This website is not an official Skyline Mountain Resort (SMR) site, nor is it affiliated with any official SMR committee.
As an individual committed to helping, I’ve created this space to organize what I’m learning. My hope is that it fosters transparency, engagement, and informed participation in the process of updating Skyline Mountain Resort’s governing documents.
While I strive for accuracy, errors may occasionally occur. Members are encouraged to verify information independently to ensure accuracy.
Overall Goal
My primary objective in reviewing these documents is to start from the last legally approved version by the members and ensure that any proposed changes are justified based on the following criteria:
Legal Requirement – Is this change mandated by state law or regulations?
Member Benefit – Does this change address a legitimate issue and serve the best interests of the members?
Secondary Goals
The governing documents should be written and enforced to protect the rights and interests of owners, not to consolidate power within the board or association. Their primary purpose is to serve the community by ensuring fair, transparent, and owner-focused governance, rather than granting unchecked authority to a select few
— Alisha Bird
The committee is currently meeting twice a month to review documents.
If you have a concern or topic you would like considered for inclusion in the governing documents, please email me or another committee member with a brief outline of your proposal.
I'd appreciate assistance in comparing the 2015 documents with the current in-progress versions. To facilitate this, I propose using Google Docs and can provide a simple template to structure our analysis. I'm also open to any ideas you might have on how to effectively organize this comparison.
Reach out with ideas to solve problems that would benefit all members. The best way to do this is send your request by email to alishabird@gmail.com or another committee member.
If you have concern with sections of what you are reading in the in progress documents reach out to the Governing Documents Committee and the SMR Board. (Form coming)
Board members and other community representatives are open to questions, so please reach out. Your input is valuable, and we are committed to crafting governing documents that reflect the needs and wishes of the entire community. Participation is both encouraged and essential to ensuring a fair and representative outcome.
Governing Document Committee as of February 5, 2025
Kevin Mason
SMR Board Vice President, Golf Course: 385-225-5178 | vicepresident@skylinemountainresort.com
Parker Christensen
New committee member: 435 469-2170 | o8pc@hotmail.com
Kim Hansen
General Manager: gm@skylinemountainresort.com
Dave Peterson
New committee member: daveapeterson@yahoo.com
Alisha Bird
Site Creator, New committee member: 801-380-4649 |alishabird@gmail.com
The committee has held one meeting to get the ball rolling. While it's a good start, I have significant concerns about the scope of work required and the apparent timeline. From what I understand, the goal is to have the document completed by May for member review, with a vote at the annual meeting in June. I’m not sure this timeline is realistic.
Order of Precedence
I have started compiling all relevant documents and made them available for review. I also found a few documents not currently available on SMR, which I will recommend be added to the document archive.
Voting (High Level of Concern)
Voting procedures represent one of the most significant changes I identified in my initial review of the documents. I previously created these documents which where presented in the October Member meeting: "Weighted Voting," which works in tandem with "Voting Requirements." Here is an example of a vote with the proposed Weighted Voting.
Conclusion:
The proposed changes to our governing documents effectively strip the decision-making power from over 800 members, placing it into the hands of just a few individuals. This is more than just a procedural shift—it puts our entire community at risk of decisions being made that don’t reflect the will or interests of the majority. Imagine the consequences: a small group of people could approve changes that affect everyone’s property, finances, and the character of our community, without meaningful input from the rest of us.
CC&R Declaration Comparison
I have compared approximately pages 1-3 of both documents and noted key differences. Working on a visual comparison with notes.
Confusing References to 2015 Bylaws (Section 10.10) – The requirements for making changes in compliance with the 2015 documents are unclear. What should be two outlined requirements appear to have been expanded into four, creating unnecessary confusion.
Incorrect or missing dates—some dates referenced are not actual dates.
Meeting inconsistencies—meeting references do not align with Member Meetings.
Potential Placeholder Text – The wording is so unclear and include incorrect dates to the point that I suspect it may be a placeholder correct information rather than an intentional revision.
At this stage, I do not feel confident in the current documents as written and would not recommend they be put to a vote.
For Reference
Understanding the order of precedence for governing documents is crucial for interpreting and applying community rules. The documents that govern typically follow this hierarchy:
1. Federal and State Laws
All rules and documents must comply with federal and state laws, including Fair Housing and Property Rights laws.
Community Association Act in Utah was most recently amended by Chapter 503 during the 2023 General Session, with the changes becoming effective on May 3, 2023. These amendments are currently in effect. However, it's important to note that further amendments are currently in the legislature for the 2025 session.
Community Association Act:
The Utah Nonprofit Corporation Act (Title 16, Chapter 6a of the Utah Code) provides the legal framework for the formation, operation, and dissolution of nonprofit corporations within the state. This act outlines the rights and responsibilities of nonprofit entities, including governance structures, membership protocols, and reporting obligations.
For a comprehensive understanding of these changes and their implications, it is advisable to consult the latest version of the Utah Code or seek legal counsel.
2. Recorded Plat, Plan, or Map
These define lot boundaries, easements, and community layout as recorded with the county.
SMR documents: Skyline Highlighted Plat (numbered Plats with line indicating Year Round vs Seasonal) Any changes to this would have a ripple effect. I don’t believe we can arbitrarily modify this in the CC&Rs. If boundary changes were necessary, they would need to be made at Recorded Plat, Plan or map level. Likely requiring approval from the county and the water district.
