This is the second installment in our series about Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of. For an explanation of why we think these statutes are important, please see Part 1.
Records: Utah Code §§ 57-8-17 (Condominium Ownership Act) & 57-8a-227 (Community Association Act)
These statutes require an association to keep and make documents available to owners in accordance with the association’s governing documents and with Sections 16-6a-1601 to -1603, -1605, -1606, and -1610 of the Utah Revised Nonprofit Corporation Act, regardless of whether the association is incorporated. The association can redact the following information from documents before producing them for inspection or copying: social security numbers, bank account numbers, and any communications subject to the attorney-client privilege. The association must comply with requests by owners to inspect or copy documents. An owner may request to inspect or copy documents, request that the association make copies or electronic scans of the requested documents, or request that a third party service make the copies or scans. If the association or a third party service makes the copies or scans, the requesting owner shall pay the associated costs.
If the association does not comply with these requirements and fails to remedy the noncompliance within the time specified in an owner’s demand, which must be at least 10 days, the owner may file an action against the association in state court and may be awarded the remedies discussed in Part 1 of this series.
If an owner files an action against the association, the court may take expedited action. If the owner files a motion, gives notice to the association, and a hearing is held in which the court finds a likelihood that the association failed to comply with this statute, the court will order the association to immediately comply. This hearing must be held within 30 days after the owner files his or her motion.