WELCOME TO THE JUNGLE (OF HOA REGULATIONS)

WELCOME TO THE JUNGLE (OF HOA REGULATIONS):

GOING GREEN WITHOUT GETTING FINED

by: Lauren DeVoe, Esq.

Ah, the homeowners association — where the grass must be exactly 2.5 inches high, flamingo lawn ornaments are considered an act of rebellion, and one rogue dandelion can spark a neighborhood Cold War. But now, community associations are turning over a new leaf — literally. That’s right, Utah community associations are going green! Not in the “paint your house chartreuse” way (please don’t, we beg you), but in the eco-friendly, save-the-planet, impress-your-nosey-neighbor-with-your-compost-bin kind of way.

So, grab your reusable water bottle, whisper sweet nothings to your solar panels, and let’s dive into a couple of new laws going into effect on May 7, 2025.

Water Wise Restrictions

Why did the homeowner break up with their lawn?
Because it was too thirsty—and the HOA said they needed a more low-maintenance relationship.

Senate Bill 201, sponsored by Senator Wayne Harper (Salt Lake County) and Representative Cory Maloy (Utah County), changes some water conservation-motivated restrictions on Utah’s community associations.

First, Senate Bill 201 clarifies that for both condominiums and planned unit developments, an association must adopt water wise landscaping rules only for areas that the association does not maintain. Our Utah LAC sought this clarification as a result of confusion over the prior language, which required every association adopt water wise rules for any landscaped area for which “one or more” Owners were responsible. It was unclear whether more than one Owner would include an association, and whether the water wise requirements would then apply to Common Areas like park spaces.

Condos:

Specifically for condos, unless grass is necessary to control erosion, an association is no longer allowed to prohibit or restrict conversion of a grass park strip less than eight (8) feet wide to water wise landscaping. 

Planned Unit Developments:

For planned unit developments, unless grass is necessary to control erosion, as association Is not allowed to require an Owner to install or keep grass turf in any area less than eight (8) feet wide, not just park strips.

Solar Restrictions

Why did the HOA give an award to the house with solar panels?
Because it was the brightest idea on the block!

House Bill 119, sponsored by Representative Doug Owens (Salt Lake County) and Senator Todd Weiler (Davis and Salt Lake Counties), makes some significant changes to how associations (other than condominiums) can adopt Declaration amendments regarding solar energy systems.
First, a Declaration amendment that would prohibit installation of a solar energy system for a detached home unless at least sixty-seven percent (67%) of the voting interests approve the amendment. Considering that Utah statutes prohibit requiring more than sixty-seven percent (67%) to amend the Declaration, there is bound to be some confusion that community association managers and legal counsel will have to work through. 

Conversely, House Bill 119 lowers the percentage of voting interests required to amend a Declaration’s prohibition on solar energy systems to fifty-one percent (51%). In short, it will be more difficult to prohibit the installation of solar energy systems on detached homes and for a great many associations, much easier to get rid of solar energy prohibitions. 

Community associations may still adopt and enforce restrictions (in the Declaration or a rule) on solar energy system size, location, or matter of placement so long as the restriction does not decrease the solar energy system’s production or increase the installation cost by more than five percent (5%).

Lauren DeVoe is a partner at Morris DeVoe, a law firm exclusively devoted to the practice of community association law.

*This article was written with the assistance of ChatGPT, so if you don’t like the jokes, you know what to blame.