PETITION FOR LEGAL COMPLIANCE AND COMMUNITY GOVERNANCE AMENDMENTS

SMITHFIELD POINTE HOA HOMES

TO: Neighborhood Nonprofit Housing Corporation (Declarant)
FROM: Homeowners of Smithfield Pointe HOA Community
DATE: August, 9, 2025
RE: Amendments to Cure Legal Violations and Bad Faith Declaration of Covenants, Conditions, and Restrictions Recorded June 26, 2025, Cache County Entry No. 1378814

EXECUTIVE SUMMARY

This petition identifies and remedies fundamental legal violations in the current CC&Rs that expose both homeowners and the Declarant to civil liability, regulatory sanctions, and criminal violations. The fifty-seven (57) amendments herein represent good faith corrections to establish legal compliance with Utah state law, federal regulations, and constitutional requirements, and other provisions for balanced power between home owners and the declarant.

Critical Timing: These amendments must be implemented before the HOA begins operations to prevent violations rather than remediate them after harm occurs.

I. LEGAL FOUNDATION AND AUTHORITY

Primary Statutory Framework

• Utah Code Title 57, Chapter 8a (Community Association Act), as amended by House Bill 217 (2025 General Session, effective May 7, 2025)
• Utah Code § 57-8a-502 (Declarant Duties)
• Utah Code § 57-8a-104 (Amendment Procedures and Voting Requirements)
• Utah Code § 76-6-206 (Criminal Trespass)
• Utah Code § 16-6a-822 (General Standards for Directors)
• Utah Code § 16-6a-825 (Director Conflict of Interest)
• Federal Fair Housing Act, 42 U.S.C. §§ 3601-3619
• Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213
• FHA Handbook 4000.1 (HOA Control Transfer Requirements)
• VA Lender's Handbook (Owner Control Requirements)

Case Law Authority

• Hi-Country Estates Homeowners Ass'n v. Frank, 2023 UT 25 (voidable versus void provisions)
• Reedeker v. Salisbury, 952 P.2d 577 (Utah Ct. App. 1998) (director liability standards)
• Resource Management Co. v. Weston Ranch, 706 P.2d 1028 (Utah 1985) (illusory promises)
• Mullane v. Central Hanover Bank, 339 U.S. 306 (1950) (due process notice)
• Mathews v. Eldridge, 424 U.S. 319 (1976) (due process balancing test)
• City of Lakewood v. Plain Dealer Publishing, 486 U.S. 750 (1988) (vague standards)

II. CRIMINAL LAW VIOLATIONS REQUIRING IMMEDIATE CORRECTION

The current Declaration authorizes acts constituting criminal offenses:

1. Utah Code § 76-6-206 - Criminal Trespass (Class B Misdemeanor)
   • Article XIV authorizes entry without consent

III. AMENDMENTS REQUIRED FOR LEGAL COMPLIANCE & GOOD FAITH GOVERNANCE

AMENDMENT 1: ELIMINATION OF UNILATERAL AMENDMENT POWER

Replaces Article XV, Section 15.1 and Article XVI

Current Illegal Language:

"Until after the termination of the Period of Declarant Control, the Declaration and the Plat may be amended solely by the Declarant without any additional approval required."

Legal Violations:

• Utah Code § 57-8a-104(1)(a)(iv): "The board may not amend the declaration"
• Creates effective 100% approval requirement violating 67% statutory cap
• Violates principles of democratic governance and vested property rights
• Creates illusory promises under Resource Management Co. v. Weston Ranch, 706 P.2d 1028

Required Amendment:

16.1 Amendment Procedures - Owner Approval Required with Limited Exceptions.

(a) OWNER APPROVAL REQUIRED: All amendments to this Declaration require approval by Owners holding at least fifty-one percent (51%) of the total voting interests in the Association, INCLUDING during the Period of Declarant Control, except as specifically provided in subsection (b) below. Voting interests are calculated in the manner required by the governing documents.

(b) LIMITED DECLARANT TECHNICAL AUTHORITY: During the Period of Declarant Control, the Declarant may amend this Declaration WITHOUT Owner approval ONLY for the following limited technical purposes:

- To add the legal descriptions of real estate being added to the Association as part of a new phase, pursuant to the Declarant's reserved development rights as defined in Utah Code § 57-8a-102(8).

- To record new or supplemental plats for additional phases being added to the Association, consistent with the procedures outlined for expandable projects.

- To correct scrivener's errors, typographical errors, or other non-substantive defects in the Declaration or other governing documents, provided such corrections do not alter the substantive rights or obligations of any Owner or the Declarant.

- To conform the Declaration to the mandatory requirements of applicable federal, state, or local law.

(c) PROHIBITED UNILATERAL CHANGES: Notwithstanding the limited authority granted in Section 16.1(b), the Declarant may NEVER unilaterally amend the Declaration or other governing documents to:

- Increase assessment rates or add new categories of fees, except for uniform increases applicable to all Lots as part of an adopted annual budget.

- Change use restrictions or architectural standards in a manner that is not uniformly applicable to all similar Lots within the community.

- Modify voting rights or governance procedures, including but not limited to quorum requirements or election rules.

- Alter maintenance, repair, or replacement responsibilities between the Association and the Lot Owners.

- Create new affirmative obligations or financial burdens on Lot Owners, except as is the necessary and proportional result of adding new phases as permitted herein.

- Extend the Period of Declarant Control.

- Modify these amendment procedures as set forth in this Article XVI.

- Diminish the fiduciary duties owed by the Declarant to the Association or its Members as established by Utah law.

- Alter any provision of the governing documents that requires the Declarant to fund reserves or post a bond for common area improvements.

- Sell, transfer, or encumber any property designated as Common Area on a recorded plat.

(d) ANTI-CIRCUMVENTION:

- The Declarant shall not use the limited technical amendment authority granted in Section 16.1(b) to achieve, in one or a series of amendments, any substantive change that is prohibited under Section 16.1(c). Any such amendment shall be judged by its substance and effect, not its form or title.

- Any amendment to this Section 16.1(d) shall require the affirmative vote of Owners holding at least sixty-seven percent (67%) of the total voting interests in the Association.

- Any amendment attempted in violation of this Article XVI shall be void ab initio.

SCOPE: Preserves legitimate development while protecting democratic rights.

LIMITATIONS: Does not prevent phased development or technical corrections.

AMENDMENT 2: REJECTION OF ARBITRARY LOT CLASSIFICATIONS

Adds new Section 2.7 to Article II

Legal Violation: Unilateral classification without owner consent or demonstrated benefit

Required Amendment:

2.7 Rejection of Arbitrary Classifications.

(a) REJECTION OF ARBITRARY CLASSIFICATIONS:

The unilateral division of homes into "townhome," "duplex," "cluster," and

"single family detached" categories is REJECTED as:

- Created without owner consent

- Lacking transparent justification

- Used to justify unexplained differential treatment

- Potentially violating equal protection principles

- Fundamentally changes the structure of the HOA

- Violates vested property rights

(b) EQUAL TREATMENT BASELINE:

- All residential lots receive equal voting rights (one vote per lot)

- All lots have equal access to common areas

- Maintenance standards apply equally to similar structures

- Use restrictions apply uniformly

(c) ASSESSMENT DIFFERENTIATION PERMITTED ONLY IF:

- Based on actual measurable differences in:

* Association maintenance responsibilities

* Common area usage rights

* Utility services provided

- Supported by detailed cost analysis

- Approved by 67% of all owners

- Subject to annual review and adjustment

NOTE: Section 5.8 allowing different assessment rates based on actual

maintenance differences is preserved but requires owner approval and

transparent justification.

