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House passes HB 99 to require HOA meeting notices for members; debate centers on email access and private-vs-public status
Summary
The Utah House passed HB 99, requiring homeowners associations to allow member attendance and provide email notice to owners who request it; lawmakers debated whether the state should impose public-meeting-style rules on private associations and how to notify owners without email.
The Utah House of Representatives passed House Bill 99, the Association Open Meeting Amendments, after an extended floor debate that focused on notification methods and whether homeowners associations (HOAs) should be subject to public‑meeting rules.
Sponsor Representative Schultz, presenting the bill, said HB 99 seeks “to add transparency for the members and lot owners of the association” by requiring HOAs to allow owners who request notice to receive meeting notices by email, provide reasonable opportunity for member comment and keep meetings open to members except for limited, privacy‑related closures. “This bill just adds transparency for the members and lot owners of the association,” Schultz said during floor remarks.
Opponents raised procedural and equity concerns. Representative McKay asked why the Legislature should treat HOAs “like public entities,” pointing out that many HOAs are private organizations. Representative McKay argued that the bill reaches into private contractual relationships and asked whether extending public‑style rules would always be appropriate. Representative King and others questioned how members without email would be notified, with Representative Arrant noting that some districts have older residents who may not use email. “Is there any requirement that…there be a sign posted or some other way to notify people that don't have email?” Arrant asked; Schultz said the bill does not include such a requirement but that it could be addressed in subsequent legislation or an amendment in the Senate.
Schultz and supporters emphasized narrow limits and exemptions in the draft. The sponsor said declarants (developers who control an association during initial build‑out) are excluded from the email‑notice requirement while the association is under declarant control and that the requirement applies once control is turned over to homeowners. The bill also allows closed meetings for legal or personal matters where privacy is necessary.
Representative Wilson and other backers framed the measure as protecting property owners’ interests: changes made by an HOA can have direct financial consequences for lot owners, they said, and basic notice is a practical safeguard.
The House voted to pass HB 99, 66 yes to 6 no. The bill will be transmitted to the Senate for consideration.
What happens next: HB 99 moves to the Utah Senate, where members may amend the notification method (for example, to add signage or alternative notice for owners without email) or otherwise modify the bill before final passage.
