Utah County Council to approve amendments to Cottages open space agreement

During the recent Utah County Commission meeting held on April 21, 2021, significant discussions centered around amendments to a maintenance and open space preservation agreement related to the Cottages Community Association in Hobble Creek Canyon. The meeting highlighted the need to update existing legal requirements that have evolved since the original agreements were established.

County Attorney Rob Morich provided a historical context for the proposed changes. In 1999, Utah County's land use ordinance mandated the approval of Covenants, Conditions, and Restrictions (CC&Rs) for homeowner associations. This requirement was part of a maintenance and open space agreement involving the county, T&M Development, and the Cottages Community Association. However, in 2006, the ordinance was revised, eliminating the need for county approval of CC&Rs. Despite this change, the original agreement still required county consent for the Cottages' CC&Rs.

To address this inconsistency, Morich proposed a first amendment to the maintenance and open space agreement, which would remove the county's obligation to approve the Cottages' CC&Rs. This amendment aims to align the agreement with current legal standards, reflecting the county's updated land use policies. The proposal is pending approval from the county commission and requires the consent of T&M Development and the Cottages Community Association.

Additionally, the commission discussed the need for the county's consent to an amended and restated version of the CC&Rs. Morich indicated that the majority of the changes in the amended CC&Rs—approximately 95%—do not raise legal concerns for the county. This suggests a streamlined process moving forward, as the county seeks to facilitate the development while ensuring compliance with current regulations.

In conclusion, the discussions during this meeting underscore the county's efforts to modernize its agreements with local developments, reflecting changes in legal requirements and promoting smoother governance. The anticipated approval of these amendments will likely enhance operational efficiency for the Cottages Community Association and T&M Development, while also clarifying the county's role in future developments.