(d) FUTURE CLASSIFICATIONS:

Any future classification of lots requires:

- Demonstrated substantial benefit to affected owners

- Detailed cost/benefit analysis

- 75% approval of affected lot owners

- Right to opt out with grandfathering

(e) MAINTENANCE-BASED DIFFERENCES ACKNOWLEDGED:

Where the Association provides different levels of maintenance

(per Exhibit C), assessments may reflect actual cost differences

with transparent documentation.

SCOPE: Ensures equal treatment while allowing justified differentiation.

LIMITATIONS: Does not prevent legitimate commercial/residential distinctions.

AMENDMENT 3: MANDATORY BOARD COMPOSITION AND CONTROL TERMINATION

Amends Article XII, Article I (Definitions), and Bylaws Article IV

Legal Violations:

• Denies homeowner participation violating fiduciary duties under § 57-8a-502
• Violates FHA Handbook 4000.1 requiring transition within reasonable time
• Violates VA Lender's Handbook requiring eventual owner control

Required Amendment:

12.6 Hybrid Board Structure and Absolute Control Termination.

(a) IMMEDIATE HYBRID BOARD (Effective upon recording):

Phase 1 (Upon 20 lots in HOA): 5-member Board

- 2 Owner-elected positions (40%)

- 3 Declarant-appointed positions (60%)

- Elections within 60 days (Penalty: $100/day)

Phase 2 (Upon 50 lots HOA): 6-member Board

- 3 Owner-elected positions (50%)

- 3 Declarant-appointed positions (50%)

Phase 3 (Upon 100 lots HOA): 7-member Board

- 4 Owner-elected positions (57%)

- 3 Declarant-appointed positions (43%)

(b) MANDATORY CONTROL TERMINATION (Earliest occurrence):

- Seven (7) years from recording (June 26, 2032) - ABSOLUTE DEADLINE

- 75% of planned units sold to third parties

- 150 total units subjected to Declaration

- Voluntary relinquishment by Declarant

- NO EXTENSIONS FOR ANY REASON

(c) TRANSITION TIMELINE WITH DAILY PENALTIES:

12 Months Before: Written notice required ($100/day if late)

6 Months Before: Independent audit begins ($500/day if late)

90 Days Before: Final date locked ($1,000/day if late)

30 Days Before: Election notice sent ($2,500/day if late)

Transition Day: Complete transfer ($5,000/day if late)

24 Hours After: All assets transferred ($5,000/day continuing)

(d) AUTOMATIC REMEDIES FOR DELAYS:

30 Days Late: Owners may petition court for immediate transition

60 Days Late: Control AUTOMATICALLY transfers to owners

(e) FIDUCIARY DUTIES:

All directors owe duties under Utah Code § 16-6a-822 regardless of appointing party.

SCOPE: Ensures timely transition with enforceable deadlines.

LIMITATIONS: Does not affect development rights during control period.

AMENDMENT 4: ABSOLUTE PROHIBITION ON ENTRY - CRIMINAL TRESPASS PROTECTION

Replaces Article XIV entirely

Legal Violations:

• Utah Code § 76-6-206: Criminal Trespass (Class B Misdemeanor)
• Utah Code § 76-2-202: Criminal Liability for Direct Commission
• Utah Code § 76-2-205: Criminal Liability for Conduct of Another (conspiracy)
• Fourth Amendment privacy violations

Required Amendment:

ARTICLE XIV - NO RIGHT OF ENTRY - CRIMINAL LAW COMPLIANCE

14.1 Criminal Trespass Warning.

Utah Code § 76-6-206 makes unauthorized entry a CRIME:

- NO HOA EXCEPTION EXISTS IN LAW

14.2 Association Has ZERO Entry Authority.

(a) Legal status: Private corporation only

(b) Same rights as any private citizen

(c) No emergency exception

(d) No maintenance exception

(e) No inspection authority

(f) Board members personally liable for authorizing entry

14.3 Voluntary Consent Requirements.

IF an Owner voluntarily grants access:

- Written consent specifying exact date

- Specific persons authorized by name

- Specific purpose and scope stated

- Owner may revoke anytime before entry

- NO consequences for refusing access

- New consent required for each entry

14.4 Emergency Procedures - Legal Options Only.

Life Safety Emergency:

- CALL 911 - responders have legal authority

- Document from public areas only

- Seek voluntary owner consent

14.5

Shared Structure Process.

(a) GENUINELY SHARED STRUCTURES:

- Load-bearing walls between units

- Continuous roof structures

- Shared foundations

- NOT fences, driveways, or landscaping

(b) VOLUNTARY COOPERATION REQUIRED:

- 45-day written notice with professional assessment

- Three competitive bids required

- Voluntary written agreement from ALL affected owners

- If refused: Document and seek court order

- NO forced entry or fines for refusal

(c) EMERGENCY STRUCTURAL ISSUES:

- Call 911 for immediate collapse danger

- Court order required for urgent repairs

- Criminal trespass laws apply without court order

14.6 Association Liability for Violations.

- Criminal prosecution referral mandatory

- Personal liability for Board/agents

- Punitive damages

- Attorney fees to owner

- Loss of all enforcement authority

SCOPE: Applies to all residential units and private lots.

LIMITATIONS: Does not affect recorded utility easements or government authority with warrants.

AMENDMENT 5: LATE FEE AND INTEREST RATE COMPLIANCE

Amends Article V, Section 5.15

Legal Violations:

• Current $25 flat fee violates Utah Code § 57-8a-201 as amended by House Bill 217 (2025 General Session) when applied to assessments under $250

Required Amendment:

5.15 Late Charges and Interest - Statutory Compliance with Owner Benefits Preserved.

(a) LATE FEE CALCULATION per Utah Code § 57-8a-201(8):

The GREATER of:

- Twenty-Five Dollars ($25.00), OR

- Ten percent (10%) of the unpaid assessment

Examples for clarity:

- $100 assessment: $25 late fee (current minimum preserved)

- $250 assessment: $25 late fee (current minimum preserved)

- $300 assessment: $30 late fee (10% applies)

- $1,000 assessment: $100 late fee (10% applies)

(b) INTEREST RATE - PRESERVED AT LOWER RATE:

- Maximum 12% per annum (1% monthly)

- Simple interest only - NO compounding

- Begins 30 days after due date

(c) PROHIBITED PRACTICES:

- No pyramiding of late fees

- No multiple fees for same delinquency

- No acceleration of future assessments

- No collection costs until lawsuit filed

(d) AUTOMATIC SUSPENSION OF FEES/INTEREST:

- During formal dispute resolution

- Pending disability accommodation request

- During payment plan negotiations

- While appeal pending

- During bankruptcy proceedings

(e) PAYMENT APPLICATION ORDER PRESERVED:

Payments credited in following order (preserves current Section 5.16(6)):

1. Collection costs and attorney fees

2. Interest and late fees

3. Oldest assessments

4. Most recent assessments

This order benefits owners by paying off accruing items first.

