(1)
(a)
(i) To amend the governing documents, the governing documents may not require:
- (A) for an amendment adopted after the period of administrative control, the vote or approval of lot owners with more than 67% of the voting interests;
- (B) the approval of any specific lot owner; or
- (C) the vote or approval of lien holders holding more than 67% of the first position security interests secured by a mortgage or trust deed in the association.
- (ii) An amendment to the declaration after the period of administrative control may be adopted by a majority vote of voters, or a greater percentage if required in the declaration, at a meeting where at least 51% of the voting interests are present.
- (iii) Any provision in the governing documents that prohibits a vote or approval to amend any part of the governing documents during a particular time period is invalid.
- (iv) The board may not amend the declaration.
(b) Subsection (1)(a) does not apply to an amendment affecting only:
- (i) lot boundaries; or
- (ii) lot owner's voting rights.
(2)
- (a) A contract for services such as garbage collection, maintenance, lawn care, or snow removal executed on behalf of the association during a period of administrative control is binding beyond the period of administrative control unless terminated by the board of directors after the period of administrative control ends.
- (b) Subsection (2)(a) does not apply to golf course and amenity management, utilities, cable services, and other similar services that require an investment of infrastructure or capital.
- (3) Voting interests under Subsection (1) are calculated in the manner required by the governing documents.
- (4) Nothing in this section affects any other rights reserved by the person who filed the association's original governing documents or a successor in interest.
- (5) This section applies to an association regardless of when the association is created.
Amended by Chapter 226, 2025 General Session