57-8 - Condominium Ownership Act

Title 57 > 57-8

Sections (80)

57-8-1 - Short title.

This act shall be known and may be cited as the “Condominium Ownership Act.”

57-8-2 - Applicability of chapter.

This act shall be applicable only to property which the sole owner or all the owners submit to the provisions of the act by duly executing and recording a declaration as provided in the act.

57-8-3 - Definitions.

As used in this chapter: 57-8-3(1) “Assessment” means any charge imposed by the association, including:common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; andan amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). 57-8-3(2) “Association of unit owners” or “association” means all of the unit owners:acting as a group in accordance with the declaration and bylaws; ororganized as a legal entity in accordance with the declaration. 57-8-3(3) “Building” means a building, containing units, and comprising a part of the property. 57-8-3(4) “Commercial condominium project” means a condominium project that has no residential units within the project. 57-8-3(5) “Common areas and facilities” unless otherwise provided in the declaration or lawful amendments to the declaration means:the land included within the condominium project, whether leasehold or in fee simple;the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of the building;the basements, yards, gardens, parking areas, and storage spaces;the premises for lodging of janitors or persons in charge of the property;installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating;the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;such community and commercial facilities as may be provided for in the declaration; andall other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use. 57-8-3(6) “Common expenses” means:all sums lawfully assessed against the unit owners;expenses of administration, maintenance, repair, or replacement of the common areas and facilities;expenses agreed upon as common expenses by the association of unit owners; andexpenses declared common expenses by this chapter, or by the declaration or the bylaws. 57-8-3(7) “Common profits,” unless otherwise provided in the declaration or lawful amendments to the declaration, means the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after the deduction of the common expenses. 57-8-3(8) “Condominium” means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. 57-8-3(9) “Condominium plat” means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. 57-8-3(10) “Condominium project” means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. Condominium project also means the property when the context so requires. 57-8-3(11) “Condominium unit” means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. Any reference in this chapter to a condominium unit includes both a physical unit together with its appurtenant undivided interest in the common areas and facilities and a time period unit together with its appurtenant undivided interest, unless the reference is specifically limited to a time period unit. 57-8-3(12) “Contractible condominium” means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this chapter. If the withdrawal can occur only by the expiration or termination of one or more leases, then the condominium project is not a contractible condominium within the meaning of this chapter. 57-8-3(13) “Convertible land” means a building site which is a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this chapter. 57-8-3(14) “Convertible space” means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. 57-8-3(15) “Declarant” means all persons who execute the declaration or on whose behalf the declaration is executed. From the time of the recordation of any amendment to the declaration expanding an expandable condominium, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within this definition. Any successors of the persons referred to in this subsection who come to stand in the same relation to the condominium project as their predecessors also come within this definition. 57-8-3(16) “Declaration” means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. 57-8-3(17) “Electrical corporation” means the same as that term is defined in Section 54-2-1. 57-8-3(18) “Expandable condominium” means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this chapter. 57-8-3(19) “Gas corporation” means the same as that term is defined in Section 54-2-1. 57-8-3(20) “Governing documents”:means a written instrument by which an association of unit owners may:exercise powers; ormanage, maintain, or otherwise affect the property under the jurisdiction of the association of unit owners; andincludes:articles of incorporation;bylaws;a plat;a declaration of covenants, conditions, and restrictions; andrules of the association of unit owners. 57-8-3(21) “Independent third party” means a person that:is not related to the unit owner;shares no pecuniary interests with the unit owner; andpurchases the unit in good faith and without the intent to defraud a current or future lienholder. 57-8-3(22) “Judicial foreclosure” means a foreclosure of a unit:for the nonpayment of an assessment;in the manner provided by law for the foreclosure of a mortgage on real property; andas provided in this chapter. 57-8-3(23) “Leasehold condominium” means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. A condominium project including leased land, or an interest in the land, upon which no units are situated or to be situated is not a leasehold condominium within the meaning of this chapter. 57-8-3(24) “Limited common areas and facilities” means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. 