Ogden, UT HOA Rules: Board Governance (2026)
Key Facts
- Governing section
- Ogden City Code § 14-5-4
- Applies to
- Private subdivisions, PRUDs, group dwellings
- Required document
- Recorded CC&Rs
- CC&R content
- Funding mechanism for maintenance
- Open space option
- HOA articles/bylaws approved by city
- Enforcement lever
- Financial guarantee, § 14-5-5
Summary
Ogden City Code section 14-5-4 requires every private subdivision, meaning one with private streets, private utilities, or common open space, to establish a homeowners' association responsible for long-term care and maintenance, backed by recorded CC&Rs.
14-5-4: HOMEOWNERS' ASSOCIATION: All private subdivisions shall establish a homeowners' association or similar organization that will be responsible for the long term care and maintenance of the subdivision. A complete set of covenants, conditions and restrictions (CC&Rs) shall provide for the perpetual care and maintenance of all private utilities, private streets and common open space. The CC&Rs shall also set forth the funding mechanism for that maintenance.
Full Breakdown
Chapter 5 of Title 14 (Subdivisions) applies to any subdivision with private streets, private utilities, common open space, or other facilities held in common ownership, specifically including planned residential unit developments (PRUDs), group dwellings, and cluster subdivisions (section 14-5-1). Section 14-5-4 requires all such private subdivisions to establish a homeowners' association or similar organization responsible for the subdivision's long term care and maintenance, and to record a complete set of covenants, conditions and restrictions (CC&Rs) providing for perpetual care and maintenance of private utilities, private streets, and common open space, including the funding mechanism for that maintenance.
Section 14-5-7 elaborates the CC&R requirements the subdivider must submit for recording before a final plat is recorded: perpetual maintenance of common open space and private utilities, establishment of the homeowners' association itself, other recorded conditions or restrictions under the zoning title, compliance with an approved phasing plan, and notice to subsequent owners that changes to a conditional use permit for a PRUD or group dwelling development require city approval. CC&Rs must also set out a method for amending themselves and the recorded plat (section 14-5-7(C)).
Section 14-5-6 gives the mayor, on the planning commission's recommendation, three options for preserving common open space, including ownership and maintenance by an HOA formed with city-approved articles of association and bylaws, or compliance with the Utah Condominium Ownership Act. The developer and any subsequent HOA share responsibility for maintaining private streets and utilities within the subdivision under section 14-5-3(E)(3).
Violations & Fines
Title 14 ties enforcement to the subdivision approval process rather than a standalone HOA penalty: the city requires financial guarantees under section 14-5-5 to assure completion of common open space, private streets, and private utilities, and section 14-5-2 requires private subdivisions to meet the same preliminary and final plat review as any other subdivision, so noncompliant CC&Rs or an unformed HOA can block plat recording and final approval.
Frequently Asked Questions
Does Ogden require an HOA for every subdivision?
What must an Ogden HOA's CC&Rs cover?
Who approves how common open space is maintained in an Ogden PRUD?
Sources & Official References
Other rules in Ogden
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