Fundamental rights that owners had when they bought their property can now be taken away with the simple filing of articles of incorporation. In fact, the board doesn't even have to tell people they have new governing documents.
Senate Bill 288 passed under the radar of consumer advocacy groups while legislators were told by sponsors Sen. Michael Waddoups, R-Taylorsville, and Rep. Gage Froerer, R-Huntsville, this legislation would protect owners' rights. In reality it strips them away. Under current nonprofit law, Utah residents have to agree to articles of incorporation before they are subject to them; under the new law, those constitutional rights are gone.
The author of the bill, attorney John Morris, said that to incorporate or reincorporate takes a vote that is often hard to get from association members. He wanted board members, who are volunteers with an often thankless job, to be able to incorporate for liability reasons and bypass a vote of the owners.
Those pesky condo owners. Can you imagine? Why would they become obstructionists, hesitating to vote for incorporation? Is it possible they want to review the rules before they become subject to them? What a concept: Read the fine print before you sign on.
Making people feel powerless over their own lives and property can seriously affect their quality of living. Legislators probably did not realize the consequences of this legislation, thinking, in fact, they were protecting owners.
However, thousands of first-time home buyers, well-meaning but uninformed boards and advocates for the elderly (56 percent of condo owners are over 50) must realize the serious implications of spawning more lawsuits by taking control of a person's life out of their own hands and switching the rules after someone has bought into an association.
Are you breathing a sigh of relief and think this only applies to condo owners? Think again. Mr. Morris plans on introducing the same legislation for all other homeowners associations next year.
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* SHELLY MARSHALL is an author, specialist in adolescent recovery and Web master for a property owners association in Fairview.
