Management Minutes, 10-06-2026

Management Meeting, October 6, 2026
In attendance: Michael, Ben, Kerry, Cheryl, Sarah

Management members meeting via Zoom with HOA Attorney Caleb Andrews of Miller and Harrison

Cost of CC&R rewrites generally

• Full rewrite of CC&Rs and Bylaws by Miller and Harrison is $6500
• We probably don’t need a full rewrite
• Standalone amendments could be $1-2k range
• Implementing a new framework or multiple sections will result in things adding up

How much do we need in CC&Rs versus Rules and Regulations?

• Generally the hierarchy according to Utah Code Sec 57-8-40, subsection 5, conflicts between various documents, establishes hierarchy
• If things are in the declaration, they can’t be superseded by things in rules and regulations
• CC&Rs should touch on every topic and be 40-60 pages, but should give deference to the rules and regulations and give some flexibility to management
• Should be “as determined by the board, but defaulting to $XXX”
• Effectively this says management can change rules and regulations
• If there are things that you don’t want future board members to be able to change, they need to be in the CC&Rs (rental cap, etc.)
• Ben points out that board can’t enact new rules for longer than three months before vote/consensus is required
• Caleb responds that the Condo Law doesn’t specify a process for adoption of new rules
• Cheryl asks about our lack of a formalized rules and regulations document and whether there is a process for adopting new rules
• Caleb responds that there isn’t an established process for this, and even a notice isn’t required; this is due to dealing with emergent needs in HOAs
• Rules that we should have: 1. A general rule book where you try to get everything in one place—could be one page, or up to 20, but more than that isn’t great; 2. Could draft a resolution on a given topic

Things that should be in the rules and regulations

• Collection policy—how delinquent an owner should be before attorney
• Enforcement policy with a fine schedule
• Parking policy or decorations, that kind of thing is common

Participation and Pay or Play (i.e. fines for non-participation)

• Can we charge a late fee for a fine such as this? Some incentive for payment?
• Caleb responds that yes you can charge late fee fines
• Is the rule sufficiently clear about participation versus non-participation
• Utah Code 57-8-37 addresses this (warning, initial fine, subsequent fine)
  • Subsection 3C says that interest and late fees can be added 

Transfer fees and reinvestment fees

• In the meantime before revising CC&Rs to set reinvestment fees, can we continue to charge a transfer fee?
• Have to have a Fee Schedule in the CC&Rs, 57-8-8.1 addresses this
• Caleb says you can charge administrative fees, such as rental admin fees, which can be up to $200 to landlord/unit owner for tracking rentals
• Put things in fee schedule and put it in closing costs
• Reinvestment fees do not need to be itemized
• Cheryl got the impression from the HOA Ombudsman that transfer fees
• Caleb responds that transfer fees have been illegal since 2010, and it is more terminology to reinvestment fee rather than an actual change in the process
• We should use different terminology Utah Code 57-1-46
• Ben asks if the CC&Rs lack a statement about reinvestment fee, can we charge anything
• Caleb responds that yes this is the case
• Reference to reinvestment fee needs to be in the Declaration, and a notice is also required

Administrative Setup Fee

• This is new as of last year, and can be charged to sellers as long as it goes to the association (Utah Code 57-1-46); distinct from a transfer fee and distinct from a reinvestment fee
• Needs to be listed in a Fee Schedule as part of CC&Rs (57-8-8.1)

Empty unit problem

• Rental restriction in CC&Rs that you can’t rent a unit unless you lived in it for at least two years
• Inspections would need to be applied to all units equally, and would incur liability if applied only to one unit
• Caleb highlights Utah Code 57-8-8.1 Subsection 1A – uniform standard required
• Ben asks if we can establish a rule that discourages units being left empty
• Caleb responds that rules can’t be applied to rentals just because they are rentals, and this would apply
• Habitability is also a concern, and can we apply rules or inspections to assure maintenance
• Caleb asks if a claim on insurance policy in last seven years; we suspect not in last five years, Ben adds that deductible
• Refers to YouTube video that is a one-hour training on HOA insurance

Adjacent Property Water Access

• Caleb highlights the term Prescriptive Easement
• Stopping water access now, if use continues, would only help their case
• Permissive versus adverse treatment
• Demand letter (notice) is the first step, could be written by us
• Statute of limitations on how much could be collected against back water usage
• Can cap water line, but that would be abrupt
• Without facts written down, there may be a lot of work ahead

Walkway maintenance versus unit walkways

• If common trees are causing unit owner walkways to heave, is it still unit owners’ responsibility to repair
• Is there liability concern with those walkways that will fall on the
• Trees are very protected under the law, and owners would have to alert tree owner and request repair beforehand (i.e. with notice)
• For liability, it matters which insurance policy covers walkways

Next steps

• List of proposed amendments (scope) can yield a more accurate price
• Full revision packet includes letter to owners and ballots

Regularly scheduled management meeting

Bookkeeping update/Financial report

• 2026 books are clean
• Kerry suggests a monthly report on bookkeeping; Cheryl agrees and states that now that we have accurate and clean information this is a good idea
• September actuals are due by 10/15, so report can be given at next management meeting
• Cheryl feels Wiki is somewhat “no man’s land” and may not be checked
• Ben suggests that reports from Quickbooks could be automatically pulled and published to Announcements channel on Discord
• All members approve this idea
• Ben adds that Quickbooks integration can also generate committee budget reports 

Ben instructed management members on how to utilize QuickBooks integration in Discord to generate budget reports

Ben summarized draft of 2027 budget, which will be presented at next ACM

Maintenance updates

• Granularity Inc has repaired unit 23 deck door threshold and will move on to unit 15
• Preliminary roofing inspection resulted in less worry about shingles, and got us back in touch with Superior Gutters, which is under new management
• Two bids have come in regarding unit 19 drainage—French drains are suggested with estimates coming in at about $5000

Administrative Setup Fee

• Unit sales will continue to result in a $500 administrative setup fee
• A fee schedule, if necessary, can be enacted by management for up to three months