§ 57-8a-109 — Approval of plans.

(1) As used in this section:
(1)(a) "Fire-resistant material" means a material designed and tested to resist ignition, slow the spread of fire, or withstand high temperatures, including:
(1)(a)(i) Class A roofing;
(1)(a)(ii) non-combustible siding;
(1)(a)(iii) a fiber cement product;
(1)(a)(iv) metal roofing; or
(1)(a)(v) fire-rated gypsum board.
(1)(b) "Lot plans" means plans:
(1)(b)(i) for the construction or improvement of a lot; and
(1)(b)(ii) that are required to be approved by the association before the lot construction or improvement may occur.
(1)(c) "Plan fee" means a fee that an association charges for review and approval of lot plans.
(2) An association may not charge a plan fee that exceeds the actual cost of reviewing and approving the lot plans.
(3) An association may not prohibit, unreasonably restrict, deny, or delay a plan due to the plan's inclusion of a fire-resistant material in an area with heightened risk of wildfire.
(4) If the association denies a lot plan, the association shall provide written notice to the lot owner specifying:
(4)(a) each governing document provision on which the association relied when denying the plan; and
(4)(b) the specific aspect of the proposed plan that does not conform to the specified governing document provision.

Legislative History

Amended by Chapter 226, 2025 General Session