A law passed earlier this year by the state Legislature provided for it, and now the Utah Department of Commerce has launched the Office of the Homeowners’ Association Ombudsman.
HB217 was enacted to regulate homeowners’ associations, or HOAs, and the new bureau as part of that law, specifically to help HOAs and their members resolve disputes.
Now, the Office of the Homeowners’ Association Ombudsman will review filings from either HOAs or their member residents, then release an opinion. The opinions from the new office will deal with state law and not the rules that individual HOAs have in their bylaws.
HB217, which took effect on May 7, expands existing oversight mechanisms and introduces new ones. It contains fee restrictions, transparency requirements, limitations on rules and parameters on approving amendments, and design review standards.
Rep. Neil Walter, R-St. George, introduced the bill with the caveat: “The focus here is not to try and weigh in on whether your garbage cans come in on time or what color your house is.” Instead, Walter said, it could target things like financial disclosures, laws pertaining to political yard signs or other matters related to Utah code.
In addition to offering advice to HOAs and their members, the office will also maintain a registry of all Utah HOAs and offer educational resources and training sessions for residents and HOAs.
“Our office is here to make a tangible difference by offering practical, accessible services like impartial advisory opinions on questions of state law and valuable educational resources,” said Erin Rider, who will head the new office. “We are dedicated to helping residents and associations navigate issues and build stronger relationships.”
HB217 dictates that HOAs must register with the office or face disciplinary action from the state that may include sanctions like not being able to enforce liens against homeowners.