Many Utah County homes come with a homeowners association, among them the townhome rows in Lehi and Vineyard, the master-planned communities, many condos near campus. An HOA can keep a neighborhood in good repair, and it can also restrict rentals, charge a fee when you sell, and raise dues. Utah law sets rules for all of that. This page covers the parts a buyer should know, from the Utah Code and the Department of Commerce, read on October 20, 2026.
This is a plain-English summary, not legal advice. The sections cited are Utah's Community Association Act (Title 57, Chapter 8a) and the transfer and reinvestment fee statute (57-1-46).
The state registry, and the new HOA ombudsman
Registration. Every association must register with the Utah Department of Commerce within 90 days of recording its declaration, renew every year, and update its information within 90 days of a change (Utah Code 57-8a-105). The registration includes the association's address, the board chair's contact, the manager, a payoff contact for closings, and whether the association charges a reinvestment or transfer fee. An association out of compliance loses lien rights while it stays out of compliance.
The ombudsman. On September 8, 2025, the Department of Commerce launched the Office of the Homeowners' Association Ombudsman, created by HB 217 in the 2025 Legislature. Its three jobs: maintain the HOA registry (with a new annual renewal), issue advisory opinions on questions of state law, and provide education. Either an owner or an association can ask for an opinion; the office gathers responses from both sides and issues a written opinion. It does not give legal advice and does not mediate disputes over an association's own rules. Its site is hoa.utah.gov.
Not in the registry: CC&Rs and declarations. Ask the association, or search the Utah County Recorder's records.
Rentals: what an HOA can and cannot do
This matters in a county where many buyers plan to rent out a basement, a former starter home or a condo near campus.
Under Utah Code 57-8a-209, an association may restrict the number and term of rentals or ban them, generally by putting the restriction in its recorded declaration. It may set a minimum lease term of six months or less by rule. If it restricts rentals, it must exempt:
- an owner deployed in the military, for the deployment;
- a home occupied by the owner's parent, child or sibling;
- an owner relocated by an employer for two years or less;
- certain entity- and trust-owned homes occupied by an owner or family member.
And an owner already renting when a restriction takes effect may keep renting until the owner moves in or the home is transferred. Some of these protections do not apply to restrictions recorded by the developer before the first lot sold, or to associations formed before May 12, 2009 that have not changed their rental rules since 2015. Read the declaration before you buy if renting is part of your plan; our rental investment guide covers the rest of that math.
The reinvestment fee: the charge when you sell
Many Utah associations charge a reinvestment fee when a home sells. Under Utah Code 57-1-46:
- For covenants recorded on or after May 6, 2026, the fee may not exceed 0.5% of the property's value, or 0.25% in a low-amenity association, unless the home is in a large master planned development.
- A reinvestment fee covenant recorded since March 16, 2010 is void unless a separate notice of it was recorded with the county.
- Sales by a financial institution are exempt, apart from the association's direct costs of the transfer, up to $250.
On a $500,000 home, 0.5% is $2,500. Ask the seller or the title company early what the fee is, who pays it under your contract, and whether a notice was recorded. Our closing costs guide covers the other fees at closing.
The money: dues, reserves and special assessments
Dues pay for what the association maintains. The question that protects you is whether the association is saving for the big repairs.
Reserve analysis. Unless the governing documents say otherwise, the board must have a reserve analysis done at least every six years and reviewed at least every three (Utah Code 57-8a-211). It lists the components that will need replacing, their remaining life and cost, and the annual contribution needed. A reserve fund well short of the analysis can mean a special assessment later.
The records you can ask for
Utah Code 57-8a-227 requires an association to make available to owners:
- governing documents;
- the most recent approved minutes;
- the most recent annual budget and financial statement;
- the most recent reserve analysis;
- certificates of insurance;
- board minutes, profit and loss statements and balance sheets for the past three years.
If the association has a website, the governing documents, latest minutes and budget must be posted there free. As a buyer, ask the seller to get these for you during the due-diligence period, and read the minutes for words like "assessment," "litigation," "roof" and "reserve."
How rules change
The board can change rules, but Utah Code 57-8a-217 requires notice to owners at least 15 days before the meeting where a change is considered, and an open forum at the meeting, except for an imminent risk of harm. Owners can overturn a change with a vote of at least 51% of all voting interests at a special meeting within 60 days.
A buyer's HOA checklist
- Look up the association in the state registry and confirm it is current.
- Get the declaration (CC&Rs), bylaws and rules.
- Get the budget, the reserve analysis and three years of minutes.
- Ask the dues, what they cover, and whether any special assessment is planned.
- Ask whether there is a reinvestment fee, how much, and who pays.
- If you may rent the home, read the rental section of the declaration.
- Ask whether the association is in any lawsuit.
Related
Our buying a home in Provo guide covers the due-diligence period these checks fit into, and our 55-plus communities guide covers age-restricted associations. If you are considering a new-build neighborhood, our building a home guide covers the builder's side.
Frequently Asked Questions
Do Utah HOAs have to register with the state?
Is there a state office that helps with HOA disputes?
Can a Utah HOA ban rentals?
What is a reinvestment fee, and is it capped?
What HOA records can a Utah owner see?
Do Utah HOAs have to do a reserve study?
Can an HOA change its rules without asking owners?
Where can I find an HOA's CC&Rs?
Sources
The facts in this guide were checked against these sources. Hours, fees and rules change, so confirm anything time-sensitive with the source before you go. How we make Provo.com.
- Department of Commerce launches the Office of the Homeowners Association Ombudsman, Utah Department of Commerce. Checked October 20, 2026.
- Utah Homeowner Associations Registration FAQ, State of Utah. Checked October 20, 2026.
- Utah Code 57-8a-105, Registration with Department of Commerce, Utah Legislature. Checked October 20, 2026.
- Utah Code 57-8a-209, Rental restrictions, Utah Legislature. Checked October 20, 2026.
- Utah Code 57-1-46, Transfer fee and reinvestment fee covenants, Utah Legislature. Checked October 20, 2026.
- Utah Code 57-8a-211, Reserve analysis, Utah Legislature. Checked October 20, 2026.
- Utah Code 57-8a-227, Records, Utah Legislature. Checked October 20, 2026.
- Utah Code 57-8a-217, Association rules, Utah Legislature. Checked October 20, 2026.
- Utah Code 13-79-102, Office of the Homeowners Association Ombudsman, Utah Legislature. Checked October 20, 2026.