SCOPE: Applies to all assessments and charges.

LIMITATIONS: Does not apply to court-ordered attorney fees.

AMENDMENT 6: COMPREHENSIVE DUE PROCESS REQUIREMENTS

Adds to Article XI

Legal Violations:

• Fourteenth Amendment due process violations
• Utah Code § 57-8a-208 notice and hearing requirements
• Violates Mullane v. Central Hanover Bank, 339 U.S. 306 (notice requirements)
• Fails Mathews v. Eldridge, 424 U.S. 319 due process balancing test

Required Amendment:

11.3 Mandatory Due Process for All Enforcement.

(a) WRITTEN NOTICE REQUIREMENTS - Must Include:

- Specific Declaration provision violated (Article/Section quoted in full)

- Date(s) and time(s) of alleged violation

- Photographic or documentary evidence

- Specific actions required to cure

- Deadline for cure (date and time)

- Statement of potential consequences

- Hearing rights and procedures

- Appeal information

(b) MINIMUM CURE PERIODS BY VIOLATION TYPE:

- Continuing violations: 48 hours minimum

- Architectural violations: 30 days minimum

- Landscaping issues: 14 days minimum

- First offense of any type: 7 days with warning only

- Good faith extension if 50% complete

(c) HEARING PROCEDURES:

Request: Within 30 days of notice

Scheduling: Within 14 days of request

Panel Composition:

- 3 members minimum

- No member who filed complaint

- At least 1 non-Board member

- All must be disinterested parties

Hearing Process:

- Owner presents case first

- Association presents second

- Owner rebuttal permitted

- Recording or transcript required

- Witnesses permitted

- Evidence rules relaxed

- Written decision within 14 days

(d) FINE LIMITATIONS:

- First offense: Warning only - no fine

- Second offense (within 12 months): $50 maximum

- Third offense: $100 maximum

- Fourth and subsequent: $150 maximum

- Daily fines: $25/day maximum

- Monthly cap: $500

- Annual cap per lot: $1,000

(e) APPEAL RIGHTS:

- 30 days to appeal to full Board

- 180 days to appeal to district court

- Automatic stay of fines during appeal

- Attorney fees to prevailing party

SCOPE: All enforcement actions without exception.

LIMITATIONS: True emergencies may have 24-hour notice.

AMENDMENT 7: OBJECTIVE ARCHITECTURAL STANDARDS

Amends Article X

Legal Violations:

• Vague "harmony" standards violate due process
• Violates City of Lakewood v. Plain Dealer Publishing, 486 U.S. 750 (1988) (vague standards unconstitutional)
• Utah Code § 57-8a-109 as amended by HB 217 (2025) requires specific reasons citing governing documents

Required Amendment:

10.9 Objective Architectural Standards Required.

(a) WRITTEN GUIDELINES MANDATORY:

- Approved materials list with specifications

- Paint colors with manufacturer codes

- Dimensional requirements (heights, setbacks)

- Prohibited items with safety/structural reasons

- Photographic examples of approved designs

- Objective measurable criteria only

(b) DECISION REQUIREMENTS per HB 217:

- 45-day deadline or DEEMED APPROVED

- Denial must cite specific guideline violations

- Must specify exact changes for approval

- Similar applications treated identically

- Written decision with rationale required

(c) PROTECTED IMPROVEMENTS per Utah Code § 57-8a-701:

- Solar panels (restrictions limited to 10% efficiency impact)

- ADA/Fair Housing accessibility modifications

- Drought-resistant landscaping

- Security cameras on owner's property

- Fire-resistant materials (HB 217)

- Emergency egress improvements

- Amateur radio antennas (FCC)

- Satellite dishes under 1 meter

(d) APPEAL PROCEDURES:

- 30 days to Board appeal

- Then to membership vote

- Then to mediation/arbitration

- Prevailing party attorney fees

SCOPE: Exterior modifications visible from common areas.

LIMITATIONS: Interior modifications not reviewable.

AMENDMENT 8: SOLAR ENERGY RIGHTS

Replaces Article IX, Section 9.13

Current Illegal Language: "Solar energy systems...shall be prohibited"

Legal Violations:

• Direct violation of Utah Code § 57-8a-701 (HOA-specific protection)
• Violates Utah Code § 10-9a-610 (municipal renewable energy rights)
• Contradicts public policy favoring renewable energy and energy independence
• May violate federal energy policy

Required Amendment:

9.13 Solar Energy Rights Absolutely Protected.

(a) INSTALLATION RIGHTS GUARANTEED:

- Rooftop solar panels

- Wall-mounted systems

- Ground-mounted within lot boundaries

- Battery storage systems

- Solar water heaters

- Electric vehicle charging stations

(b) PERMISSIBLE REGULATIONS (Limited):

- Placement ONLY if alternative reduces efficiency less than 10%

- Screening ONLY if efficiency reduced less than 10%

- Building code compliance required

- Licensed installer required

(c) PROHIBITED RESTRICTIONS:

- Cannot ban or prohibit installations

- Cannot require pre-approval for code-compliant systems

- Cannot impose unreasonable delays or costs

- Cannot require removal of existing systems

- Cannot restrict based on aesthetics alone

SCOPE: All solar and renewable energy systems.

LIMITATIONS: Must comply with building and electrical codes.

AMENDMENT 9: ELIMINATION OF TRANSFER FEES

Strikes Article V, Section 5.19 entirely

Legal Violations:

• Utah Code § 57-1-46 as amended by House Bill 217 (2025) prohibits transfer fees unless used solely for actual transfer expenses
• Transfer fees constitute unreasonable restraint on alienation

Required Amendment:

5.19 [DELETED - Transfer Fees Prohibited]

Transfer fees are prohibited under Utah Code § 57-1-46 as amended by

House Bill 217 (2025). No transfer, reinvestment, or similar fees may

be charged upon property sale or transfer except actual documented costs

of ownership record changes not to exceed $50.

Any transfer fees previously collected and not yet expended must be:

- Refunded pro-rata to contributing owners, OR

- Applied to reduce current year assessments

SCOPE: All property transfers.

LIMITATIONS: Does not affect legitimate recording fees.

AMENDMENT 10: HOMESTEAD EXEMPTION PROTECTION

Strikes Article V, Section 5.22

Legal Violations:

• Mandatory homestead waivers violate Utah Constitution Article XXII

Required Amendment:

5.22 Homestead Rights Preserved.

The homestead exemption under Utah Constitution Article XXII and Utah

Code § 78B-5-503 is absolutely preserved. No Owner may be required to

waive homestead protections. Any purported waiver is void as contrary

to public policy.

SCOPE: All residential properties.

LIMITATIONS: None - constitutional right.

AMENDMENT 11: INDEMNIFICATION LIMITATIONS

Amends Bylaws Article VII

Legal Violations:

• Broad indemnification for illegal acts violates public policy
• Exceeds limits in Utah Code § 16-6a-902 (nonprofit indemnification)
• Violates Utah Code § 16-6a-903 (prohibited indemnification)

Required Amendment:

Article VII - Indemnification Limited to Lawful Acts.

