13-79-103. Duties and jurisdiction of office.

539 words·~2 min read·/ut/title-13/chapter-79/13-79-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)The attorneys of the office shall:

(a)develop and maintain expertise in and understanding of issues and statutes impacting unit owners, lot owners, associations of lot owners, and associations of unit owners; and

(b)upon request:

(i)analyze a complaint from a lot owner, a unit owner, an association of lot owners, or an association of unit owners regarding the conduct of a lot owner, a unit owner, an association of lot owners, or an association of unit owners; and

(ii)provide an advisory opinion as described in Section 13-79-104 .

(a)Neither the office nor the office's attorneys may represent private parties, state agencies, local governments, or any other individual or entity in a legal action that arises from or relates to a matter addressed in this chapter.

(b)No attorney of the office may be compelled to testify in a civil action filed concerning the subject matter of any review or advisory opinion arranged through the office.

(3)Except as provided in Subsection 13-79-104(10) , evidence of a review by the office and the opinions, writings, findings, and determinations of the office are not admissible as evidence in a judicial action or arbitration.

(4)The office shall:

(a)analyze a complaint and issue an advisory opinion only for issues relating to a violation of a state statute;

(b)make public each advisory opinion the office issues in accordance with Subsection (4)(a) ;

(c)provide, on the office's website:

(i)a list of statutes that impact unit owners, lot owners, associations of lot owners, and associations of unit owners; and

(ii)a list of frequently asked questions that the office receives and answers to those questions;

(d)publish educational materials on the office's website providing, in simple and easy to understand language, a brief overview of state law governing associations of unit owners and associations of lot owners, including:

(i)a description of the rights and responsibilities provided in Title 57, Chapter 8, Condominium Ownership Act, to a party under the jurisdiction of Title 57, Chapter 8, Condominium Ownership Act;

(ii)a description of the rights and responsibilities provided in Title 57, Chapter 8a, Community Association Act, to a party under the jurisdiction of Title 57, Chapter 8a, Community Association Act; and

(iii)instructions regarding how an association of unit owners or an association of lot owners may be organized and dismantled in accordance with this chapter; and

(e)direct an individual that makes a phone call to the office to the resources described in this Subsection

(4).

(5)The office may not provide any service that requires interpreting the governing documents of an association of lot owners or the governing documents of an association of unit owners, including determining whether a provision of the governing documents is reasonable.

(6)An action that an attorney employed by the office takes within the scope of the attorney's employment in the office does not create an attorney-client relationship between the office or the office's attorneys and any of the following:

(a)a lot owner;

(b)a unit owner;

(c)an association of lot owners; or

(d)an association of unit owners.

Amended by Chapter 62 , 2026 General Session