Utah HOA Records in 10 Business Days, $25 a Day Late, and 48-Hour Meeting Notice

Section 57-8a-227 was last amended by Laws of Utah 2026, chapter 62, and Subsection (2)(c) makes it override any conflicting provision of the association's governing documents. Subsection (7) goes further and displaces Title 16, Chapter 6a, the Utah Revised Nonprofit Corporation Act, where the two conflict, and states that § 16-6a-1604 does not apply to an association at all. An owner does not have to litigate corporate records law to see association records.

The list of what must be kept and made available is specific. Beyond the records identified in Subsections 16-6a-1601(1) through (5), § 57-8a-227(1)(a)(ii) names the governing documents, the most recent approved minutes, the most recent annual budget and financial statement, the most recent reserve analysis, a certificate of insurance for each policy the association holds, board meeting minutes from the previous three calendar years, profit and loss statements for the previous three fiscal years, and balance sheets for the previous three fiscal years. Only three things may be redacted under Subsection (1)(b): a Social Security number, a bank account number, and any communication subject to attorney client privilege. Subsection (1)(c) declares those records the property of the association, and (1)(d) requires anyone else holding them, typically a departing management company, to hand them over on request without charge.

Utah also requires publication rather than mere availability. Under Subsection (2)(a)(ii), an association with an active website must post the governing documents, the most recent approved minutes, and the most recent annual budget and financial statement there free of charge. An association without a website must keep physical copies available during regular business hours at the address it registered with the Department of Commerce under § 57-8a-105.

Subsection (3) sets out what a request must contain: the association's name, the owner's name, the owner's property address, the owner's email address, a description of the documents, and any election the owner makes. The owner controls the format. The owner may elect to inspect or to copy, may ask for hard copies or electronic scans, and may direct that the association make the copies, that a recognized third party duplicating service make them with the owner paying that service directly, that the owner bring imaging equipment to the inspection, or that the association simply email the documents. If the owner brings equipment, Subsection (4)(d) obliges the association to provide the necessary space, light and power.

The deadline is 10 business days from receipt, and the price is capped. The owner pays the reasonable cost of copies and of time spent meeting with the owner, but no more than either the actual amount the association paid a recognized third party duplicating service, or 10 cents per page and $20 per hour for an employee's, manager's or other agent's time. Subsection (4)(b)(iii) removes charges entirely for an electronic transmission request, so asking for the documents by email is the cheapest route in Utah. Subsection (4)(e) lets the association satisfy a request by posting the documents to its website or owner portal. Subsection (8) permits an owner's agent to exercise any of these rights, and Subsection (9) shields the association from liability for identifying or producing the wrong document in good faith.

Meetings are the other half. Section 57-8a-226(1) provides that except for action taken without a meeting under § 16-6a-813, a board may act only at a board meeting. Subsection (2) requires written notice by email at least 48 hours in advance to each lot owner who requests notice, stating the time, date and location and, where a board member may participate electronically, the information needed for an owner to do the same. The 48 hour notice is excused where the meeting appears on a board meeting schedule previously provided to the owner, or where the meeting addresses an emergency and the board members themselves got less than 48 hours notice. Notice is opt in: an owner who never asks for it is not entitled to it.

Subsection (3)(a) opens the meeting to each lot owner or to a representative designated in writing, and Subsection (3)(b) lists the only six grounds for closing it: obtaining legal advice from an attorney, discussing ongoing or potential litigation, mediation, arbitration or administrative proceedings, a personnel matter, contract negotiations including review of a bid or proposal, a matter involving an individual where discussion is likely to cause undue embarrassment or violate a reasonable expectation of privacy, and a delinquent assessment or fine. Anything discussed in a session closed for litigation is protected from discovery in a Utah state court under Subsection (3)(c). Subsection (4) requires that owners get a reasonable opportunity to comment at each meeting, though the board may confine comment to one time period. Subsection (5) forbids a board member from avoiding or obstructing the section, while Subsection (6) preserves the validity of board action taken in breach of it.

Note what Utah left out. Section 57-8a-226 sets no minimum number of board meetings per year once the declarant control period ends; the only frequency requirement is in Subsection (7)(b), which obliges an association still under administrative control to hold a compliant meeting at least once each year and each time it increases a fee or raises an assessment. Subsection (8) applies the section regardless of when the association's first governing document was recorded. Condominium associations follow the parallel sections at Utah Code § 57-8-17 for records and § 57-8-57 for open meetings.

Utah attached different price tags to the two duties. For records, § 57-8a-227(5) makes an association that fails to comply pay the reasonable costs of inspecting and copying, $25 to the requesting owner for each day the request continues unfulfilled beginning the eleventh business day, and the owner's reasonable attorney fees and costs. The $25 daily amount applies to the core three items: the governing documents, the most recent approved minutes, and the most recent annual budget and financial statement. It accrues automatically and does not require a lawsuit.

If that does not produce the documents, Subsection (6) supplies a court action after a short notice. The owner delivers a written notice at least 10 days before filing, stating the owner's name, address, telephone number and email address, each requirement the association has failed to meet, a demand for compliance, and a remedy date at least 10 days out. The suit may seek injunctive relief, $1,000 or actual damages whichever is greater, and any other relief provided by law, and the court may award costs and reasonable attorney fees to the prevailing party, including fees incurred before filing that relate to the request. On the owner's motion the court shall order immediate compliance where it finds a likelihood of noncompliance, and must hold that hearing within 30 days of the motion.

For meetings the notice period is far longer. Section 57-8a-226(9) requires the owner to deliver a written notice at least 90 days before filing, identifying the requirements of Subsections (1) through (5) breached, demanding compliance, and setting a remedy date at least 90 days out. Only after the association fails to fix the problem in that window may the owner sue for injunctive relief, $500 or actual damages whichever is greater, or any other relief provided by law, with costs and reasonable attorney fees available to the prevailing party and an expedited compliance order available on motion.

The Office of the Homeowners' Association Ombudsman under Utah Code § 13-79-102 will issue a written advisory opinion on compliance with these sections for a $150 fee, on a request made within one year of the act and after the governing documents' dispute procedures are exhausted. Section 13-79-103(5) bars the office from interpreting the governing documents themselves, so it can address the statutory records and meeting duties but not whether a particular covenant is reasonable.