57-8-3(25) “Majority” or “majority of the unit owners,” unless otherwise provided in the declaration or lawful amendments to the declaration, means the owners of more than 50% in the aggregate in interest of the undivided ownership of the common areas and facilities. 57-8-3(26) “Management committee” means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. 57-8-3(27) “Management committee meeting” means a gathering of a management committee, whether in person or by means of electronic communication, at which the management committee can take binding action. 57-8-3(28) “Means of electronic communication” means an electronic system that allows individuals to communicate orally in real time.”Means of electronic communication” includes:web conferencing;video conferencing; andtelephone conferencing. 57-8-3(29) “Mixed-use condominium project” means a condominium project that has both residential and commercial units in the condominium project. 57-8-3(30) “Nonjudicial foreclosure” means the sale of a unit:for the nonpayment of an assessment;in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; andas provided in this chapter. 57-8-3(31) “Par value” means a number of dollars or points assigned to each unit by the declaration. Substantially identical units shall be assigned the same par value, but units located at substantially different heights above the ground, or having substantially different views, or having substantially different amenities or other characteristics that might result in differences in market value, may be considered substantially identical within the meaning of this subsection. If par value is stated in terms of dollars, that statement may not be considered to reflect or control the sales price or fair market value of any unit, and no opinion, appraisal, or fair market transaction at a different figure may affect the par value of any unit, or any undivided interest in the common areas and facilities, voting rights in the unit owners’ association, liability for common expenses, or right to common profits, assigned on the basis thereof. 57-8-3(32) “Period of administrative control” means the period of control described in Subsection 57-8-16.5(1). 57-8-3(33) “Person” means an individual, corporation, partnership, association, trustee, or other legal entity. 57-8-3(34) “Political sign” means any sign or document that advocates:the election or defeat of a candidate for public office; orthe approval or defeat of a ballot proposition. 57-8-3(35) “Property” means the land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. 57-8-3(36) “Protected area” means the same as that term is defined in Section 53-29-306. 57-8-3(37) “Record,” “recording,” “recorded,” and “recorder” have the meaning stated in Chapter 3, Recording of Documents. 57-8-3(38) “Rentals” or “rental unit” means:a unit that:is not owned by an entity or trust; andis occupied by an individual while the unit owner is not occupying the unit as the unit owner’s primary residence; oran occupied unit owned by an entity or trust, regardless of who occupies the unit. 57-8-3(39) “Size” means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the record of survey map and rounded off to a whole number. Certain spaces within the units including attic, basement, or garage space may be omitted from the calculation or be partially discounted by the use of a ratio, if the same basis of calculation is employed for all units in the condominium project and if that basis is described in the declaration. 57-8-3(40) “Time period unit” means an annually recurring part or parts of a year specified in the declaration as a period for which a unit is separately owned and includes a timeshare estate as defined in Section 57-19-2. 57-8-3(41) “Unconstructed unit” means a unit that:is intended, as depicted in the condominium plat, to be fully or partially contained in a building; andis not constructed. 57-8-3(42) “Unit” means a separate part of the property intended for any type of independent use, which is created by the recording of a declaration and a condominium plat that describes the unit boundaries.”Unit” includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building.”Unit” includes a convertible space, in accordance with Subsection 57-8-13.4(3). 57-8-3(43) “Unit number” means the number, letter, or combination of numbers and letters designating the unit in the declaration and in the record of survey map. 57-8-3(44) “Unit owner” means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. 57-8-3(45) “Water wise landscaping” means:installation of plant materials, suited to the microclimate and soil conditions, that can:remain healthy with minimal irrigation once established; orbe maintained without the use of overhead spray irrigation;use of water for outdoor irrigation through proper and efficient irrigation design and water application; oruse of other landscape design features that:minimize the landscape’s need for supplemental water from irrigation;reduce the landscape area dedicated to lawn or turf; orencourage vegetative coverage. 57-8-3(46) “Water wise plant material” means a plant material suited to water wise landscaping.

57-8-4 - Status of the units.

Each unit, together with its undivided interest in the common areas and facilities, shall, for all purposes, constitute real property and may be individually conveyed, leased and encumbered and may be inherited or devised by will and be subject to all types of juridic acts inter vivos or mortis causa as if it were sole and entirely independent of all other units, and the separate units shall have the same incidents as real property, and the corresponding individual titles and interests therein shall be recordable.

