I live in Utah and I have posted in the past regarding my HOA trying to impose rental restrictions. They have engaged an attorney to put together the amendments. They are trying to charge every rental an additional $25/month and also making a max percentage of the community for rentals (14%).
I have a couple questions:
1. They don't have any type of grandfather clause for those of use who owned and rented our units before these amendments. Instead they say its a first come first serve up to 14% of the total units and then no more can be rented. Is this legal?
2. I found this (below) in the Utah code http://le.utah.gov/code/TITLE57/htm/57_08a020900.htm. Our original CCRs were recorded Feb 17 1999, so apparently this section wouldn't apply to us. So does that mean my HOA can't impose any rental restrictions without unanimous approval?
(7) This section does not apply to:
(a) an association containing a time period unit as defined in Section 57-8-3;
(b) any other form of timeshare interest as defined in Section 57-19-2; or
(c) an association in which the initial declaration of covenants, conditions, and restrictions is recorded before May 12, 2009.
(8) Notwithstanding this section, an association may, upon unanimous approval by all lot owners, restrict or prohibit rentals without an exception described in Subsection (3).
Thanks,
Justin
I have a couple questions:
1. They don't have any type of grandfather clause for those of use who owned and rented our units before these amendments. Instead they say its a first come first serve up to 14% of the total units and then no more can be rented. Is this legal?
2. I found this (below) in the Utah code http://le.utah.gov/code/TITLE57/htm/57_08a020900.htm. Our original CCRs were recorded Feb 17 1999, so apparently this section wouldn't apply to us. So does that mean my HOA can't impose any rental restrictions without unanimous approval?
(7) This section does not apply to:
(a) an association containing a time period unit as defined in Section 57-8-3;
(b) any other form of timeshare interest as defined in Section 57-19-2; or
(c) an association in which the initial declaration of covenants, conditions, and restrictions is recorded before May 12, 2009.
(8) Notwithstanding this section, an association may, upon unanimous approval by all lot owners, restrict or prohibit rentals without an exception described in Subsection (3).
Thanks,
Justin