Two bills are up for consideration after Utah legislators heard complaints from homeowner’s association or HOA residents.
An HOA is a private organization in charge of communities including neighborhoods or subdivisions. They are run by a board of directors who collect monthly or annual fees from residents. In return, those fees are put toward maintenance, facilities and amenities.
HB 217, the homeowners’ association amendments bill, is sponsored by Rep. R. Neil Walter. The bill seeks to establish an Office of the Homeowners’ Association Ombudsman.
An Ombudsman is a government employee who settles conflicts and complaints, as seen with residents living in an HOA. The Ombudsman will be a mediator between residents and board members.
The bill will set limits on how much an HOA can charge as a late fee and will restrict the creation of certain rules. In addition, the bill requires an HOA to provide, under request, certain documents and other amendments statewide.
The second bill, HB 262 also known as HOA board education amendments, sponsored by Rep. Cheryl K. Acton, will require board members to complete management committee courses. Board members must also keep a record of completing designated education requirements for at least four years.
These management committee courses involve leadership, planning, conflict resolution and more to certify board members. Members will gain a better understanding of their positions, and be more qualified to run an HOA community.
“HOA reform is needed,” said HOA resident Amy Beck, “I’m all for a limit on fees and a requirement that board members receive training.”
HB 217 passed the Utah Senate, however HB 262 had a strike enacting clause filed against it.
HOAs have been subject to numerous complaints, and are often seen as difficult to live in. Many internet stories rehash residents’ HOA complaints.
Beck has shared a similar distaste for her HOA, with numerous complaints against it.
“Making all the yards look the same with the requirement that the homeowner get approval from the HOA committee in order to make changes to their house and yard can feel oppressive,” said Beck. “It promotes othering – the people outside the gate aren’t like us, and the people behind must all conform or be run off [and] harassed until they move.”
Many Utah residents hope as these bills are processed, they will improve HOA communities in the future.
Author: Alora Bailey
Photo courtesy of Barbara Helgason
Editor: Anna Mower
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