108-3-9 Homeowners Association

In order to provide for proper management and maintenance of commonly owned areas and private improvements, all cluster subdivisions with such areas or improvements are required to have a homeowners association. The applicant, prior to recording a final plat of the cluster subdivision, shall: Establish a homeowners association and submit for the county's review the necessary articles of incorporation, bylaws, and declaration of covenants, conditions, and restrictions that provide for: Compliance with Utah State Code; The reason and purpose for the association's existence; Mandatory membership for each lot or homeowner and their successors in interest; The perpetual nature of the easements related to all dedicated open space parcels; Responsibilities related to liability, taxes, and the maintenance of recreational and other infrastructure and facilities; Financial obligations and responsibilities, including the ability to adjust the obligations and responsibilities due to change in needs; Association enforcement remedies; and A notification of the county's ability to enforce the terms of the owner's dedication on the subdivision dedication plat. Register the homeowners association with the state of Utah, Department of Commerce. Agricultural protection. Homeowners association documents, covenants, conditions, and restrictions shall not prohibit or unreasonably restrict agricultural operations occurring on designated open space parcels. Agricultural activities may include but are not limited to: 1 Crop production 2 Livestock grazing 3 Irrigation operations 4 Use of agricultural equipment 5 Fertilization and soil amendments 6 Agricultural fencing 7 Normal seasonal agricultural noise, dust, and odors HOA rules shall acknowledge that agricultural operations are a primary purpose of preserved open space and may create typical agricultural impacts. A right-to-farm disclosure shall be included in HOA documents and on the final plat HOA enforcement authority shall not supersede approved agricultural uses.