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Attorney: Utah code likely does not bar HOAs from maintaining storm-drainage facilities
Summary
Manager Brett Palmer relayed an attorney opinion that Utah Code 10-9a-508.1 applies to water and sanitary sewer utilities, not storm drainage, and that HOAs may contract to maintain detention basins; the board concluded no immediate change to HOA maintenance requirements was needed.
The board reviewed an opinion from attorney Brent Rose on whether Utah Code 10-9a-508.1 prevents homeowners associations from maintaining storm-drainage detention basins and related amenities. Manager Brett Palmer read Rose’s interpretation: "As I read it...I interpret sewer in this section to mean sanitary sewer, not storm drainage. Therefore, the statute would not be applicable," the manager said, summarizing the email opinion.
The attorney concluded that if the statute were ever applied to storm drainage, it would be limited to facilities within a city boundary and that an HOA could still enter into a contract to maintain detention basins. The board took the opinion to mean there was no present need to change the district’s practice of requiring HOAs to maintain certain storm-drainage facilities and playground-related amenities.
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