Posts Tagged ‘ULAC’
Article by Sarah Crawford, LAC Chair and Director of Client Services at Morris Sperry Law.
The Legislative Action Committee is back in action and gearing up for the 2017 Legislative Session.
Members of the LAC journeyed to Fillmore on May 18th for the Annual Planning Retreat. The Fillmore location is a tradition as it allows Northern and Southern Utah members the opportunity to meet face-to-face without having to travel a great distance in one day.
Our morning was dedicated to membership review, subcommittee appointments, fundraising goals, event planning, and public and legislative relations. We will again be distributing legislator welcome packets and plan to do so in late November or early December. Please contact Mindy at email@example.com if you have legislative contacts and are interested in assisting us with hand delivering packets.
The afternoon was spent on legislative analysis and drafting. The Committee discussed a variety of topics, among them were:
● Solar Access (2016 HB451)
● Condominium and Community Ownership Amendments (2016 HB255)
● Community Association Act Amendments (2016 HB273)
● “Fix-it” bill to unify the two acts (Condominium & Community Association)
Solar is a big topic this year. LAC hosted a chapter luncheon on May 19th to discuss solar installations in community associations. A panel of experts presented information on solar installations, legal concerns and answered general questions from attendees. As a follow-up to this luncheon, a survey was disbursed to gather feedback to help the LAC in drafting and/or fighting future legislation. With 200+ responses, we feel we have a much clearer picture of the position of members and the communities we represent. Thank you to everyone who participated!
Dates have been set for the following LAC events:
● Southern Utah Solar Panel Discussion – Thursday, November 3rd (tentative)
● 2017 Community Association Day – Friday, February 3rd at the Capitol
Keith Schoen, who has been with the LAC since 2010, is retiring. We want to thank Keith for his years of service to the Committee as well as his tireless efforts to make the Southern Utah Golf Tournament a huge success.
Article by John Richards, LAC member and attorney from Ball Janik LLP.
The following is a summary of the legislation affecting rentals applicable to condominiums in 2016. This year, for 2017, we are working towards having this same language inserted into the Community Association Act (57-8a-101, et seq.) for non-condominium communities.
The Bill that passed was House Bill 273 and addresses an extremely important topic – regulating the use of common areas and facilities by renters. Such regulations may be passed by “rule” as opposed to an amendment
This “new” legislation amends the Condominium Association Act (57-8-1, et seq.) to allow an Association to adopt a rule that, if the term of the rental is less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant’s guest or as the unit owner’s guest. See 57-8-8.1(1)(iii)
57-8-2(b) provides that a rule may “limit or prohibit a rental unit owner from using the common areas and facilities for purposes other than attending an association meeting or managing the rental unit.
The objective of these changes is to help avoid abuses of the common amenities – such as using the clubhouse for a wedding reception simply because it is cheaper to rent a unit for a night and then have free access to a common amenity than to rent a local reception hall.
In addition, the Act now provides that a rule may, if the rental unit owner retains the right to use the association of unit owners’ common areas and facilities (e.g., in the lease agreement), even occasionally, to charge (1) a rental unit owner a fee to use the common areas and facilities; and (2) for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant’s guest or as the unit owner’s guest…. 57-8-8.1(2)(b)(A)&(B).
Again the intent is to provide some important authority to the Association to better regulate the common areas and facilities to help protect these important assets.
Find out about the LAC subcommittee in “New Session: A New Year of Exciting LAC Activity” by LAC Chair Sarah Crawford, from the 2015 4th quarter issue of UCCAI’s newsletter Community Living here.