HOAs and Condominium Associations

If you are contemplating a move into a gated community where a large property has been developed with infra-structure and consisting of either detached or semi-detached houses, townhouses, villas or even a high rise apartment building which we refer to as a condominium, it is imperative and mandatory on your part to be a member of the Home Owner’s Association or HOA. Utah’s Condominium Ownership Act explains all about HOAs and Associations in Detail. Click Here to Read the Code.

Transfer of Responsibility

The developer’s responsibility ends once the homes or apartments are completed, the required legal documentation completed, payments finalized and possession handed over to the respective Home Owners.

The Home Owners form an association consisting of all those who have ownership to the respective dwellings, which would be responsible to ensure that all common amenities are maintained as per set down guidelines initially formulated when the property was under development, and signed and accepted by all Home Owners who have decided to be an integral part of the community that would take up residence within the gated compound.

Managing committee of the HOA

The HOA would have a very comprehensive memorandum of understanding, a constitution or set down rules and regulations promulgated as to how the property would be managed.

The HOA would congregate and elect a committee that would govern the activities of the property and maintain it, usually for a specified period of time after which new members would be elected to the committee.

Either way it would be a very comprehensive document with legal authority bestowed on the committee under the statutory laws legislated governing such developed and gated communities.

HOA membership fees

Each member in this case, that is every Home Owner would be called upon to pay a monthly fee, which would be utilized to pay for all the common amenities provided within and to the members.

It does not matter whether Home Owners use the common amenities or refrain, they would need to pay the fees that everyone else would pay and there would not be any exception unless the HOA’s rules have provisions to do so.

Any Home Owner not paying his due fees on time or defaulting could be penalized as per laid down regulations in the HOA’s legal framework, and it should be understood that Home Owners who have decided to live in any such developed properties are also governed by Local, State and Federal laws and could have recourse to the courts of law if any dispute arises between them and the HOA.

There are also properties where the HOAs would call upon condominium associates, an approved private entity or company, registered with the relevant statutory bodies governing such developed properties and commission them, to handle the management and maintenance of the property

Pre-Emptive Knowledge

Hence before buying into any such properties where HOAs are your first contact in any matter arising whilst you are resident within, which could be complaints or requests, it would be prudent on your part to examine all relevant documents governing the management of the property before you place pen to paper on the dotted line.

Legal Questions About HOAs and Condo Associations

If you have a question about a condo association, HOA litigation or any other Utah real estate law question, you should contact Greg Lyle at (801) 676-5506.

Michael Anderson

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