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

Section 22-10-4 sets the clustered development standards for Orem's ROS and OS5 open space zones, where smaller lots are allowed in exchange for consolidating the difference into shared open space. Before the City approves a final plat, the developer must set up a nonprofit homeowners' association (or a trust or similar mechanism the City approves) to take over maintenance of that open space once 80% of the lots are sold, with every lot owner automatically becoming a member. The ordinance does not stop at requiring the HOA to exist on paper: subsection (D)(6) provides that if the HOA later ceases to exist or fails to maintain the open space, responsibility falls equally on the individual lot owners, and if neither the HOA nor the owners keep up the maintenance, the City can send its own employees or contractors onto the property to do the work.

The City then assesses the lots for the cost of that work plus a 30% surcharge and can record a lien against the lots to collect it. The ordinance also makes the failure itself a violation of Section 22-10-4, opening the door to criminal or civil enforcement separate from the cost recovery. To make sure these obligations survive changes in HOA leadership or dissolution, the plat itself and a separately recorded declaration of covenants, conditions and restrictions filed with the Utah County Recorder must incorporate these maintenance and enforcement provisions, so they run with the land regardless of what the CC&Rs otherwise say.