57-8-4.5 - Removing or altering partition or creating aperture between adjoining units.

57-8-4.5(1) Subject to the declaration, a unit owner may, after acquiring an adjoining unit that shares a common wall with the unit owner’s unit:remove or alter a partition between the unit owner’s unit and the acquired unit, even if the partition is entirely or partly common areas and facilities; orcreate an aperture to the adjoining unit or portion of a unit. 57-8-4.5(2) A unit owner may not take an action under Subsection (1) if the action would:impair the structural integrity or mechanical systems of the building or either unit;reduce the support of any portion of the common areas and facilities or another unit; orconstitute a violation of Section 10-20-811 or 17-79-711, as applicable, a local government land use ordinance, or a building code. 57-8-4.5(3) The management committee may require a unit owner to submit, at the unit owner’s expense, a registered professional engineer’s or registered architect’s opinion stating that a proposed change to the unit owner’s unit will not:impair the structural integrity or mechanical systems of the building or either unit;reduce the support or integrity of common areas and facilities; orcompromise structural components. 57-8-4.5(4) The management committee may require a unit owner to pay all of the legal and other expenses of the association of unit owners related to a proposed alteration to the unit or building under this section. 57-8-4.5(5) An action under Subsection (1) does not change an assessment or voting right attributable to the unit owner’s unit or the acquired unit, unless the declaration provides otherwise.

57-8-5 - Recognized tenancy relationships.

Any unit may be held and owned by more than one person as joint tenants, or as tenants in common, or in any other real property tenancy relationship recognized under the laws of the state of Utah.

57-8-6 - Ownership and possession rights.

Each unit owner shall be entitled to the exclusive ownership and possession of that unit owner’s unit. The owner of a time period condominium unit shall be entitled to the exclusive ownership and possession of the physical unit to which that owner’s time period relates and shall be entitled to the use and enjoyment of the common areas and facilities during, but only during, such annually recurring part or parts of a year as describe and define the time period unit concerned in the declaration.

57-8-6.1 - Information required before sale to independent third party.

57-8-6.1(1) Before the sale of any unit under the jurisdiction of an association of unit owners to an independent third party, the grantor shall provide to the independent third party:

a copy of the association of unit owners’ recorded governing documents; and a link or other access point to the department’s educational materials described in Subsection 57-8-13.1(6). 57-8-6.1(2) The grantor shall provide the information described in Subsection (1) before closing. 57-8-6.1(3) The association of unit owners shall, upon request by the grantor, provide to the grantor the information described in Subsection (1). 57-8-6.1(4) This section applies to each association of unit owners, regardless of when the association of unit owners is formed.

57-8-6.3 - Fee for providing payoff information needed at closing.

57-8-6.3(1) Unless specifically authorized in the declaration, bylaws, or rules, an association of unit owners may not charge a fee for providing association payoff information needed in connection with the closing of a unit owner’s financing, refinancing, or sale of the owner’s unit. 57-8-6.3(2) An association of unit owners may not:

require a fee described in Subsection (1) that is authorized in the declaration, bylaws, or rules to be paid before closing; or charge the fee if it exceeds $50. 57-8-6.3(3) An association of unit owners that fails to provide information described in Subsection (1) within five business days after the closing agent requests the information may not enforce a lien against that unit for money due to the association at closing. A request under Subsection (3)(a) is not effective unless the request: is conveyed in writing to the primary contact person designated under Subsection 57-8-13.1(3)(d); contains:

the name, telephone number, and address of the person making the request; and the facsimile number or email address for delivery of the payoff information; and is accompanied by a written consent for the release of the payoff information:

identifying the person requesting the information as a person to whom the payoff information may be released; and signed and dated by an owner of the unit for which the payoff information is requested. 57-8-6.3(4) This section applies to each association of unit owners, regardless of when the association of unit owners is formed.

57-8-6.7 - Approval of plans.

