16-6a-701. Annual and regular meetings

(1) Unless the bylaws eliminate the requirement for holding an annual meeting, a nonprofit corporation that has voting members shall hold a meeting of the voting members annually:
     (a) at a time and date stated in or fixed in accordance with the bylaws; or
     (b) if a time and date is not stated in or fixed in accordance with the bylaws, at a time and date stated in or fixed in accordance with a resolution of the board of directors.

(2) A nonprofit corporation with members may hold regular membership meetings at:
     (a) a time and date stated in or fixed in accordance with the bylaws; or
     (b) if a time and date is not stated in or fixed in accordance with the bylaws, at a time and date stated in or fixed in accordance with a resolution of the board of directors.

(3) (a) Annual and regular membership meetings may be held in or out of this state:
            (i) at the place stated in or fixed in accordance with the bylaws; or
            (ii) if no place is stated in or fixed in accordance with the bylaws, at a place stated in or fixed in accordance with a resolution of the board of directors.
     (b) If no place is stated or fixed in accordance with Subsection (3)(a), annual and regular meetings shall be held at the nonprofit corporation's principal office.

(4) The failure to hold an annual or regular meeting at the time and date determined pursuant to Subsection (1) does not:
     (a) affect the validity of any corporate action; or
     (b) work a forfeiture or dissolution of the nonprofit corporation. 


Enacted by Chapter 300, 2000 General Session

Utah HOAs are required to do certain things annually.  Incorporated associations are required by the Nonprofit Act to hold an annual meeting.  All associations are required to:

  • Annually provide owners a summary of the most recent reserve analysis or update performed pursuant to Section 57-8a-211 for community associations, and 57-8-7.5 for condominium associations.
  • In formulating its budget year, an association must include a reserve fund line item in an amount the board determines, based on the reserve analysis, to be prudent, or if a higher amount is required by the governing documents in a community association, or by the declaration in a condominium association, than in that higher amount (id.). 
  • Additionally, boards of community associations (non-condo HOAs) are required to, at least annually, prepare and adopt a budget for the association and present the adopted budget to the association members at a meeting of the members (Section 57-8a-215).  There is no corollary requirement for condominium associations. 

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