Start with the basics. After the next page, you can submit right away or
add more detail if you have documents and roster information ready.
Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Community Association Act)
Most non-condominium HOAs in Utah are governed by the Community Association Act (Utah Code Title 57, Chapter 8a). After the developer's period of administrative control ends, the Act generally prevents governing documents from requiring more than 67% of voting interests to amend, and your recorded declaration sets the actual threshold within that limit (Utah Code § 57-8a-104). Under a 2025 amendment, an amendment after that period may generally be approved by a majority vote, or a higher percentage if the declaration requires, at an owner meeting where at least 51% of voting interests are present.
Condominiums (Condominium Ownership Act)
Condominium projects are governed by Utah's Condominium Ownership Act (Utah Code Title 57, Chapter 8). It generally prevents the declaration from requiring more than 67% of voting interests to amend, and the management committee (board) generally cannot amend the declaration on its own (Utah Code § 57-8-39). A 2025 update generally allows an amendment after the developer's control period to be approved by a majority vote at an owner meeting where at least 51% of voting interests are present. Certain changes, such as a unit's undivided interest in the common areas or unit boundaries, generally fall outside that cap and may require affected-owner consent.
How the vote can run
Most Utah associations are nonprofit corporations, so member voting also follows the Utah Revised Nonprofit Corporation Act (Title 16, Chapter 6a). Written ballots are generally authorized, and electronic transmission such as email or a web portal may be used when the bylaws allow (Utah Code §§ 16-6a-709, 16-6a-102). Because 2025 changes generally direct that a declaration amendment be voted on at an owner meeting with a quorum of at least 51% of voting interests, your bylaws and declaration control whether a mailed or electronic ballot can substitute for an in-meeting vote.
Before we quote
Utah details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Utah vote has to answer.
Utah generally caps the owner-approval requirement to amend a declaration at 67% of voting interests after the developer's period of administrative control ends (Utah Code §§ 57-8-39, 57-8a-104).
The recorded declaration (CC&Rs) controls the exact percentage and procedure, as long as it stays within the statutory 67% ceiling.
Under a 2025 update (H.B. 217), an amendment after developer control may generally be approved by a majority vote, or a higher percentage if the declaration requires, at an owner meeting where at least 51% of voting interests are present (Utah Code §§ 57-8-39, 57-8a-104).
The board or management committee generally cannot amend the declaration unilaterally; owner approval is generally required (Utah Code §§ 57-8-39, 57-8a-104).
An amendment to a condominium declaration generally is not valid until it is recorded with the recorder in the county where the project sits (Utah Code § 57-8-12).
Written ballots are generally permitted, and electronic ballots may be allowed where the bylaws authorize them; proxies are generally valid up to 11 months unless the appointment states otherwise (Utah Code §§ 16-6a-709, 16-6a-712).
Some changes, such as a unit's undivided interest in common areas, unit or lot boundaries, or voting rights, generally sit outside the 67% cap and may require affected-owner or unanimous consent (Utah Code §§ 57-8-39, 57-8a-104).
Condominium declarations may require lender approval; under Utah Code § 57-8-41 a notified lender that does not respond within 60 days is generally treated as consenting.
Step 1 of 5
Your contact info
Tell us who to contact and which community needs a quote.