SMR documents: All Maps and Plats
Search your own record: Sanpete County Recorder/ Surveyor
3. Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
The primary governing document, dictating property use, maintenance responsibilities, and restrictions.
2015 CC&R's (Approved by members with Deeding Packet) See Example:
In Progress CC&R's
4. Articles of Incorporation
Establish Skyline Mountain Resort as a legal entity and outline its powers and limitations.
5. Bylaws
Set rules for governance, board structure, voting procedures, and meetings.
2015 Bylaws (Last Approved by Members)
2020 Bylaws (Use as reference)
6. Rules and Regulations
Detailed policies created by the board to enforce CC&Rs and bylaws.
Rules and Regulations (Current)
Rules and Regulations (In Progress)
Following Our Bylaws
The 2015 CC&Rs and Bylaws were the last governing documents approved by individual members, coinciding with the deeding packet. However, a 2020 version of the Bylaws is on file with the county, which was never voted on by the membership.
See Example for the Consent of an Individual Owner Approving Governing Documents Known as 2015. (Add Deeding Packet here)
Confirmation of filing from attorney.
The 2020 Bylaws change voting rights and as such are required to be voted on according to the 2015 Bylaws that were in place.
From the 2015 Bylaws
Section 10. Amending the Bylaws
The Board may amend these Bylaws at any time to add, change, or delete a provision, unless it would result in a change of the rights, privileges, preferences, restrictions, or conditions of a membership class as to voting, dissolution, redemption, or transfer by changing the rights, privileges, preferences, restrictions, or conditions of another class, in which event only the Members may amend such provisions in these Bylaws. The Members may amend these Bylaws even though they may also be amended by the Board, pursuant to Utah Code Annotated §16-6a-1010.
Explained:
Lot owners received and approved the deeding packet documents, signing a consent form that authorized the SMR Board to take necessary actions, including implementing CC&Rs. The 2015 governing documents were established when the lots were officially recorded with the county. During this transition, the resort evolved from its prior status into a more formally structured community with recorded plats and individual property deeds. As part of this process, owners relinquished certain previously held rights in order to secure their deeds thus putting into place recognized governing documents.
In 2020, the board at that time worked on drafting new bylaws, which were subsequently voted on by the board only and recorded with the county. However, under the governance structure of the resort, any changes to such fundamental documents required approval from the broader community to ensure they reflected the collective interests and needs of all members. Because the community is self-governed through board representation, a general board vote alone was insufficient for legitimate implementation of the 2020 bylaws because changes were made to voting. Any change made without the vote from the membership that changes voting is in direct conflict with the 2015 documents.
As we move forward with drafting new governing documents, it is critical not to adopt the 2020 bylaws (recorded May 28th, 2020 in conflict with state laws passed in the legislative session effective May 1, 2000 in conflict with 2015 bylaws) as a default starting point. Instead, we must first examine how and why they diverged from the 2015 version to ensure that future decisions align with the original intent and the community’s best interests.
The last fully recognized governing documents remain the 2015 CC&Rs and bylaws, and they should serve as the foundation for any revisions. This approach best honors the consent that individual owners originally granted for governance while maintaining the integrity of the community’s self-governing principles.
Following State Law
Governing Law:
Utah Revised Nonprofit Corporation Act (Title 16, Chapter 6a pg.72)
16-6a-1012 Bylaw changing quorum or voting requirement for directors.
Bylaws that fix a greater quorum or voting requirement for the board of directors may be amended:
(a) if adopted by the members, only by the members; or
(b) if adopted by the board of directors, by:
(i) the members; or
(ii) the board of directors.
Bylaws adopted or amended by the members that fix a greater quorum or voting requirement for the board of directors may provide that the bylaws may be amended only by a specified vote of:
(a) the members; or
(b) the board of directors.
Action by the board of directors under Subsection (1)(b) to adopt or amend bylaws that change the quorum or voting requirement for the board of directors shall meet the greater of the quorum and voting requirement for taking the action:
(a) then in effect; or
(b) proposed to be adopted.
Enacted by Chapter 300, 2000 General Session. effective on May 1, 2000
Source URL page 72: https://le.utah.gov/xcode/title16/chapter6a/C16-6a_1800010118000101.pdf
Utah Community Association Act (Title 57, Chapter 8a for HOAs)
Board Authority:
Boards may propose changes to voting rights but cannot unilaterally enact them.
Approval Requirements:
Changes to voting rights require approval by the percentage of members specified in the governing documents, but not exceeding 67% of all members, unless the amendment involves boundary changes or other exceptions outlined by law.
Restrictions on Voting Right Changes:
Boards cannot modify voting rights, preferences, or privileges in a way that significantly affects member representation without broader member approval.
Voting rights changes are considered substantial amendments and must align with governing document provisions.
Effective Date:
These provisions took effect under the Utah Revised Nonprofit Corporation Act as of May 1, 2000, and are supported by the Utah Community Association Act (effective May 3, 2004).
Legal Safeguards:
Any changes to voting rights must follow due process and the steps outlined in:
Articles of Incorporation or CC&Rs (Covenants, Conditions, and Restrictions).
Utah law, including state-specific thresholds for member approval.
Boards must act in good faith and in the best interests of the community.
Relevant Sections:
Utah Revised Nonprofit Corporation Act: Title 16-6a-1010 and Title 16-6a-822
Utah Community Association Act: Title 57-8a-104