57-8-6.7(1) As used in this section:“Plan fee” means a fee that an association of unit owners charges for review and approval of unit plans.”Unit plans” means plans:for the construction or improvement of a unit; andthat are required to be approved by the association of unit owners before the unit construction or improvement may occur. 57-8-6.7(2) An association of unit owners may not charge a plan fee that exceeds the actual cost of reviewing and approving the unit plans. 57-8-6.7(3) If the association denies a unit plan, the association shall provide written notice to the unit owner specifying:each governing document provision on which the association relied when denying the plan; andthe specific aspect of the proposed plan that does not conform to the specified governing document provision.

57-8-7 - Common areas and facilities.

57-8-7(1) As used in this section:

“Emergency repairs” means any repairs that, if not made in a timely manner, will likely result in immediate and substantial damage to the common areas and facilities or to another unit or units. “Reasonable notice” means: written notice that is hand delivered to the unit at least 24 hours prior to the proposed entry; or in the case of emergency repairs, notice that is reasonable under the circumstances. 57-8-7(2) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentages or fractions expressed in the declaration. The declaration may allocate to each unit an undivided interest in the common areas and facilities proportionate to either the size or par value of the unit. Otherwise, the declaration shall allocate to each unit an equal undivided interest in the common areas and facilities, subject to the following exception: each convertible space depicted on the condominium plat shall be allocated an undivided interest in the common areas and facilities proportionate to the size of the space vis-a-vis the aggregate size of all units so depicted, while the remaining undivided interest in the common areas and facilities shall be allocated equally among the other units so depicted. The undivided interest in the common areas and facilities allocated in accordance with this Subsection (2) shall add up to one if stated as fractions or to 100% if stated as percentages. If an equal undivided interest in the common areas and facilities is allocated to each unit, the declaration may simply state that fact and need not express the fraction or percentage so allocated. Otherwise, the undivided interest allocated to each unit shall be reflected by a table in the declaration, or by an exhibit or schedule accompanying the declaration and recorded simultaneously with it, containing columns. The first column shall identify the units, listing them serially or grouping them together in the case of units to which identical undivided interests are allocated. Corresponding figures in the second and third columns shall set forth the respective sizes or par values of those units and the fraction or percentage of undivided interest in the common areas and facilities allocated thereto. 57-8-7(3) Except as otherwise expressly provided by this act, the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of two-thirds of the unit owners expressed in an amended declaration duly recorded. The undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be considered to be conveyed or encumbered or released from liens with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. A time period unit may not be further divided into shorter time periods by a conveyance or disclaimer. 57-8-7(4) The common areas and facilities shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this act as provided in Sections 57-8-22 and 57-8-31. Any covenants to the contrary shall be null and void. 57-8-7(5) Each unit owner may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other unit owners. 57-8-7(6) The necessary work of maintenance, repair, and replacement of the common areas and facilities and the making of any additions or improvements thereon shall be carried out only as provided in this chapter or in the declaration or bylaws. 57-8-7(7) Except as otherwise provided in the declaration or Section 57-8-43:

an association of unit owners is responsible for the maintenance, repair, and replacement of common areas and facilities; and a unit owner is responsible for the maintenance, repair, and replacement of the unit owner’s unit. 57-8-7(8) After reasonable notice to the occupant of the unit being entered, the manager or management committee may access a unit:

from time to time during reasonable hours, as may be necessary for the maintenance, repair, or replacement of any of the common areas and facilities; or for making emergency repairs. 57-8-7(9) An association of unit owners is liable to repair damage it causes to the common areas and facilities or to a unit the association of unit owners uses to access the common areas and facilities. An association of unit owners shall repair damage described in Subsection (9)(a) within a time that is reasonable under the circumstances.

57-8-7.2 - Scope — Designation of certain areas.