NO indemnification permitted for:

(a) Criminal acts or omissions

(b) Intentional violations of law

(c) Gross negligence or willful misconduct

(d) Bad faith actions

(e) Self-dealing or conflicts of interest

(f) Actions outside scope of authority

(g) Breach of fiduciary duties

(h) Discrimination or civil rights violations

(i) Authorization of criminal trespass

Indemnification allowed ONLY for good faith actions within legal authority.

SCOPE: All Board members, officers, and agents.

LIMITATIONS: Insurance may provide broader coverage if available.

AMENDMENT 12: VOTING RIGHTS AND QUORUM

Amends Article III and Article XVI

Legal Violations:

• Requirements exceed Utah Code § 57-8a-104 caps
• Need to preserve beneficial low quorum for routine business

Required Amendment:

3.5 Voting Requirements Compliant with Law While Preserving Flexibility.

(a) QUORUM REQUIREMENTS - TIERED APPROACH:

For Routine Business Meetings:

- Those present constitute a quorum (preserves Bylaws Section 3.7)

- Allows efficient conduct of regular business

For Significant Actions:

- Annual elections: 51% quorum required

- Declaration amendments: 51% minimum per statute

- Special assessments over budget: 51% quorum

- Borrowing over $10,000: 51% quorum

If 51% quorum not achieved for significant actions:

- May reschedule once with 25% quorum

- Notice of rescheduled meeting within 3 days

(b) APPROVAL THRESHOLDS:

- Routine matters: Simple majority when quorum present

- Special assessments over annual budget: 51% of all members

- Declaration amendments: Maximum 67% (cannot exceed)

- Borrowing over $10,000: Majority approval

- Litigation against Declarant: Simple majority

(c) VOTING METHODS PERMITTED:

- In person

- Electronic voting with authentication

- Proxy (valid 180 days - extended for convenience)

- Absentee ballot (valid 180 days)

- Secret ballot for contested elections

(d) VOTING RIGHTS PROTECTION:

- Cannot suspend for delinquencies under 60 days

- Cannot suspend during disputes

- Cannot suspend for minor violations

- Fundamental participation right

SCOPE: All member votes.

LIMITATIONS: Emergency actions by Board between meetings.

AMENDMENT 13: RENTAL RIGHTS PROTECTION

Amends Article IX, Section 9.14

Legal Violations:

• Missing mandatory exceptions under Utah Code § 57-8a-209

Required Amendment:

9.14 Rental Rights with Mandatory Exceptions.

(a) MANDATORY RENTAL EXCEPTIONS per Utah Code § 57-8a-209:

- Active military deployment/PCS (orders required)

- Family members defined by Utah Code § 30-1-1

- Work relocation exceeding 100 miles

- Estate administration (24 months)

- Medical/disability accommodation

- Single roommate in owner-occupied unit

- Financial hardship (bankruptcy/foreclosure)

(b) PROHIBITED REQUIREMENTS:

- Cannot require minimum lease terms beyond local law

- Cannot require lease copies (privacy violation)

- Cannot approve/disapprove tenants

- Cannot charge rental fees

- Cannot limit number beyond statutory authority

(c) OWNER OBLIGATIONS:

- Provide HOA rules to tenants

- Remain liable for tenant violations

- Provide tenant contact information (15 days)

(d) NO APPROVAL REQUIRED:

- Notice only system

- Cannot deny for any reason

SCOPE: All residential rentals.

LIMITATIONS: Commercial rentals may be regulated.

AMENDMENT 14: RESERVE FUND REQUIREMENTS

Adds to Article V

Legal Violations:

• Absence violates Utah Code § 57-8a-211

Required Amendment:

5.23 Reserve Fund Analysis and Funding.

(a) ANALYSIS REQUIREMENTS:

- Professional analysis every 6 years

- Updates every 3 years

- 30-year projection required

- Include all common elements

(b) FUNDING REQUIREMENTS:

- Minimum 70% of recommended levels

- Alternative requires 60% owner approval

- Separate FDIC-insured accounts

- Two signatures for withdrawals

(c) PERMITTED USES:

- Capital repairs per study

- Emergency repairs over $5,000

- No borrowing from reserves

(d) REPORTING:

- Quarterly balance reports

- Annual funding analysis

- Posted on website

SCOPE: All common area capital items.

LIMITATIONS: Operating expenses excluded.

AMENDMENT 15: INSURANCE DEDUCTIBLE ALLOCATION

Amends Article VIII

Legal Violations:

• Arbitrary allocation violates equity principles

Required Amendment:

8.15 Insurance Deductible - Fault-Based Allocation.

(a) ALLOCATION BY RESPONSIBILITY:

- Owner at fault: Owner pays entire deductible

- Association negligence: Common expense

- No fault/Act of God: Proportional by benefit

- Criminal acts: Perpetrator pays if identified

(b) DETERMINATION PROCESS:

- Insurance company determination controls

- Neutral arbitrator if disputed

- Appeal rights preserved

(c) PAYMENT PLANS:

- Available for amounts over $500

- 12-month minimum term

- No interest if current on assessments

SCOPE: All insurance claims.

LIMITATIONS: Does not affect subrogation rights.

AMENDMENT 16: MEETING TRANSPARENCY

Adds to Article VI

Legal Violations:

• Closed meetings violate Utah Code § 57-8a-226

Required Amendment:

6.15 Open Meeting Requirements.

(a) ALL MEETINGS OPEN EXCEPT:

- Attorney-client privilege

- Personnel matters

- Contract negotiations

- Individual delinquencies

- Litigation strategy

(b) NOTICE REQUIREMENTS:

- 48-hour advance notice

- Agenda included

- Electronic access provided

(c) OWNER PARTICIPATION:

- Comment period required

- 3 minutes minimum per owner

- Written comments accepted

(d) MINUTES:

- Available within 14 days

- Posted on website

- Include all decisions

SCOPE: All Board and committee meetings.

LIMITATIONS: Emergency meetings with 24-hour notice.

AMENDMENT 17: RECORDS ACCESS RIGHTS

Adds to Article XVIII

Legal Violations:

• Failure to provide access violates Utah Code § 57-8a-227
• Violates House Bill 217 (2025) requiring 14-day response deadline

Required Amendment:

18.11 Records Access Guaranteed.

(a) REQUIRED RECORDS:

- Financial statements (3 years)

- Meeting minutes (3 years)

- Contracts over $5,000

- Insurance policies

- Governing documents

- Member roster

- Correspondence

(b) ACCESS per HB 217:

- 14-day response deadline

- Electronic copies free under 50 pages

- Paper copies at $0.10 per page

- First annual request free

(c) PENALTIES FOR NON-COMPLIANCE:

- $50/day after deadline

- Attorney fees to requesting owner

- Personal liability for willful violations

SCOPE: All Association records except privileged.

LIMITATIONS: Personnel and legal files exempt.

AMENDMENT 18: FAIR DISPUTE RESOLUTION

Amends Article XVI

Legal Violations:

• One-sided procedures violate equal protection

Required Amendment:

Article XVI - Fair Dispute Resolution.

(a) EQUAL TREATMENT:

- Same cure periods for all parties

- Same notice requirements

- Equal access to procedures

(b) GOOD FAITH NEGOTIATION:

- 30 days required

- Written positions exchanged

- Board facilitator if requested

(c) MEDIATION:

- Costs shared equally

- Neutral mediator required

- Location convenient to all

(d) PRESERVED RIGHTS:

- No mandatory arbitration for civil rights

- Jury trial preserved

- Class actions permitted

- Small claims available

(e) ATTORNEY FEES:

- Prevailing party recovers

- Includes appeals

- Includes enforcement

SCOPE: All disputes involving Association.

