Utah Office of the Homeowners' Association Ombudsman

Today our Director, Erin Rider, joined Greg Skordas and Holly Richardson on KSL’s Inside Sources to talk all things HOA, including what potential buyers should consider before moving into an HOA. If you missed the live show, check out the segment on their podcast tomorrow!

📬 Ever wondered what records your HOA is required to share with you — and how fast they have to do it?

We've got answers! The Utah Office of the Homeowners' Association Ombudsman just published a new Advisory Opinion, and it's packed with helpful info for homeowners AND HOA board members alike. Here's the short version:

📋 There's a specific list of records your HOA must make available to you. Think governing documents, meeting minutes, budgets, financial statements, reserve analyses, and more. If you've ever asked for records and weren't sure what you were entitled to — this is your cheat sheet.

⏱️ Your HOA has 10 business days to respond to a records request. That's the law as of May 6, 2026. And if an association misses that deadline, there are real consequences — including $25 per day owed to the homeowner who made the request.

🚫 But not every document makes the list. Internal board notes and deliberation records aren't required to be shared under Utah law. Boards can choose to share more — but the law only requires specific categories of records.

Whether you're a homeowner who wants to know your rights or a board member trying to do things by the book, this one's worth a read. 👇

📄 Read the full Advisory Opinion here:https://commerce.utah.gov/wp-content/uploads/2026/05/Advisory-Opinion-2026-21.pdf

Know a neighbor or a board member who'd find this helpful? Tag them below or share this post with your community group! 🏘️

🏡 Ever wondered exactly what financial records your HOA is required to share with you?

We've got answers — and they might surprise you! The Utah Office of the Homeowners' Association Ombudsman just published Advisory Opinion No. 2026-20, and it breaks down your rights (and your HOA board's responsibilities) when it comes to financial records. No legalese, we promise. 😄

Here's what you need to know:

📄 HOAs must give you the big-picture financial stuff — things like balance sheets, income statements, cash flow statements, meeting minutes, governing documents, and reserve analysis reports. These are the records that show you how your community's money is being managed.

🚫 But HOAs aren't required to hand over everything — bank statements, full transaction registers, and individual vendor invoices or contracts go beyond what Utah law requires. Boards can choose to share more, but they don't have to.

⏱️ Got a valid request? Your HOA has 10 business days to respond — and if you ask for records by email, they can't charge you a dime. Paper copies are capped at 10¢ per page. Miss the deadline? That's a $25-per-day penalty for the HOA.

Knowing your rights helps keep neighborhoods running smoothly — for homeowners and boards! Share this with your community group so everyone stays in the loop. 👇

👉 Read the full Advisory Opinion here:https://commerce.utah.gov/wp-content/uploads/2026/05/Advisory-Opinion-2026-20.pdf

Questions? We're always happy to help! Visit hoa.utah.gov or email us at [email protected].

Real Estate Professionals! The HOA Ombudsman is joining Caravan this year!

Utah is now 5th in the nation for the percentage of real estate listings in an HOA, and we know you have questions.

During Caravan, we’ll be giving a primer on HOAs - specifically, how they work and what you need to know to help your clients who are buying or selling in an HOA.

Here are the upcoming events. Register at the link below!

Cedar City: June 8
St. George: June 9
Logan: June 16
Moab: June 29
Richfield: June 30
Spanish Fork: July 7

DRE Spring Caravan - commerce.utah.gov Spring CARAVAN 2026 ATTENTION: Real Estate, Appraiser, and Mortgage Licensees! The Division of Real Estate is pleased to offer Real Estate Licensees a FREE 3-HOUR continuing education course, with 2-hour core and 1-hour elective credit, at eight convenient sessions throughout the state. Join Divisio...

Big update for our neighborhood! Ever wondered what happens when an active water leak pops up right beneath a homeowner's floor? Our Office just issued a new advisory opinion to help clear up the pipeline of confusion regarding property repair costs.

Here is the breakdown of the key facts from Advisory Opinion No. 2026-19:

🚰 Common pipes, common responsibility: When a broken pipe is located in a common area and serves multiple units, the Association is required to pay for its repair. They are also responsible for covering any insurance payments made under a homeowner's personal policy that should have been covered under the Association's policy instead.

📑 Primary insurance vs. Deductibles: Under Utah law, a condominium association must maintain property insurance that covers all physical structures, including individual units. While the association's policy serves as the primary coverage for a loss, the individual homeowner is responsible for paying their share of the association's deductible.

🔍 Diagnostic costs stay with the owner: Any expenses a homeowner incurs to troubleshoot and diagnose the underlying problem are considered part of their own personal efforts to protect their home. Because of this, the Association is not required to reimburse the owner for those diagnostic expenses.

Why does this matter? Providing a clear and straightforward answer helps neighbors understand their exact insurance and repair obligations. Utilizing this alternative dispute resolution method ensures that both homeowners and boards know exactly who handles maintenance and who covers the deductible before a problem flows over.

If you live in a condo or serve on a board, share this post with your community group to keep everyone informed! You can read the complete analysis right here:

➡️https://commerce.utah.gov/wp-content/uploads/2026/05/Advisory-Opinion-2026-19.pdf

Ever wondered what really goes on in those HOA meetings or who is responsible for the broken sprinkler in the park? We’ve got some fresh insights for you from our latest Advisory Opinion!

Knowing the rules of the road helps every neighborhood run a little smoother. Here are the big takeaways for a happy, transparent community:

📋 The Paper Trail is Essential: Your association is required to keep and share records like meeting minutes (for at least 3 years!), financial statements, and a list of current Board members. In a recent case, we found that even while a builder is still in control, they must hold annual meetings and keep those minutes for you to see.