57-8-7.2(1) Unless otherwise provided in the declaration, this section applies to a unit if the declaration designates a wall, floor, or ceiling as a boundary of the unit. 57-8-7.2(2) The following are part of a unit:lath;furring;wallboard;plasterboard;plaster;paneling;tiles;wallpaper;paint;finished flooring; andany other material constituting part of the finished surface of a wall, floor, or ceiling.Any portion of a wall, floor, or ceiling not listed in Subsection (2)(a) is part of the common areas and facilities. 57-8-7.2(3) If a chute, flue, duct, pipe, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit:any portion of an item described in this Subsection (3) serving only that unit is part of the limited common areas and facilities; andany portion of an item described in this Subsection (3) is part of the common areas and facilities if the item serves:more than one unit; orany portion of the common areas and facilities. 57-8-7.2(4) Subject to Subsection (3), the following within the boundaries of a unit are part of the unit:spaces;interior partitions; andother fixtures and improvements. 57-8-7.2(5) The following, if designated to serve a single unit but located outside the unit’s boundaries, are limited common areas and facilities allocated exclusively to a unit:a shutter;an awning;a window box;a doorstep;a stoop;a porch;a balcony;a patio;an exterior door;an exterior window; andany other fixture.

57-8-7.5 - Reserve analysis — Reserve fund.

57-8-7.5(1) As used in this section:

“Reserve analysis” means an analysis to determine: the need for a reserve fund to accumulate reserve funds; and the appropriate amount of any reserve fund. “Reserve fund line item” means the line item in an association of unit owners’ annual budget that identifies the amount to be placed into a reserve fund. “Reserve funds” means money to cover: the cost of repairing, replacing, or restoring common areas and facilities that have a useful life of three years or more and a remaining useful life of less than 30 years, if the cost cannot reasonably be funded from the general budget or other funds of the association of unit owners; or a shortfall in the general budget, if:

the shortfall occurs while a state of emergency declared in accordance with Section 53-2a-206 is in effect; the geographic area for which the state of emergency described in Subsection (1)(c)(ii)(A) is declared extends to the entire state; and at the time the money is spent, more than 10% of unit owners that are not members of the management committee in the association are delinquent in the payment of assessments as a result of events giving rise to the state of emergency described in Subsection (1)(c)(ii)(A). 57-8-7.5(2) Except as otherwise provided in the declaration, a management committee shall:

cause a reserve analysis to be conducted no less frequently than every six years; and review and, if necessary, update a previously conducted reserve analysis no less frequently than every three years. 57-8-7.5(3) The management committee may conduct a reserve analysis itself or may engage a reliable person or organization, as determined by the management committee, to conduct the reserve analysis. 57-8-7.5(4) A reserve fund analysis shall include:

a list of the components identified in the reserve analysis that will reasonably require reserve funds; a statement of the probable remaining useful life, as of the date of the reserve analysis, of each component identified in the reserve analysis; an estimate of the cost to repair, replace, or restore each component identified in the reserve analysis; an estimate of the total annual contribution to a reserve fund necessary: to meet the cost to repair, replace, or restore each component identified in the reserve analysis during the component’s useful life and at the end of the component’s useful life; and to prepare for a shortfall in the general budget that the association or management committee may use reserve funds to cover; and a reserve funding plan that recommends how the association of unit owners may fund the annual contribution described in Subsection (4)(d). 57-8-7.5(5) An association of unit owners shall:

annually provide unit owners a summary of the most recent reserve analysis or update; and provide a copy of the complete reserve analysis or update to a unit owner who requests a copy. 57-8-7.5(6) In formulating the association of unit owners’ budget each year, an association of unit owners shall include a reserve fund line item in:

