In the state of Utah, the homeowner association (HOA) and municipal laws may determine whether homeowners are required to sign a long-term stormwater maintenance agreement. Certain HOAs may require that all homeowners within the association sign this document as a condition of buying or renting a property within the community. The use of stormwater management techniques is mandated by local legislation in Utah in all MS4 districts, and this requirement could be expressed in a long-term stormwater maintenance agreement. The agreement may include provisions for regular inspections, maintenance, and repairs of stormwater management systems for properties one acre or more, as well as guidelines for maintaining the systems in good working condition. It may also include provisions for addressing any issues that may arise and for reporting any non-compliance to the relevant authorities.
Are Home-owners liable?
Depending on the conditions of the agreement and the rules of the homeowner association, residents could be subject to fines for failing to comply with a long-term stormwater maintenance agreement. Some HOAs may have clauses that impose fines or penalties for breaking the terms of the contract, and they may use their enforcement mechanisms to carry out these penalties. There might not be any provisions for fines or penalties in other HOAs. You need to read the long-term stormwater maintenance agreement and speak with your particular HOA to learn about their regulations and repercussions for non-compliance. It’s also important to remember that breaking municipal stormwater management standards might result in penalties and fines levied by the State from $5,000 to $25,000 a day.
