HOA Rules in Orem, UT

If you live in Orem or are thinking about moving there, hoa rules are one of those things you probably won't think about until they affect you directly. Orem has 3 specific rules on the books covering different aspects of hoa rules, and some of them might surprise you.

Assessment & Dues

Orem City Code Section 22-16-7 requires any condominium or townhouse conversion project to record a Declaration of Covenants, Conditions and Restrictions that establishes a unit owners' association and provides for periodic assessments to the owners for maintenance costs, common utility bills, and special assessments for capital improvements, before the city grants final conversion approval.

Key details: Governing section: Orem City Code 22-16-7. Applies to: Condominium and townhouse conversions. CC&R must require: Periodic and special assessments to owners. Developer duty: Maintains common areas until all units sold. Approval gate: Required before Planning Commission final approval.

Recording a conversion CC&R that omits the required assessment, maintenance-association, or easement provisions blocks final Planning Commission approval under Article 22-16, and proceeding with a conversion in violation of Chapter 22 is unlawful under Section 22-1-6: a Class C misdemeanor punishable by up to a $500 fine for an individual or $1,000 for a corporation, association, or partnership, up to three months in jail, or both, with each day of the violation a separate offense.

CC&R Enforcement

When a homeowners association in an Orem clustered subdivision dissolves or stops maintaining required open space, the City does not just let the land go unkept. Orem City Code Section 22-10-4(D) makes the lot owners equally responsible if the HOA disappears, and lets the City enter the property, do the work itself, bill the lots for the cost plus a 30% surcharge, and file a lien if unpaid.

Key details: Trigger: HOA dissolves or stops maintaining open space. Backup duty: Lot owners become equally responsible for upkeep. City remedy: City may enter and perform the maintenance itself. Cost recovery: Assessed to lots plus a 30% surcharge. Collection tool: City may file a lien against the lots.

Failure to maintain the required open space, whether by the HOA, a dissolved HOA's former members, or the individual lot owners, is a violation of Section 22-10-4 in its own right. Beyond the City's power to enter the land, perform the maintenance, and bill the lots for the cost plus a 30% surcharge with a lien if unpaid, the City may also bring criminal or civil proceedings against the responsible parties to enforce the maintenance requirement directly.

Board Governance

Orem does not leave open space maintenance to chance in its ROS and OS5 clustered developments. Before the City approves a final plat, Orem City Code Section 22-10-4(D) requires the developer to establish a nonprofit homeowners' association, trust, or similar mechanism the City approves, with every lot owner automatically becoming a member once they buy into the subdivision.

Key details: Required in: ROS and OS5 clustered subdivision developments. Timing: HOA must be set up before final plat approval. City review: Formation documents reviewed and approved by the City. Membership: Automatic on acquiring an ownership interest in a lot. Handoff point: HOA takes over after 80% of lots are sold.

A developer who records a final plat without first establishing an HOA meeting Section 22-10-4(D)'s requirements, or without submitting the required governance and cost-allocation documents for City review, has not satisfied a precondition of Orem's plat approval process. Because the plat and CC&R declaration must carry these HOA provisions as covenants running with the land, removing or omitting them after the fact does not relieve the development of the underlying maintenance and membership obligations.

The Bottom Line

Orem's hoa rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Orem is broadly strict or permissive.

All of the above reflects Orem's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.