LIMITATIONS: Collection actions exempt from mediation.

AMENDMENT 19: USE RESTRICTION LIMITATIONS

Amends Article IX

Legal Violations:

• Multiple violations of Utah Code § 57-8a-701 protections

Required Amendment:

9.18 Protected Activities - Cannot Be Restricted.

The Association SHALL NOT restrict:

(a) Political signs

(b) Religious symbols or displays

(c) American flag and state flag display

(d) Legal home businesses with no external impact

(e) Interior activities not visible outside

(f) Satellite dishes under 1 meter (FCC)

(g) Service/emotional support animals

(h) Electric vehicle charging

(i) Water-conserving landscaping

(j) Composting in rear yards

(k) Fire-resistant materials

(l) Security cameras on own property

(m) Holiday decorations (reasonable time)

(n) Children's play equipment in rear yards

(o) VARIANCE AUTHORITY PRESERVED:

The Board retains authority to grant variances from use restrictions

per Section 9.15 when:

- Restriction creates unreasonable hardship

- Changed circumstances make restriction obsolete

- Activity will not adversely affect other owners

- Variance consistent with community quality of life

- Requires unanimous Board vote and written documentation

SCOPE: All protected activities and hardship situations.

LIMITATIONS: Reasonable time, place, manner regulations only.

AMENDMENT 20: FAIR HOUSING COMPLIANCE

Adds Article XIX

Legal Violations:

• Absence of protections violates federal Fair Housing Act

Required Amendment:

Article XIX - Fair Housing Commitment.

(a) PROTECTED CLASSES - No Discrimination Based On:

- Race, color, national origin

- Religion or creed

- Sex, sexual orientation, gender identity

- Disability (physical or mental)

- Familial status (children under 18)

- Source of income

- Military status

(b) REASONABLE ACCOMMODATIONS:

- Provided at no charge

- Processed within 14 days

- Interactive process required

- Cannot require medical details beyond necessity

(c) REASONABLE MODIFICATIONS:

- Permitted at owner expense

- No restoration required for accessibility

- Expedited review (14 days)

(d) TRAINING:

- Annual for all Board members

- Within 30 days of election

- Association expense

SCOPE: All Association activities.

LIMITATIONS: None - federal requirement.

AMENDMENT 21: BOARD RULEMAKING LIMITATIONS

Adds to Bylaws

Legal Violations:

• Unlimited rulemaking exceeds delegated authority

Required Amendment:

Board Rulemaking Authority Limited.

(a) BOARD CANNOT:

- Create new use restrictions

- Add financial obligations

- Change voting procedures

- Modify architectural standards

- Alter maintenance responsibilities

(b) BOARD MAY ONLY:

- Interpret existing provisions

- Set reasonable procedures

- Establish schedules

- Clarify ambiguities

(c) RULE ADOPTION PROCESS:

- 30-day comment period

- Consider owner input

- Written rationale required

- Subject to member override by majority

SCOPE: All Board rules.

LIMITATIONS: Emergency temporary rules for 90 days maximum.

AMENDMENT 22: ASSESSMENT INCREASE LIMITATIONS

Adds to Article V

Legal Violations:

• Unlimited increases violate reasonableness covenant

Required Amendment:

5.24 Assessment Increase Caps and Procedures.

(a) REGULAR ASSESSMENT INCREASES:

- Up to 3% annually: Board only

- 3-10% increase: Majority at quorum

- Over 10% increase: 60% of all members

- Cumulative 3-year cap: 30% without vote

(b) SPECIAL ASSESSMENTS:

- Under $500 per unit: Board only

- $500-$2,000: Majority at quorum

- Over $2,000: 51% of all members

- Emergency cap: $1,000 with 30-day ratification

(c) NOTICE REQUIREMENTS:

- 45-day advance notice for increases over 5%

- Detailed budget justification

- Comparison to prior year

- Town hall meeting offered

SCOPE: All assessments.

LIMITATIONS: Court-ordered assessments exempt.

AMENDMENT 23: PARKING RIGHTS PROTECTION

Amends Article IX

Legal Violations:

• Driveway restrictions violate House Bill 217 (2025) protections
• HOA lacks authority over public streets per HB 217

Required Amendment:

9.21 Parking Rights Protected.

(a) DRIVEWAYS - Owners May Park:

- Any personal vehicle

- Work vehicles under 1 ton

- RVs for loading (72 hours)

- Guest vehicles

Exceptions only for:

- Commercial vehicles per Utah Code § 72-9-102

- Inoperable vehicles over 72 hours

- Vehicles blocking access

(b) PUBLIC STREETS:

- NO HOA authority per HB 217

- Cannot regulate

- Cannot tow

- Cannot issue citations

(c) COMMON AREA PARKING:

- First-come, first-served

- No reserved spaces without vote

- Guest access required

SCOPE: All parking areas.

LIMITATIONS: Fire lanes and safety requirements.

AMENDMENT 24: FLAG DISPLAY RIGHTS

Adds to Article IX

Legal Violations:

• Restrictions violate House Bill 217 (2025) and federal Flag Code
• Violates First Amendment expressive rights

Required Amendment:

9.22 Flag Display Rights Absolute.

(a) PROTECTED DISPLAYS:

- American flag (4 U.S.C. §§ 1-10, Flag Code)

- Utah state flag

- Military service flags

- POW/MIA flag

- Other national flags

(b) PERMITTED LOCATIONS:

- Windows

- Lots/yards

- Dwelling exteriors

- Reasonable poles

(c) PERMISSIBLE REGULATIONS:

- Size proportional to structure

- Secure mounting

- No commercial messages

- Maintained condition

SCOPE: All flag displays.

LIMITATIONS: Obscene or offensive imagery prohibited.

AMENDMENT 25: INTERIOR AND FENCED AREA PRIVACY

Adds to Article IX

Legal Violations:

• Interior restrictions violate Utah Code

Required Amendment:

9.23 Interior and Fenced Area Privacy Absolute.

(a) NO RESTRICTIONS ON:

- Interior decorating or storage

- Items not visible from outside

- Window treatments from inside

- Activities within units

- Items in privacy-fenced areas

(b) PRIVACY FENCE DEFINED:

- Any fence over 4 feet high

- Any fence intended for privacy

- Regardless of opacity

(c) NO ENHANCED VIEWING:

- No drones for enforcement

- No ladders to look over fences

- No cameras directed at units

- Observations from ground level only

SCOPE: All interior spaces and fenced areas.

LIMITATIONS: Visible nuisances from common areas.

AMENDMENT 26: CONTRACTOR CHOICE FREEDOM

Adds to Article IX

Legal Violations:

• Contractor restrictions violate House Bill 217 (2025) protections

Required Amendment:

9.24 Free Contractor Choice.

(a) OWNERS MAY USE:

- Any licensed contractor

- Any service provider

- Self-performance if capable

(b) ASSOCIATION CANNOT:

- Require preferred vendors

- Require extra licenses

- Charge fees for non-preferred

- Delay approval based on contractor

(c) INSURANCE REQUIREMENTS:

- Only statutory minimums

- Standard coverage acceptable

- No bonds unless legally required

SCOPE: All contractor services.