🚜 Common Area TLC: When a developer is in charge, they have a duty to use "reasonable care and prudence" to manage and maintain shared spaces. While they aren't responsible for fixing issues on your private property, they do need to work with builders to ensure shared neighborhood systems are finished and maintained correctly.

💻 Easy Access for the Win: Associations can stay compliant with Utah law by making important financial records and reserve studies available through an online owner portal.

Why does this matter? Understanding these rules helps keep your community's business out in the open and ensures that shared spaces—the heart of our neighborhoods—are looked after properly. It’s all about making sure everyone knows their part in building a great place to live!

Want to see the full analysis?

Grab a cup of coffee and read the complete Advisory Opinion here:https://commerce.utah.gov/wp-content/uploads/2026/05/Advisory-Opinion-2026-18.pdf

Feel free to share this post with your neighbors to keep everyone in the loop! 🏠✨

Ever wondered how your HOA decides to add new features to the neighborhood park, like a cool new pavilion or a concrete pad? 🌳

We recently looked into a case where a homeowner questioned if their Board could spend money on "new" improvements rather than just fixing what’s already there. Here is the scoop on how community improvements work:

- Maintenance is just the beginning! 🛠️ While your rules say the Board must keep things in good repair, that is usually a minimum requirement, not a limit. Unless your documents specifically say "no new stuff," Boards generally have the power to manage and improve common areas to make the neighborhood better.

- The 45-day "Power of the No." ⏱️ When a Board adopts a budget, they have to show it to the homeowners. From that meeting, neighbors have 45 days to organize a vote to disapprove it. If 51% of all owners don't vote "no" in that window, the budget (and the projects in it) is ready to roll!

- Check the math on increases. 📈 Boards can raise annual assessments to pay for these community upgrades. However, if they want to raise them by more than 25% in one year, they usually need a specific vote from the members (check your CC&Rs—it’s often a 2/3 majority!).

Why does this matter for you? Understanding these steps helps keep community life moving forward. It ensures that the original vision for your neighborhood can finally be finished, even if it takes a few years to save up the funds.

Want to see the full breakdown of this Advisory Opinion? Check it out here:https://commerce.utah.gov/wp-content/uploads/2026/04/Advisory-Opinion-2026-17.pdf

Feel free to share this post with your neighbors so everyone stays in the loop! 🏘️

For those who missed our legislative update webinar, you can still go back and watch the video on our website!

In addition to the video, you can also download any of the following to share with your community members or use at a board meeting:

- PDF version of the slides
- Transcript of the webinar
- Audio-only version of the webinar

Let us know which topics you'd like us to address in our next webinar!

HOA Legislation & Statutes - commerce.utah.gov RenewalHOA Legislation & Statutes Empowering your homeownership journey with clear insights into the laws that shape your community.HOA Related StatutesUtah Code § 16-6aUtah Revised Nonprofit Corporation ActUtah Code § 57-8Utah Condominium Ownership ActUtah Code § 57-8aUtah Community Association ...

🏘️ Ever wondered if there is a limit to how many roommates you can bring into a condo? We just released a new Advisory Opinion that helps clear the air on renting out extra rooms in your home while you're still living there.

Here is the breakdown of the "roommate math" from a recent case:

🛏️ The Request: A homeowner asked to rent out two bedrooms in his residence while maintaining the unit as his primary home.

📜 The Paperwork: The Association’s governing documents (CC&Rs) required written consent to lease individual rooms to separate people.

🚗 The Parking Piece: The Association limited the rental to just one bedroom to prevent overcrowding in the guest parking and common areas.

The "Why" Behind the Rules

Think of it like a community carpool—if one person brings extra guests, it can get a little crowded for everyone else! Utah law allows condo associations to set these kinds of rental rules to protect the "fair use" of shared spaces like parking lots and facilities. In this case, the limit was considered a reasonable compromise that followed the law while balancing the homeowner's request with the needs of the entire community.

Curious about the legal details and how this applies to your neighborhood? Check out the full Advisory Opinion (No. 2026-16) at the link below!

🔗https://commerce.utah.gov/wp-content/uploads/2026/04/Advisory-Opinion-2026-16.pdf

Ever wondered if your HOA can tell you where to park on a public city street? 🚗💨 We’ve got some neighborhood news you won’t want to miss regarding the limits of association authority!

Our Office recently issued an Advisory Opinion to help clear the air on this common dispute. Here is the breakdown:

🚫 Public Streets are Public: Utah law strictly prohibits community associations from imposing any requirements or restrictions on the use of public streets.

📜 State Law is the "Head Referee": The Utah Community Association Act is the highest legal authority. It overrides any contrary language in an HOA’s rules or CC&Rs, regardless of when those documents were recorded.

💸 Invalid Rules = No Fines: Because associations lack the authority to regulate public roads, any fines issued for parking on a public street are void and cannot be collected.

Why the change of lanes? 🛣️ While associations have broad authority to manage their own community land, public rights-of-way—which include roads, lanes, and even alleys—belong to the public. Utah law (specifically Section 57-8a-218) ensures that your right to use these public ways is protected from private association rules, even if those rules have been on the books since 2002.

Knowledge is power for a happy neighborhood! 🏡 Share this post with your neighbors to keep everyone in the loop.

To read the full legal analysis of Advisory Opinion No. 2026-15, click here:https://commerce.utah.gov/wp-content/uploads/2026/04/Advisory-Opinion-2026-15.pdf