Q. What are CC&R’s?

A. CC&R’s stands for covenants, conditions and restrictions and is a common term applied to any document that is recorded in the office of the county recorder that imposes limitations on the manner in which you use your property and/or defines your rights and duties with respect to common area in which you have an ownership interest. Sometimes the CC&R’s are entitled simply Covenants, Conditions and Restrictions, or Declaration of Covenants, Conditions and Restrictions, Protective Covenants, Restrictive Covenants, or Declaration of Condominium.

Q. Can my homeowners association really restrict my ability to have a dog in my unit?

A. Maybe. If your dog or other pet is really just a pet, even though you think of it as family, then depending upon the content of the governing documents, including the recorded CC&R’s and any rules or regulations promulgated by your homeowners association, your homeowners association may be able to restrict your ability to have a dog or other pet on site. However, the Fair Housing Act provides protections for “service animals” (such as seeing eye dogs) and “companion animals” that are related to a medical condition, and your homeowners association cannot prevent you from having a legitimate “service animal” or “companion animal.”

Q. Can my homeowners association restrict my ability to have a satellite dish on my unit?

A. No. The Telecommunications Act of 1996 provides protections for video antennas, including home satellite dishes that are less than one meter (39.37”) in diameter, TV antennas and wireless cable antennas, and prohibits most restrictions that may otherwise be imposed by a homeowners association that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.

Q. My tenant has not paid rent this month, can I change the locks while they are at work?

A. No. Locking out a tenant is a method of self-help that is not permitted under Utah law and can actually subject you to liability to the tenant. In order to evict a tenant, even one who is delinquent in making their rental payments, you need to go through the eviction process, obtain a court order and let a member of the sheriff or constable’s office enforce the court order.

Q. If the utilities are in my name as the landlord, can I have the utility service to a rental unit terminated if the tenant is delinquent in paying their rent?

A. No. Terminating the utility service to a rental unit is a method of self-help that is not permitted under Utah law and can actually subject you to liability to the tenant. In order to evict a tenant, even one who is delinquent in making their rental payments, you need to go through the eviction process, obtain a court order, and let a member of the sheriff or constable’s office enforce the court order.

Q. Can I remove the front door from a rental unit as an incentive for my tenant to pay their delinquent rent?

A. No. This is yet another method of self-help that is not permitted under Utah law and can actually subject you to liability to the tenant. In order to evict a tenant, even one who is delinquent in making their rental payments, you need to go through the eviction process, obtain a court order, and let a member of the sheriff or constable’s office enforce the court order.