an amount the management committee determines, based on the reserve analysis, to be prudent; or an amount required by the declaration, if the declaration requires an amount higher than the amount determined under Subsection (6)(a). 57-8-7.5(7) Within 45 days after the day on which an association of unit owners adopts the association of unit owners’ annual budget, the unit owners may veto the reserve fund line item by a 51% vote of the allocated voting interests in the association of unit owners at a special meeting called by the unit owners for the purpose of voting whether to veto a reserve fund line item. If the unit owners veto a reserve fund line item under Subsection (7)(a) and a reserve fund line item exists in a previously approved annual budget of the association of unit owners that was not vetoed, the association of unit owners shall fund the reserve account in accordance with that prior reserve fund line item. 57-8-7.5(8) Subject to Subsection (8)(b), if an association of unit owners does not comply with the requirements of Subsection (5), (6), or (7) and fails to remedy the noncompliance within the time specified in Subsection (8)(c), a unit owner may file an action in state court for: injunctive relief requiring the association of unit owners to comply with the requirements of Subsection (5), (6), or (7); $500 or actual damages, whichever is greater; any other remedy provided by law; and reasonable costs and attorney fees. No fewer than 90 days before the day on which a unit owner files a complaint under Subsection (8)(a), the unit owner shall deliver written notice described in Subsection (8)(c) to the association of unit owners. A notice under Subsection (8)(b) shall state: the requirement in Subsection (5), (6), or (7) with which the association of unit owners has failed to comply; a demand that the association of unit owners come into compliance with the requirements; and a date, no fewer than 90 days after the day on which the unit owner delivers the notice, by which the association of unit owners shall remedy its noncompliance. In a case filed under Subsection (8)(a), a court may order an association of unit owners to produce the summary of the reserve analysis or the complete reserve analysis on an expedited basis and at the association of unit owners’ expense. 57-8-7.5(9) A management committee may not use money in a reserve fund for any purpose other than the purpose for which the reserve fund was established, unless a majority of the members of the association of unit owners vote to approve the use of reserve fund money for that purpose. A management committee may not use money in a reserve fund for daily maintenance expenses, unless:

a majority of the members of the association of unit owners vote to approve the use of reserve fund money for daily maintenance expenses; or there exists in the general budget a shortfall that the management committee may use reserve funds to cover. Members of the association of unit owners may prohibit the use of reserve fund money for daily maintenance expenses under the circumstances described in Subsection (9)(b)(i)(B) by a 51% vote of the allocated voting interest in the association of unit owners at a special meeting:

for which each unit owner receives at least 48 hours notice; and the unit owners call for the purpose of voting whether to prohibit the use of reserve fund money for daily maintenance expenses under the circumstances described in Subsection (9)(b)(i)(B). A management committee shall maintain a reserve fund separate from other funds of the association of unit owners. This Subsection (9) may not be construed to: limit a management committee from prudently investing money in a reserve fund, subject to any investment constraints imposed by the declaration; excuse an association from the requirements described in Section 57-8-58; or permit the use of money in a reserve fund for a legal action described in Section 57-8-58. 57-8-7.5(10) Subsections (2) through (9) do not apply to an association of unit owners during the period of administrative control. 57-8-7.5(11) For a condominium project whose initial declaration is recorded on or after May 12, 2015, during the period of administrative control, for any property that the declarant sells to a third party, the declarant shall give the third party:

a copy of the association of unit owners’ governing documents; and a copy of the association of unit owners’ most recent financial statement that includes any reserve funds held by the association of unit owners or by a subsidiary of the association of unit owners. 57-8-7.5(12) Except as otherwise provided in this section, this section applies to each association of unit owners, regardless of when the association of unit owners was created.

57-8-8 - Compliance with covenants, bylaws and/or house rules and administrative provisions.

Subject to reasonable compliance therewith by the manager and the management committee, each unit owner shall reasonably comply with the covenants, conditions, and restrictions as set forth in the declaration or in the deed to that unit owner’s unit, and with the bylaws and/or house rules and with the administrative rules and regulations drafted pursuant thereto, as either of the same may be lawfully amended from time to time, and failure to comply shall be ground for an action to recover sums due for damages or injunctive relief or both, maintainable by the manager or management committee on behalf of the unit owners, or in a proper case, by an aggrieved unit owner.

57-8-8.1 - Equal treatment by rules required — Limits on rules.

