This is the third 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.
Open Meetings: Utah Code §§ 57-8-57 (Condominium Ownership Act) & 57-8a-226 (Community Association Act)
These statutes require an association to give written notice of management committee or board of directors meetings via email to each owner who requests such notice. The notice must be given at least 48 hours before the meeting, and must include the time, date and location of the meeting. If management committee/board members can participate in the meeting remotely, the association must provide information to allow owners to participate the same way.
These statutes also require that management committee/board meetings be open to all unit owners or their representatives, if the representative is designated in writing. Meetings can be closed for several reasons, including: to consult with an attorney to obtain legal advice; to discuss ongoing or potential legal proceedings; to discuss a personnel matter; to discuss a matter relating to contract negotiations; to discuss a matter involving an individual that is likely to cause that individual undue embarrassment or violate the individual’s privacy; or to discuss a delinquent assessment or fine.
At each meeting, the management committee/board must allow each unit owner a reasonable opportunity to offer comments, but the committee may limit the comments to one specific time period during the meeting.
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 90 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.
The above requirements do not apply to an association during the period of administrative control.