LIMITATIONS: Must meet licensing requirements.

AMENDMENT 27: FIRE-RESISTANT MATERIALS PROTECTION

Adds to Article X

Legal Violations:

• Restricting safety materials violates House Bill 217 (2025) safety provisions

Required Amendment:

10.10 Fire-Resistant Materials Required Approval.

The Association SHALL NOT restrict:

(a) Class A roofing materials

(b) Non-combustible siding

(c) Fiber cement products

(d) Metal roofing

(e) Fire-rated windows

(f) Hardscape instead of vegetation

(g) Defensible space clearing

Safety takes precedence over aesthetics.

SCOPE: All fire-resistant improvements.

LIMITATIONS: Must meet building codes.

AMENDMENT 28: PET RIGHTS CLARIFICATION

Amends Article IX, Section 9.6

Legal Violations:

• Breed restrictions and vague standards violate Fair Housing

Required Amendment:

9.20 Reasonable Pet Ownership.

(a) PROHIBITED RESTRICTIONS:

- No breed-specific bans

- No weight limits under 75 pounds

- No limits below 2 pets per unit

(b) SERVICE/SUPPORT ANIMALS:

- Exempt from all restrictions

- No registration required

- No fees or deposits

(c) PERMISSIBLE RULES:

- Leash in common areas

- Waste cleanup required

- Noise ordinance compliance

(d) EXISTING PETS:

- Grandfathered absolutely

- Cannot force removal

SCOPE: All domestic pets.

LIMITATIONS: Dangerous animals per local law.

AMENDMENT 29: NUISANCE STANDARDS OBJECTIVITY

Amends Article IX, Section 9.8

Legal Violations:

• Subjective standards violate due process

Required Amendment:

9.19 Objective Nuisance Standards Only.

(a) MEASURABLE STANDARDS REQUIRED:

- Noise: Specific decibel levels and times

- Odors: Multiple independent complaints

- Visual: Specific prohibited items

(b) NORMAL LIVING PROTECTED:

- Children playing

- Regular maintenance noise (8am-8pm)

- Cooking odors

- Holiday celebrations

(c) REASONABLE PERSON STANDARD:

- Not hypersensitive plaintiff

- Community norms considered

- Cultural practices protected

SCOPE: All nuisance determinations.

LIMITATIONS: Health and safety hazards.

AMENDMENT 30: COMMITTEE STRUCTURE REQUIREMENTS

Adds to Bylaws

Legal Violations:

• Lack of owner participation violates governance principles

Required Amendment:

Committee Operations Requirements.

(a) COMPOSITION:

- Generally must include minimum 1 non-Board member

- Majority should be owners when feasible

- Terms limited to 2 years

EXCEPTION: Technical committees requiring specific expertise

(finance, architecture, legal) may be all-Board members if

necessary for qualified oversight

(b) REQUIREMENTS:

- Written charter required, Minutes of meetings, Monthly Board reports, Open meetings unless confidential

(c) LIMITATIONS:

- Advisory only, No binding decisions, No spending authority, Subject to Board override

(d) FLEXIBILITY PRESERVED:

- Board retains discretion per Bylaws Article VI, May form ad-hoc committees as needed

- May dissolve committees when purpose fulfilled

SCOPE: All committees.

LIMITATIONS: Nominating committee independence protected.

AMENDMENT 31: DECLARANT LIABILITY PRESERVATION

Adds to Article XII

Legal Violations:

• Liability waivers violate public policy

Required Amendment:

12.7 Declarant Liability Not Waived.

Nothing in these documents waives:

(a) Construction defect claims

(b) Warranty obligations

(c) Misrepresentation claims

(d) Fiduciary duty breaches

(e) Statutory violations

(f) Personal injury claims

(g) Criminal liability

Statutes of limitation preserved per law.

SCOPE: All claims against Declarant.

LIMITATIONS: None.

AMENDMENT 32: GRANDFATHERING PROTECTIONS

Adds to Article XVI

Legal Violations:

• Retroactive application violates vested rights

Required Amendment:

16.4 Existing Conditions Protected.

(a) GRANDFATHERED ITEMS:

- All existing improvements, Current uses, Existing pets, Current landscaping, Installed equipment

(b) NEW RESTRICTIONS:

- Apply prospectively only

- One-year notice required

- Cannot require removal

- Cannot require modifications

(c) VESTED RIGHTS:

- Protected absolutely

- Include approved plans

- Include permits issued

SCOPE: All existing conditions.

LIMITATIONS: Health/safety hazards with notice.

AMENDMENT 33: MEMBER INITIATIVE RIGHTS

Adds to Article III

Legal Violations:

• Lack of member powers violates democratic principles

Required Amendment:

3.6 Member Initiative Powers.

Members may:

(a) Call special meeting with 20% petition

(b) Propose amendments with 10% support

(c) Remove Board members with 51% vote

(d) Override rules by majority vote

(e) Require Board action with 67% vote

(f) Initiate recall elections

(g) Demand financial audit

No retaliation for exercising rights.

SCOPE: All member actions.

LIMITATIONS: Cannot violate law or vested rights.

AMENDMENT 34: TERM LIMITS

Adds to Bylaws

Legal Violations:

• Perpetual service enables entrenchment

Required Amendment:

Board Term Limits Required.

(a) CONSECUTIVE TERMS:

- Maximum 3 consecutive 2-year terms

- Must skip one year before re-election

(b) LIFETIME MAXIMUM:

- 12 years total service

- Includes partial terms over 1 year

(c) DIVERSITY REQUIREMENT:

- No more than 2 members from same household/family

- Encourages broad participation

SCOPE: All Board positions.

LIMITATIONS: Does not apply during Declarant control.

AMENDMENT 35: ACCESSIBILITY COMPLIANCE

Adds to Article X

Legal Violations:

• Restricting modifications violates Fair Housing Act

Required Amendment:

10.11 Accessibility Modifications Protected.

(a) AUTOMATIC APPROVAL FOR:

- Ramps and lifts, Grab bars, Wider doorways, Accessible routes, Modified kitchens/baths

(b) ASSOCIATION OBLIGATIONS:

- Process within 14 days

- Cannot require restoration

- Waive fees

- Provide reasonable accommodations

(c) COMMON AREA MODIFICATIONS:

- At Association expense if reasonable

- Cannot deny if necessary

SCOPE: All accessibility needs.

LIMITATIONS: None - federal requirement.

AMENDMENT 36: ENVIRONMENTAL SUSTAINABILITY

Adds to Article IX

Legal Violations:

• Environmental restrictions violate public policy

Required Amendment:

9.25 Environmental Conservation Rights.

Owners may:

(a) Install rain barrels and cisterns

(b) Maintain compost systems

(c) Plant native/drought-resistant species

(d) Remove turf grass

(e) Install permeable paving

(f) Use organic practices

(g) Participate in recycling

(h) Install renewable energy

SCOPE: All environmental practices.

LIMITATIONS: Must comply with health codes.

AMENDMENT 37: TECHNOLOGY ACCOMMODATION

Adds to Article IX

Legal Violations:

• Technology restrictions impair modern property use

Required Amendment:

9.26 Technology Rights Protected.

Owners may install:

(a) High-speed internet (any provider)

(b) Electric vehicle charging

(c) Smart home devices

(d) Security systems

(e) Solar + battery systems

(f) Home automation

(g) Wireless equipment

(h) Backup generators

SCOPE: All technology improvements.

