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Senate adopts narrower HOA bill letting homeowner associations amend bylaws after developer control ends
Summary
The Senate substituted and advanced a narrower version of SB87 to allow homeowners associations to amend bylaws by a 67% vote and renegotiate routine service contracts after a developer turns a project over; the first substitute passed a roll-call to be read for a third time (25–1, 3 absent).
The Utah Senate on the floor on Thursday substituted and advanced first substitute Senate Bill 87, changing how homeowners associations may regain control after developers finish projects.
Sponsor Senator Hickman said the revised bill narrows prior proposals and ‘‘allows homeowners associations, once the developer has finished the project and turned the project over to the association,’’ to amend existing bylaws by a vote of 67% or more and to renegotiate certain service contracts such as garbage pickup, lawn care and snow removal. He said the substitute removes provisions that would have affected real-property amenities such as golf courses and swimming pools.
The bill drew support and questions during floor debate. Senator Wadobs said the 67% threshold ‘‘is really a tough standard to meet’’ in some associations but that the sponsor had resolved many earlier concerns. Senator Dayton asked why the Legislature must act on what many consider private property matters; Hickman responded that covenants, conditions and restrictions are recorded documents and that homeowners sometimes need statutory relief to change recorded CC&Rs once a developer-controlled project has been turned over.
After debate, Senator Hickman moved that the first substitute be read for the third time. The Senate held a roll-call; the presiding officer announced the result: 25 yes, 1 nay, and 3 absent. The body ordered the bill to be read for the third time, advancing it on the calendar for final consideration.
Next steps: the bill will proceed toward final passage procedures consistent with Senate rules and the body's reading schedule.
