Equal treatment by rules required -- Limits on rules.

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  • (1)
    • (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit owners similarly.
    • (b) Notwithstanding Subsection (1)(a), a rule may:
      • (i) vary according to the level and type of service that the association of unit owners provides to unit owners;
      • (ii) differ between residential and nonresidential uses; or
      • (iii) for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant's guest or as the unit owner's guest.
  • (2)
    • (a) If a unit owner owns a rental unit and is in compliance with the association of unit owners' governing documents and any rule that the association of unit owners adopts under Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a rental unit.
    • (b) Notwithstanding Subsection (2)(a), a rule may:
      • (i) limit or prohibit a rental unit owner from using the common areas and facilities for purposes other than attending an association meeting or managing the rental unit;
      • (ii) if the rental unit owner retains the right to use the association of unit owners' common areas and facilities, even occasionally:
        • (A) charge a rental unit owner a fee to use the common areas and facilities; and
        • (B) for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant's guest or as the unit owner's guest; or
      • (iii) include a provision in the association of unit owners' governing documents that:
        • (A) requires each tenant of a rental unit to abide by the terms of the governing documents; and
        • (B) holds the tenant and the rental unit owner jointly and severally liable for a violation of a provision of the governing documents.
  • (3)
    • (a) A rule may not interfere with the freedom of a unit owner to determine the composition of the unit owner's household.
    • (b) Notwithstanding Subsection (3)(a), an association of unit owners may:
      • (i) require that all occupants of a dwelling be members of a single housekeeping unit; or
      • (ii) limit the total number of occupants permitted in each residential dwelling on the basis of the residential dwelling's:
        • (A) size and facilities; and
        • (B) fair use of the common areas and facilities.
  • (4) Unless contrary to a declaration, a rule may require a minimum lease term.
  • (5) Unless otherwise provided in the declaration, an association of unit owners may by rule:
    • (a) regulate the use, maintenance, repair, replacement, and modification of common areas and facilities;
    • (b) impose and receive any payment, fee, or charge for:
      • (i) the use, rental, or operation of the common areas, except limited common areas and facilities; and
      • (ii) a service provided to a unit owner;
    • (c) impose a charge for a late payment of an assessment; or
    • (d) provide for the indemnification of the association of unit owners' officers and management committee consistent with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
  • (6)
    • (a) Except as provided in Subsection (6)(b), a rule may not prohibit a unit owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the owner's condominium unit.
    • (b) A rule may prohibit a unit owner from installing a personal security camera in a common area not physically connected to the owner's unit.
  • (7) A rule shall be reasonable.
  • (8) A declaration, or an amendment to a declaration, may vary any of the requirements of Subsections (1) through (5), except Subsection (1)(b)(ii).
  • (9) This section applies to an association of unit owners regardless of when the association of unit owners is created.




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