LIMITATIONS: Must meet electrical codes.

AMENDMENT 38: BUDGET TRANSPARENCY

Adds to Article V

Legal Violations:

• Lack of transparency violates Utah Code § 57-8a-215

Required Amendment:

5.25 Budget Process Transparency.

(a) DRAFT BUDGET:

- 30-day comment period

- Line-item detail

- Prior year comparison

- Variance explanations

(b) OWNER PARTICIPATION:

- Town hall meeting

- Written comments accepted

- Alternative proposals considered

- Board response required

(c) REPORTING:

- Quarterly variance reports

- Posted on website

- Annual audit or review

SCOPE: All financial matters.

LIMITATIONS: Personnel matters confidential.

AMENDMENT 39: CONFLICT OF INTEREST POLICY

Adds to Bylaws

Legal Violations:

• Self-dealing violates Utah Code § 16-6a-822

Required Amendment:

Conflict of Interest Prohibited.

(a) DISCLOSURE REQUIRED:

- Financial interests

- Family relationships

- Business connections

- Written annual disclosure

(b) RECUSAL MANDATORY:

- No discussion participation

- No voting

- Leave room during deliberation

(c) PROHIBITED TRANSACTIONS:

- No self-dealing

- No compensation beyond expenses

- No contracts with interests

- No preferential treatment

(d) VIOLATIONS:

- Automatic removal

- Personal liability

- Transaction voidable

SCOPE: All Board members and committee members.

LIMITATIONS: None.

AMENDMENT 40: INSURANCE REQUIREMENTS

Adds to Article VIII

Legal Violations:

• Inadequate coverage violates Utah Code § 57-8a-106

Required Amendment:

8.16 Minimum Insurance Coverage.

(a) REQUIRED POLICIES:

- General liability: $2 million minimum

- D&O: $1 million minimum

- Fidelity bond: 3 months assessments + reserves

- Property: Full replacement cost

- Umbrella: $5 million recommended

(b) COVERAGE REQUIREMENTS:

- No willful acts exclusions

- No discrimination exclusions

- Defense costs included

- Prior acts coverage

(c) ANNUAL REVIEW:

- Professional review required

- Owner input considered

- Competitive bidding every 3 years

SCOPE: All Association activities.

LIMITATIONS: Individual unit coverage separate.

AMENDMENT 41: AUDIT RIGHTS

Adds to Article V

Legal Violations:

• Lack of financial oversight violates fiduciary duties

Required Amendment:

5.26 Financial Audit Rights.

(a) REQUIREMENTS:

- Annual CPA review (over 50 units)

- Audit if requested by 20% of owners

- Random audits permitted

(b) SCOPE:

- All financial records

- Management company books

- Reserve accounts

- All contracts

(c) RESULTS:

- Presented at annual meeting

- Posted on website

- Corrective action plan required

SCOPE: All financial matters.

LIMITATIONS: Costs are common expense.

AMENDMENT 42: ENFORCEMENT CONSISTENCY

Adds to Article XI

Legal Violations:

• Selective enforcement violates equal protection

Required Amendment:

11.4 Uniform Enforcement Required.

(a) EQUAL TREATMENT:

- Similar violations treated identically

- Written record maintained

- Prior decisions as precedent

(b) PROHIBITED:

- Selective enforcement

- Retaliation

- Discrimination

- Harassment

(c) DOCUMENTATION:

- Violation log maintained

- Available for inspection

- Annual report to owners

SCOPE: All enforcement actions.

LIMITATIONS: None.

AMENDMENT 43: LIEN PRIORITY CLARIFICATION

Amends Article V

Legal Violations:

• Incorrect priority violates Utah Code § 57-8a-301

Required Amendment:

5.27 Lien Priority per Statute.

(a) SUPER PRIORITY:

- 6 months of assessments only

- Not late fees or fines

(b) SUBORDINATE TO:

- First mortgage

- Real estate taxes

- Previously recorded liens

(c) REQUIREMENTS:

- Must be recorded

- Expires in 1 year unless foreclosed

- No liens for fines alone

SCOPE: All assessment liens.

LIMITATIONS: Statutory requirements control.

AMENDMENT 44: FORECLOSURE PROTECTIONS

Adds to Article V

Legal Violations:

• Inadequate protections violate due process

Required Amendment:

5.28 Foreclosure Limitations and Protections.

(a) MINIMUM THRESHOLDS:

- No foreclosure under $2,500

- 6-month delinquency required

- Not during disability accommodation

- Not during military deployment

(b) MANDATORY PAYMENT PLAN OFFER:

- Before any foreclosure

- 12-36 months based on amount

- 25% maximum down payment

- One modification right

(c) ENHANCED NOTICE:

- 90-day pre-foreclosure notice

- Itemized statement

- HUD counseling referral

- Translation if needed

(d) JUDICIAL REQUIRED FOR:

- Owner-occupied homes

- Amounts under $10,000

- Disputed amounts

- Senior citizens/disabled

(e) RIGHT TO CURE:

- Until 5 days before sale

- Payment stops all proceedings

- Written confirmation required

SCOPE: All foreclosure proceedings.

LIMITATIONS: Does not affect mortgage rights.

AMENDMENT 45: MANAGEMENT COMPANY OVERSIGHT

Adds to Article VI

Legal Violations:

• Lack of oversight violates fiduciary duties

Required Amendment:

6.18 Management Company Accountability.

(a) CONTRACT REQUIREMENTS:

- Written agreement required

- 2-year maximum term

- 60-day termination right

- No automatic renewal

(b) PERFORMANCE STANDARDS:

- Monthly reporting required

- Response time standards

- Error rate limits

- Owner satisfaction metrics

(c) OVERSIGHT:

- Annual performance review

- Competitive bidding every 3 years

- Owner survey annually

- Fidelity bond required

SCOPE: All management services.

LIMITATIONS: Board retains all authority.

AMENDMENT 46: BOARD EDUCATION REQUIREMENTS

Adds to Bylaws

Legal Violations:

• Lack of training violates competence requirements

Required Amendment:

Board Education Mandatory.

(a) NEW MEMBER ORIENTATION:

- Within 30 days of election

- Review all governing documents

- Fiduciary duty training

- Financial overview

(b) ANNUAL REQUIREMENTS:

- Fair housing training

- Legal update

- Financial management

- 4 hours minimum

(c) COSTS:

- Association expense

- Reasonable travel

- Materials provided

SCOPE: All Board members.

LIMITATIONS: Emergency appointments have 60 days.

AMENDMENT 47: TRANSITION PROCEDURES

Adds to Article XII

Legal Violations:

Required Amendment:

12.8 Detailed Transition Requirements.

(a) DECLARANT MUST DELIVER:

- All original documents

- 3 years financial records

- All contracts

- Asset inventory

- Warranty information

- As-built plans

- All passwords/access codes

(b) REQUIRED STUDIES:

- Engineering inspection

- Reserve analysis

- Financial audit

- All at Declarant expense

(c) DEADLINES:

- Documents: 48 hours

- Studies: 30 days

- Penalties: $500/day/item

SCOPE: Complete transition.