57-8-8.1(1) Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit owners similarly.A rule may:vary according to the level and type of service that the association of unit owners provides to unit owners;differ between residential and nonresidential uses; orfor a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant’s guest or as the unit owner’s guest. 57-8-8.1(2) Except as provided in Subsection (2)(b), if a unit owner owns a rental unit and is in compliance with the association of unit owners’ governing documents and any rule that the association of unit owners adopts under Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a rental unit.A rule may:limit or prohibit a rental unit owner from using the common areas and facilities for purposes other than attending an association meeting or managing the rental unit;if the rental unit owner retains the right to use the association of unit owners’ common areas and facilities, even occasionally:charge a rental unit owner a fee to use the common areas and facilities; andfor a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant’s guest or as the unit owner’s guest; orinclude a provision in the association of unit owners’ governing documents that:requires each tenant of a rental unit to abide by the terms of the governing documents; andholds the tenant and the rental unit owner jointly and severally liable for a violation of a provision of the governing documents. 57-8-8.1(3) Except as provided in Subsection (3)(b), a rule may not interfere with the freedom of a unit owner to determine the composition of the unit owner’s household.An association of unit owners may:require that all occupants of a dwelling be members of a single housekeeping unit; orlimit the total number of occupants permitted in each residential dwelling on the basis of the residential dwelling’s:size and facilities; andfair use of the common areas and facilities. 57-8-8.1(4) Subject to Subsection (14), an association of unit owners may by rule:unless otherwise provided in the declaration:regulate the use, maintenance, repair, replacement, and modification of common areas and facilities; andimpose and receive any payment, fee, or charge for:the use, rental, or operation of the common areas, except limited common areas and facilities; ora service provided to a unit owner;impose, for a late payment of an assessment:a late fee, not to exceed the greater of:10% of the assessment amount; or$50; andinterest on the assessment and a late fee of up to 1.5% per month; orprovide for the indemnification of the association of unit owners’ officers and management committee consistent with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act. 57-8-8.1(5) Except as provided in Subsection (5)(b), a rule may not prohibit a unit owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the owner’s condominium unit.A rule may prohibit a unit owner from installing a personal security camera in a common area not physically connected to the owner’s unit. 57-8-8.1(6) A rule may not abridge the right of a unit owner to display a religious or holiday sign, symbol, or decoration inside the owner’s condominium unit.An association may adopt a reasonable time, place, and manner restriction with respect to a display that is visible from the exterior of a unit. 57-8-8.1(7) A rule may not:prohibit a unit owner from displaying in a window of the owner’s condominium unit:a for-sale sign;a political sign; ora flag; orexcept as provided Subsection (7)(b), regulate the content or establish specific design criteria for the content of a political sign or flag.A rule may restrict a political sign or flag that contains obscene, profane, or commercial content.A rule may reasonably regulate the size and time, place, and manner of posting a for-sale sign, a political sign, or a flag. 57-8-8.1(8) For any area for which one or more unit owners, but not the association, are responsible for landscape maintenance, the association of unit owners:shall adopt rules supporting water wise landscaping, including:low water use requirements on lawns during drought conditions;design criterion for water wise landscaping; andlimiting permissible plant material to specific water wise plant material;may not prohibit low water use on lawns during drought conditions; andexcept where reasonably necessary for erosion control, may not prohibit or restrict the conversion of a grass park strip of less than 8 feet wide to water-efficient landscaping. 57-8-8.1(9) A rule may restrict a sex offender from accessing a protected area that is maintained, operated, or owned by the association, subject to the exceptions described in Subsection 53-29-306(3). 57-8-8.1(10) Except as provided in this Subsection (10), a rule may not prohibit a unit owner from making modifications, consistent with industry standards, for radon mitigation.Subsection (10)(a) does not apply if the modifications would violate:a local land use ordinance;a building code;a health code; ora fire code.A rule governing the placement or external appearance of modifications may apply to modifications for radon mitigation unless the rule would:unreasonably interfere with the modifications’ functionality; oradd more than 40% of the modifications’ original cost to the cost of installing the modifications.A rule may require that a unit owner making modifications related to radon mitigation:demonstrate or provide proof of radon contamination; andprovide proof that the modifications and any related construction will be performed by a licensed person. 57-8-8.1(11) Except as provided in Subsection (11)(b), a rule may not restrict an individual from parking an operable vehicle in a driveway where the vehicle has a legal right to park, unless the vehicle is:a commercial vehicle, as that term is defined in Section 72-9-102;a motor home, as that term is defined in Section 13-20-2; ora recreational vehicle trailer, as that term is defined in Section 13-20-2.A rule may require that an individual park in a garage appurtenant to a unit before parking elsewhere. 57-8-8.1(12) Except as provided in Subsection (12)(b), a rule may not restrict an individual from operating a vehicle that is not a commercial vehicle, as that term is defined in Section 72-9-102, in conformance with state traffic laws.A rule may enforce a reduced speed limit on a private roadway. 57-8-8.1(13) A rule may not:impose a requirement or restriction on the use of a public street, as that term is defined in Section 10-20-102; orrestrict an individual from:installing, displaying, or storing an item that the individual has a legal right to store if the item is not visible to an individual standing outside the unit;hiring a contractor or worker solely because the contractor or worker:is not on the association’s preferred vendor list; ordoes not have a professional or occupational license, unless the license is required by law. 57-8-8.1(14) A rule shall be reasonable. 57-8-8.1(15) A declaration, or an amendment to a declaration, may vary any of the requirements of Subsections (1) through (5), except Subsection (1)(b)(ii). 57-8-8.1(16) This section applies to an association of unit owners regardless of when the association of unit owners is created. 57-8-8.1(17) Before imposing a fee under Subsection (4), an association of unit owners shall:adopt a fee schedule by rule that describes the amount of each fee the association of unit owners shall impose; andprovide a copy of the fee schedule to each unit owner.

