HOA’s Updating
I lived in a condo downtown for 20 years. I loved the ‘lock and leave’ lifestyle-I could go out of town and not worry about watering a lawn, snow removal. The building didn’t have amenities like a swimming pool, gym or movie room and the HOA fees were very reasonable. When you opt to live in a condo there will always be a monthly fee that the homeowners decide upon each year that are then usually implemented by an HOA manager. The fee will include insurance on the building (but not your personal items), a contribution to a ‘reserve’ account that could later pay for building repairs, water and sewer bills, and some buildings will include basic cable fees each month. Older buildings may have a central HVAC system and the cost to run that could also be included. Condo projects with tons of amenities will have much higher monthly fees because it costs a lot to insure a swimming pool/hot tub, tennis or pickleball courts, club rooms, etc.
That building that I lived in recently had a major plumbing issue on the floor below me that did a ton of damage in the building. Once the trouble was discovered and repair bids were had, every owner of a unit in the building was assessed a portion of the total repairs. Friends that live in one of the smaller units (about the size of large hotel room) has a $25,000 assessment fee which can be paid now or financed with payments. Larger units could face three to five times that assessment, and it can’t be passed on to a future owner/buyer. In places like Florida, which is being devastated by foreclosures of condos by Canadians not wanting to visit the U.S. anymore and by owners facing insane condo fees riddled by insurance fees that have gone up by the tens of thousands on buildings in hurricane areas.
In Utah, our legislature recognized that not everyone is happy with their HOA, and in this past session, House Bill 217 was introduced and passed, then became law in May. The bill, titled the “Home Association Amendments”, created the Office of the Homeowner’s Association Ombudsman and established new regulations for HOAs in the state which included a limit on monthly fees, requirements for board member training and a new complaint process. In addition. There are new rules as to how HOA’s can spend reinvestment fees, and controls the transfer fee which is charged by most HOA’s now when a new owner buys in a condo building. Also, the bill authorized the Department of Commerce to set and require annual registration for HOA’s, and requires them to keep 3 years of minutes. The person who will become the ombudsman has not been appointed yet, but this is a great step for condo owners and their rights and gives a source to hear complaints outside of the buildings’ HOA board.

