Renewal

Request an Advisory Opinion

PLEASE NOTE:

Before submitting a request for an Advisory Opinion, please read through the following information:

  • The Office of the HOA Ombudsman can only issue Advisory Opinions on potential violations of state law. Any other issues should be addressed with the HOA board directly, or with the help of independent legal counsel.
  • The Office of the HOA Ombudsman cannot issue an Advisory Opinion if any of the following conditions apply:
    • Legal proceedings have begun, either through a court action or a binding arbitration process, concerning the issue in the advisory opinion.
    • The alleged act occurred more than 1 year ago.
    • The person requesting the Advisory Opinion has not exhausted all dispute resolution methods set forth in the association’s governing documents.
  • There is a $150 non refundable filling fee to request an opinion advisory.
I want to:
Start a new Advisory Opinion request
What happens after I submit a request?

Start a New Advisory Opinion Request

Please have the following information ready before you begin a new Advisory Opinion request:

  1. The name and contact information of each of the parties involved.
  2. A copy of the governing documents of the HOA, if accessible. This includes the bylaws, CC&R’s (Community Covenants and Restrictions), and any applicable rules and regulations.

To submit an Advisory Opinion request:

  1. All users must have a UtahID to log in. UtahID is a single sign-on service for several state systems. For instructions on how to create a UtahID, click here. 
  2. Click on [Submit a New Request] button to be taken to the Utah Department of Commerce Online Services Dashboard.
  3. Under the section titled “New Applicants”, click on the “Apply” button.
  4. Select “Request an HOA Advisory Opinion” from the dropdown menu and hit “Next”. 
  5. Hit “Start Application” and follow the application process, providing required information.
  6. Check each of the certifications on the final page.
  7. Review the application, correct any errors, and select "Submit".
  8. Complete payment and select "Submit".
  9. After payment, you’ll receive confirmation and email notification once the application is accepted and completed.
Start Request

What Happens After a Request is Submitted?

  1. The Office of the HOA Ombudsman will review the application and reach out to the applicant with any clarifying questions.
  2. After reviewing the application, the Office will do an initial assessment on jurisdiction. If we determine that the issue is outside of our jurisdiction, we will notify the applicant accordingly. 
  3. If we think the issue could be within our jurisdiction, we will attempt to reach out to each of the responding parties named in the application to notify them of the request and talk through next steps. Each responding party will then have 10 business days to provide a response to the claim in the application.
  4. Once the responding parties have had a chance to review the application and provide their response, the applicant will have 5 business days to provide any additional response.
  5. After all parties have reviewed the application and submitted their responses, the Office will do a final assessment on jurisdiction. If the issue falls within the jurisdiction of the Office, a formal Advisory Opinion will be issued and delivered to the parties.
  6. Depending on the issue presented in the application, the Office may try to resolve the issue informally.

Frequently Asked Question (FAQ)