57-8-39. Limitation on requirements for amending declaration or bylaws

(1) When the period of control described in Section 57-8-16.5 ends, neither the declaration nor bylaws may require that an amendment to the declaration or bylaws be approved by more than 67% of the voting interests.

(2) Voting interests under Subsection (1) are calculated in the manner required by the declaration or bylaws.

(3) Nothing in this section affects any other rights reserved by a declarant.

(4) Subsection (1) does not apply to an amendment affecting only:

(a) the undivided interest of each unit owner in the common areas and facilities, as expressed in the declaration;

(b) unit boundaries; or

(c) members’ voting rights.

(5) (a) A contract for services such as garbage collection, maintenance, lawn care, or snow removal executed on behalf of the association during a period of administrative control is binding beyond the period of administrative control unless terminated by the board of directors after the period of administrative control ends.

(b) Subsection (5)(a) does not apply to golf course and amenity management, utilities, cable services, and other similar services that require an investment of infrastructure or capital.

Enacted by Chapter 223, 2007 General Session

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