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Weber County, UT HOA Rules: CC&R Enforcement (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Weber County Land Use Code § 108-11-3
Effect
STR license invalid if property has anti-rental covenants
County role
Voids license; does not adjudicate HOA disputes
Applies to
Unincorporated Weber County only, where zoning allows STRs
Adopted
Ordinance 2023-01, effective January 10, 2023
Unlicensed penalty
200% of nightly rate per day, § 108-11-10

Summary

Weber County will not knowingly license a short-term rental on property bound by private covenants that prohibit renting. Under Land Use Code Section 108-11-3, any short-term rental license issued for a covenant-restricted property is invalid, regardless of how the HOA labels the restriction or whether the HOA actually enforces it against the owner.

These county ordinances apply to unincorporated areas of Weber County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A short-term rental license will not be issued for any of the following: Building not approved for residential occupancy. A short-term rental is not allowed in any building unless it has received approval for a residential use, and has a certificate of occupancy. Accessory dwelling unit. A short-term rental is not allowed in an accessory dwelling unit. Restricted housing. A short-term rental is not allowed in a dwelling unit that has been reserved for workforce housing. Private covenants. A short-term rental license is invalid if issued for any property that is subject to private covenants that prohibit the property's availability for short-term rentals. This applies regardless of how the private covenants are labeled, and regardless of whether or not the private covenants are enforced by a homeowners association or committee.

Full Breakdown

Section 108-11-3 of the Weber County Land Use Code lists four grounds on which a short-term rental license will not be issued: the building lacks a certificate of occupancy for residential use, the unit is an accessory dwelling unit, the unit is reserved for workforce housing, or the property is bound by private covenants. On the covenant ground, the code states a license is invalid for any property 'subject to private covenants that prohibit the property's availability for short-term rentals,' and that this bar applies no matter how the covenant is labeled and whether or not a homeowners association or committee actually enforces it.

Weber County itself does not investigate or adjudicate CC&R disputes between an owner and an HOA; the county's role is limited to treating the resulting license as invalid, meaning enforcement of the underlying covenant restriction still runs through the HOA's own remedies, such as fines, liens, or civil suit, not through county code enforcement. This chapter, adopted by Ordinance 2023-01 on January 10, 2023, applies only to short-term rentals in the unincorporated area of Weber County, where the use is allowed by zone; it does not reach STRs inside Ogden, Roy, or the county's other incorporated cities, which regulate short-term rentals under their own codes. An owner who rents out a covenant-restricted property despite the invalid license is treated as operating without a valid short-term rental license.

Violations & Fines

Renting a property under a license that Section 108-11-3 makes invalid is treated as an unlicensed short-term rental under Section 108-11-9. The Weber County Planning Division issues one warning for a first unlicensed violation; every subsequent violation carries an administrative penalty under Section 108-11-10 equal to 200 percent of the property's advertised nightly rate, plus an additional daily penalty of the same amount for each day the violation continues unresolved.

Frequently Asked Questions

Does Weber County enforce my subdivision's CC&Rs against short-term rentals?
No. Weber County does not investigate or enforce private covenants directly. Under Section 108-11-3, the county's involvement is limited to treating a short-term rental license as invalid if the property is subject to covenants prohibiting rentals; actually stopping a violation still requires the homeowners association or committee to pursue its own CC&R enforcement remedies against the owner.
Can I get a Weber County short-term rental license if my HOA doesn't actively enforce its rental ban?
No. Section 108-11-3 states the license is invalid 'regardless of whether or not the private covenants are enforced by a homeowners association or committee.' A written prohibition in the recorded covenants is enough to void the license even if the HOA has never cited anyone for violating it.
What happens if I operate a short-term rental anyway?
The county classifies it as an unlicensed short-term rental. The Planning Division issues one warning for the first offense; after that, Section 108-11-10 imposes an administrative fine equal to 200 percent of the advertised nightly rate for each day the violation continues, on top of any civil action the HOA itself may bring.

Sources & Official References

Other rules in Weber County

All Weber County rules

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