The new laws enacted by HB 157 (Utah Code section57-8-58in the Condo Act and57-8a-229in the Community Association Act) require that an HOA may not, after the period of declarant control, sue a declarant (or a board of directors, or an employee, an independent contractor, or the agen...
“While co-op governing documents may permit such removal as well, in the condominium context, case law limits the ability of governing documents to authorize the removal of directors for reasons not permitted by statute, and there is no similar condominium statutory provision that contemplates remov...