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A Utah HOA wants to amend its CC&Rs to restrict short-term rentals (such as Airbnb). Under Utah's Community Association Act, what is required?

Correct Answer

B) The amendment must comply with the CC&R amendment procedures, typically requiring a supermajority vote of homeowners

Under Utah's Community Association Act, amending CC&Rs to add rental restrictions typically requires following the amendment procedures specified in the existing CC&Rs, which usually require a supermajority vote (often 67% or 75%) of homeowners. A board vote alone is generally insufficient for CC&R amendments that restrict property rights.

Answer Options
A
A simple majority vote of the board of directors
B
The amendment must comply with the CC&R amendment procedures, typically requiring a supermajority vote of homeowners
C
Approval from the Division of Real Estate
D
CC&Rs cannot be amended after initial recording

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Related Topics & Key Terms

Related Topics:

Utah Community Association ActCC&R amendment proceduresshort-term rental regulations in UtahHOA board authority vs. homeowner authoritysupermajority voting requirements

Key Terms:

CC&R amendmentsupermajority voteCommunity Association Actshort-term rental restrictionsHOA governancehomeowner approval

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