LIMITATIONS: None.

AMENDMENT 48: DEVELOPER SUBSIDY DISCLOSURE

Adds to Article V

Legal Violations:

• Hidden subsidies violate Utah Code § 57-8a-502

Required Amendment:

5.29 Developer Subsidy Transparency.

(a) MONTHLY DISCLOSURE OF:

- All subsidized services

- Dollar amounts

- Termination dates

- Post-transition costs

(b) TRANSITION BUDGET:

- 90 days before transition

- True operating costs

- No subsidies included

- Owner review period

(c) PHASE-OUT PLAN:

- Gradual if requested

- Maximum 6 months

- Written schedule

SCOPE: All developer subsidies.

LIMITATIONS: None.

AMENDMENT 49: WASTE MANAGEMENT

Adds to Article IX

Required Amendment:

9.27 Waste Management Rights.

(a) OWNERS MAY:

- Choose collection service

- Use municipal services

- Compost organic waste

- Recycle extensively

(b) ASSOCIATION CANNOT:

- Mandate specific provider

- Prohibit composting

- Restrict recycling

- Charge fees unless providing service

SCOPE: All waste management.

LIMITATIONS: Must comply with health codes.

AMENDMENT 50: EMERGENCY POWERS LIMITATION

Adds to Article VI

Legal Violations:

• Broad emergency powers lack statutory basis

Required Amendment:

6.17 Emergency Powers Limited.

(a) NO SPECIAL AUTHORITY:

- Association has no police powers

- No entry rights

- No evacuation authority

- Call 911 for emergencies

(b) PERMITTED ACTIONS:

- Emergency repairs to common areas

- Temporary safety barriers

- Insurance claims

- Contractor coordination

(c) LIMITATIONS:

- Cannot suspend owner rights

- Cannot impose emergency assessments over $1,000

- Must ratify actions within 30 days

SCOPE: True emergencies only.

LIMITATIONS: Life safety takes precedence.

AMENDMENT 51: OMBUDSMAN COOPERATION

Adds Article XX

Legal Violations:

• Non-cooperation violates Utah Code Title 13, Chapter 79 (House Bill 217 (2025)) establishing HOA Ombudsman Office

Required Amendment:

Article XX - HOA Ombudsman Cooperation.

(a) JURISDICTION ACKNOWLEDGED:

- Full cooperation required

- Timely response to inquiries

- Document production

(b) ADVISORY OPINIONS:

- Binding effect acknowledged

- Compliance required

- Public posting

(c) NO RETALIATION:

- For filing complaints

- For cooperating

- For serving as witness

(d) PENALTIES:

- Daily fines for non-compliance

- Personal liability

- Loss of enforcement authority

SCOPE: All Ombudsman interactions.

LIMITATIONS: None.

AMENDMENT 52: ANNUAL COMPLIANCE CERTIFICATION

Adds to Article VI

Legal Violations:

• Ongoing violations violate continuous duties

Required Amendment:

6.19 Annual Legal Compliance Review.

(a) ANNUAL REQUIREMENTS:

- Legal counsel review, Update for new laws, Identify violations, Corrective action plan

(b) CERTIFICATION:

- Board President signs, Under penalty of perjury, Posted publicly, - Sent to all owners

(c) CONSEQUENCES:

- False certification is perjury, Personal liability, Removal from Board

SCOPE: All legal requirements.

LIMITATIONS: None.

AMENDMENT 53: SMALL CLAIMS PRESERVATION

Adds to Article XVI

Required Amendment:

16.5 Small Claims Court Protected.

(a) OWNERS MAY ALWAYS USE:

- Small claims court, No mediation required, No arbitration forced, Attorney fees available

(b) ASSOCIATION CANNOT:

- Require alternative dispute resolution, Impose additional procedures, Retaliate for filing

SCOPE: All disputes under small claims limit.

LIMITATIONS: None.

AMENDMENT 54: SECURITY DISCLAIMER LIMITS

Amends Article XVII, Section 17.10

Legal Violations:

• Broad disclaimers violate public policy

Required Amendment:

17.10 Security Provisions Limited.

(a) ASSOCIATION NOT LIABLE FOR:

- Criminal acts of third parties, Acts of God, Government actions

(b) ASSOCIATION REMAINS LIABLE FOR:

- Gross negligence, Willful misconduct, Failure to maintain common areas, Discriminatory enforcement

No waiver of liability for intentional acts.

SCOPE: Security and safety matters.

LIMITATIONS: Insurance may provide coverage.

AMENDMENT 55: EMERGENCY OWNER MEETING AUTHORITY

Adds to Article III

Legal Violations:

• Lack of owner remedies violates democratic principles

Required Amendment:

3.7 Emergency Owner Authority.

If Board fails to implement these amendments:

(a) AFTER 60 DAYS:

- 20% of owners may call emergency meeting

- 10-day notice sufficient

- Simple majority removes entire Board

- Same meeting elects new Board

(b) NEW BOARD MANDATE:

- Implement amendments within 30 days

- Personal liability for failure

- No indemnification

(c) DOCUMENTATION:

- Meeting valid despite technical defects

- Recording satisfies all requirements

SCOPE: Emergency remediation only.

LIMITATIONS: Cannot exceed legal authority.

AMENDMENT 56: MAINTENANCE ALLOCATION PRESERVATION

Preserves Exhibit C

Required Amendment:

Exhibit C - Maintenance Allocation Chart Preserved with Modifications.

(a) EXHIBIT C REMAINS IN EFFECT:

- Provides guidance for maintenance responsibilities

- Clarifies owner versus Association duties

- Subject to the following limitations

(b) LIMITATIONS:

- Cannot override criminal trespass protections in Amendment 4

- All entry requires voluntary cooperation per Amendment 4

- Shared structure maintenance requires voluntary agreement

- Cannot be used to force entry or impose fines for refusal

(c) MODIFICATIONS:

- May be amended by majority vote of owners

- Must be consistent with criminal law

- Subject to voluntary cooperation requirements

SCOPE: Maintenance responsibility allocation.

LIMITATIONS: No entry rights created.

AMENDMENT 57: INSURANCE PROVISIONS PRESERVATION

Preserves beneficial insurance requirements

Required Amendment:

Article VIII - Insurance Provisions Preserved.

The detailed insurance requirements in Article VIII remain in full effect

except as specifically modified by these amendments. Preserved provisions

include:

(a) COVERAGE REQUIREMENTS:

- Guaranteed replacement cost endorsements

- Agreed amount endorsements

- Primary coverage provisions

- Specific minimum coverage amounts

- Required policy provisions

(b) NOTICE REQUIREMENTS:

- Notice to owners of deductibles

- Notice of coverage changes

- Certificate availability

(c) BENEFICIAL PROVISIONS:

- Owner named insured status

- Waiver of subrogation

- Power of attorney for claims

SCOPE: All insurance matters.

LIMITATIONS: Deductible allocation modified by Amendment 15.

IV. PRESERVATION OF RIGHTS

Nothing Herein Waives:

• Criminal prosecution rights
• Civil claims for damages
• Class action participation
• Federal enforcement actions
• State regulatory complaints
• Individual owner remedies
• Future claims for violations
• Attorney fee recovery right

Signature password (The day the new CCRs were registered: June 26 2025): 06262025