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Committee backs HB 86 substitute tightening rules on developer control of HOAs
Summary
The committee unanimously recommended favorably the fifth substitute to House Bill 86, which clarifies declarant control rules for homeowners associations, codifies fiduciary duties, limits use of HOA funds to defend declarants, creates a seven‑year control trigger, and adds an attorney-fees provision for residents.
A Utah legislative committee on Wednesday recommended favorably the fifth substitute to House Bill 86, a measure that revises homeowners association (HOA) statutes to clarify when declarant control ends, strengthen fiduciary requirements, and limit the use of HOA funds in litigation involving the declarant.
Representative Brooks presented the substitute and said the bill narrows ambiguity about the dates and conditions when a declarant is no longer an owner of lots or development rights and when…
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