Legal Question in Consumer Law in Utah
Declarations not recorded
If a ''Homeowner's Association'' that has a declaration that is not valid until recorded with the county and has never recorded their declarations and by-laws with the County recorder, are the documents even valid?
Asked on 1/31/07, 4:08 pm
1 Answer from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
Re: Declarations not recorded
Normally the HOA documents which constitute covenants and restrictions need to be recorded to have validity. The exception may be those residents with actual notice of the covenants. The operating agreement for the HOA does not need to be recorded.
Answered on 1/31/07, 4:17 pm
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