depends on specific facts and circumstances. While we endeavor to provide helpful guidance regarding the Utah Community Association Act and the Condominium Ownership Act, the Office makes no claims or guarantees regarding the absolute accuracy, completeness, or timeliness of the information provided, and we expressly disclaim all liability for actions taken or not taken based on the contents of these materials.

Because every homeowner’s situation is unique, you should not rely on the material printed here when making any decisions about your situation, legal rights, or obligations. Homeowners' association disputes are often governed by association-specific CC&Rs, Bylaws, and other private contracts that vary significantly. If you have specific legal questions, please consult with an attorney licensed in the State of Utah.

Section 1: Understanding What You're Buying

One of the very first questions you should ask when purchasing a home in an HOA is: “What property will I own, and what property will the association own?”

An HOA is a community organized by contract and run by members who own property in the community. When you buy property in an HOA, you not only buy the physical space where you will live, but you also become a joint owner in the common areas owned by the association. As a member, you have the right and obligation to participate in the decisions made about the community through board service and attendance at regular meetings.

Property in an HOA is classified in one of three ways: Common Area, Limited Common Area, or Private Property.

Understanding Common Areas, Limited Common Areas, & Private Property

Common Area

What Is It?

 Land and facilities owned by all members together.

Who Manages it?

The Association manages and maintains these areas.

Who Pays For It?

Monthly/annual dues and special assessments.

Examples:

Swimming pools, parks & playgrounds, sport courts, clubhouses, streets & sidewalks, entrance gates, and water systems.

Limited Common Area

What Is It?

Areas designated for your exclusive use.

Who Owns it?

Collective ownership by the association.

Who Is Responsible?

Association maintains and repairs through dues

Examples:

Assigned parking space, balcony, patio, yard (in some cases).

Private Property / Owner Land

What Is It?

Land and structures you own individually.

Who Owns it?

You exclusively own these areas.

Who Is Responsible?

You are responsible for maintenance, repairs, & costs.

Examples:

Houses, townhomes, condos, and yards.                                  

The HOA’s Covenants, Conditions & Restrictions (“CC&R’s”) and your deed should tell you exactly which areas are defined by the above terms, but before you buy, do your diligence carefully, including reading your deed and CC&R’s.

Different homes come with different costs and individual maintenance responsibilities, depending on whether an area is classified as common area, limited common area, or private property. Even if the association maintains it, homeowners still have to pay for it through HOA dues and special assessments. Below is a simplified comparison of
the responsibilities you may have across different home types.*

Home Ownership: What do you Own and Maintain?

Condominium

Owning "From the Paint In"

 You own the interior of your unit, including the flooring, cabinets, and the drywall on you walls.

Homeowner (You Maintain)

Everything inside: paint, flooring, kitchen/bath fixtures, electrical outlets, and appliances.

Shared Spaces: Balconies and patios are "limited common areas", the HOA owns them, but only you are allowed to use them.

HOA (HOA Maintains)

Building structure, exterior walls, roof, hallways, elevators, and shared areas (pool or lobby).

Townhome

Owning the Structure

 You usually own the entire structure of your home and sometimes a small private yard or patio.

Homeowner (You Maintain)

Interior of your home, HVAC system (heating and cooling), and plumbing inside your unit.

Shared Walls: You share "party walls" with your neighbors, and in some cases, you may share portions of the roof structure.

HOA (HOA Maintains)

Exterior of the buildings, including the roof, exterior painting, streets, sidewalks, and shared landscaping.

Single-Family Home

Owning the House and Land

 You own the house structure and the land it sits on, including the front and back yards.

Homeowner (You Maintain)

Everything on your property: the roof, exterior siding, the yard, the driveway, the fence, and all systems like plumbing and electric.

The Yard Catch: Check your papers carefully, sometimes front yards are owned by the HOA even if they look like they are part of your lot.

HOA (HOA Maintains)

Community areas like neighborhood parks, shared trails, the clubhouse, and entry signs.

Master-Planned Developments

Some HOAs are part of a large master-planned development, which means there may be a master association that covers the entire development, with sub-associations that govern different neighborhoods as they are built out over time. There may even be other HOAs that handle entertainment, coffee shops, or other ventures or amenities within the community. It is not uncommon for large master-planned developments to have one master association and one or two sub-associations that control a particular home.

Each association will have its own governing documents and rules, and homeowners will be responsible for paying dues to each association. This checklist highlights questions that may apply to both a master association and any sub-associations.

The REPC Contract

Finally, you will see many references throughout this checklist to the “REPC” contract. This is simply to help explain what a buyer might expect in a real estate transaction. The REPC contract is the standard real estate contract used by many real estate agents throughout the state. Not every real estate transaction uses the REPC contract, however. Developers and builders, for example, often use their own contract form when selling directly to new homebuyers. It is important to always review the requirements of the contract used in your transaction, rather than relying on what is listed here.

A Note on HOAs and Purchaser Financing

Most buyers rely on financing from lenders like Fannie Mae or Freddie Mac to purchase their home. The type of HOA and its condition could impact the financing options available to you. For example, there are specific requirements for certain types of HOAs to qualify for FHA financing. The number of rentals, the condition of the property, and other criteria may limit your ability to buy or sell in an HOA community. Be sure to talk to your lender early in the process to understand the options that may be available to you.

Section 2: Questions to Ask Before Closing

When you buy a home in an HOA, you are buying partial ownership in the whole community, in addition to your lot or unit. HOA communities can have an incredible array of amenities and are often well-maintained. However, those benefits also come with additional expenses and responsibilities for those who live there.

Consider the following questions when evaluating a particular home in an HOA. Start with the seller. If the seller doesn’t have the answers, they may refer you to the HOA’s board or manager instead.

HOA Structure and Governance

Finances

Community Rules & Regulations

The HOA's rules will affect your daily life. Make sure the community's lifestyle matches yours before you commit.

Physical Propery

When you buy in an HOA, you’re not just buying your lot or unit - you’re buying partial ownership of the whole community. Don't just inspect your individual property - look at the entire community's physical condition. HOA dues are used to maintain and repair common areas, so poor maintenance can lead to costly special assessments down the road. The following is meant to be representative of questions to ask, or areas to inspect, but may not be exhaustive for or applicable to every community.

Community Engagement

Current homeowners can provide valuable insights you won't find in official documents. Talking to neighbors can give you a sense of how the community operates, and may highlight additional questions not covered here.

Section 3: Documents to Review Before Closing

A complete picture helps you make an informed decision on your new home purchase. In addition to the questions above, here are some key documents you may want to review before closing on a new home.

Documents the Seller Must Provide (By Law)

The following documents must be provided to the buyer before closing, per Utah law:

  • Governing Documents Recorded with the County - This list covers anything recorded with the county and usually includes Articles of incorporation, bylaws, plats, and the declaration of covenants, conditions, and restrictions (CC&Rs). It does not include rules or fee schedules.

  • Educational Materials - Link or access to the HOA Ombudsman’s educational resources at hoa.utah.gov.

Documents the Seller Must Provide (By Contract)

In addition to the documents above, the real estate contract may also list out a number of other documents the seller is required to disclose. These disclosures are a contractual requirement, not a mandate by state law, and they can be negotiated to include more or less than what is listed here.

The standard REPC contract includes the following as seller disclosures:

  • A written seller property condition disclosure for the property, completed, signed, and dated.

  • A Lead-Based Paint Disclosure & Acknowledgement for the property, completed, signed, and dated by the Seller (only if the property was built before 1978).

  • A Commitment for Title Insurance.

  • A copy of the CC&Rs and any rules and regulations affecting the property (this should include all rules and regulations, including fee schedules and any design guidelines for the community).

  • A copy of the most recent minutes, budget, and financial statements. [Helpful tip: If you want anything beyond the most recent set of documents, you will need to request the documents from the seller.]

  • A copy of any long-term tenant lease or rental agreements affecting the property not expiring before closing.

  • A copy of any short-term rental booking schedule (as of the seller disclosure deadline) for guest use of the property after closing.

  • A copy of any existing property management agreements affecting the property.

  • Evidence of any water rights and/or water shares.

  • Written notice of any claims and/or conditions known to the seller relating to environmental problems and building or zoning code violations.

  • If the seller is a foreign person, a FIRPTA certificate.

Note that some additional documents, like a reserve analysis, additional insurance certificates, or any historical financial statements, are not included in this list and would have to be negotiated by the parties as an addition to the seller disclosures.

Tips for Getting Documents from the HOA

Under state law, the seller, as the current homeowner, is entitled to request all of the above information from the association to provide to the buyer. Because HOAs are contractual obligations between homeowners in the community, until the buyer becomes a homeowner, they have no legal right to access these documents on their own. It is only through the seller's contractual obligation to disclose in the real estate contract that the buyer can access the documents. Therefore, it is always the seller’s responsibility to gather the necessary disclosure documents and
provide them to the buyer.

Fees and Deadlines for Getting HOA Documents

State law limits the amount an association or manager can charge for closing documents, but this applies when the request comes from the seller. State law also requires an association or manager to respond to a request for documents within 14 days, so it is important to request these as early as possible to avoid closing delays. An association or community manager may be willing to provide documents in response to a buyer’s direct request, but any limitations on fees or timing deadlines may not apply in that scenario.

Congratulations!

If you've filled out the checklist above, you are well on your way to making an informed decision about buying a home in an HOA. Living in an association can provide wonderful amenities, maintained common areas, and a strong sense of community when the association is well-managed, and the rules match your lifestyle.

Remember: This checklist is a tool to empower you with knowledge. Take your time, ask questions, and don't rush the process. Your home is likely your largest investment - make sure it's the right fit for you!

Have Additional Questions?

The Office of the Homeowners' Association Ombudsman is here to help you! Check out our website and see below for a list of online resources for homeowners in an HOA:

  • Think there’s been a violation of state law? We can provide legal advisory opinions to address potential issues. Homeowners can request an opinion online.

  • Not sure how to find contact information for the HOA? Come search for your association to find contact information for HOA presidents, board members, managers, and payoff contacts.

  • Want to learn more about life in an HOA? Check out our online educational materials and resources.

  • Want us to come do a training for your neighborhood? Free training and education sessions are available for both homeowners and board members. Submit a request online.

  • Want to find more real estate resources? You can find the REPC contract form, as well as other helpful real estate forms and information, on the Division of Real Estate’s website at realestate.utah.gov.

Legal Disclaimer

This checklist is published for educational and informational purposes only. It is intended to provide a broad overview of the types of questions a buyer may wish to ask during their search.
Nothing in this book should be interpreted as individualized legal advice, nor does reading it create an attorney-client relationship with the Office of the Homeowners’ Association Ombudsman
(the “Office”) or any person within the Office. While the Office strives to keep this checklist up to date with current Utah law, laws change, and their application often depends on specific facts
and circumstances. Because every homeowner’s situation is unique, you should not rely on the material printed here when making any decisions about your particular situation, legal rights,
or obligations. If you have specific legal questions, please consult with a licensed attorney, or feel free to call or email the Office of the Homeowners’ Association Ombudsman at 801-530-6670
or [email protected] for assistance. Our office hours are Monday-Friday, 8 am-5 pm MT.