57-8-8.2 - Electric vehicle charging systems — Restrictions — Responsibilities.

57-8-8.2(1) As used in this section:

“Charging system” means a device that is: used to provide electricity to an electric or hybrid electric vehicle; and designed to ensure a safe connection between the electric grid and the vehicle. “General electrical contractor” means the same as that term is defined in Section 58-55-102. “Residential electrical contractor” means the same as that term is defined in Section 58-55-102. 57-8-8.2(2) Notwithstanding any provision in an association’s governing documents to the contrary, an association may not prohibit a unit owner from installing or using a charging system in:

a parking space: assigned to the unit owner’s unit; and used for the parking or storage of a vehicle or equipment; or a limited common area parking space designated for the unit owner’s exclusive use. 57-8-8.2(3) An association may:

require a unit owner to submit an application for approval of the installation of a charging system; require the unit owner to agree in writing to: hire a general electrical contractor or residential electrical contractor to install the charging system; or if a charging system is installed in a common area, provide reimbursement to the association for the actual cost of the increase in the association’s insurance premium attributable to the installation or use of the charging system; require a charging system to comply with: the association’s reasonable design criteria governing the dimensions, placement, or external appearance of the charging system; or applicable building codes; impose a reasonable charge to cover costs associated with the review and permitting of a charging system; impose a reasonable restriction on the installation and use of a charging system that does not significantly: increase the cost of the charging system; or decrease the efficiency or performance of the charging system; or require a unit owner to pay the costs associated with installation, metering, and use of the charging system, including the cost of: electricity associated with the charging system; and damage to a general common area, a limited common area, or an area subject to the exclusive use of another unit owner that results from the installation, use, maintenance, repair, removal, or replacement of the charging system. 57-8-8.2(4) A unit owner who installs a charging system shall disclose to a prospective buyer of the unit:

the existence of the charging system; and the unit owner’s related responsibilities under this section. 57-8-8.2(5) Unless the unit owner and the association or the declarant otherwise agree:

a charging system installed under this section is the personal property of the unit owner of the unit with which the charging station is associated; and a unit owner who installs a charging system shall, before transferring ownership of the owner’s unit, unless the prospective buyer of the unit accepts ownership and all rights and responsibilities that apply to the charging station under this section: remove the charging system; and restore the premises to the condition before installation of the charging system.

57-8-9 - Certain work prohibited.

No unit owner shall do any work or make any alterations or changes which would jeopardize the soundness or safety of the property, reduce its value or impair any easement or hereditament, without in every such case the unanimous written consent of all the other unit owners being first obtained.

57-8-10 - Contents of declaration.

57-8-10(1) Before the conveyance of any unit in a condominium project, a declaration shall be recorded that contains the covenants, conditions, and restrictions relating to the project that shall be enforceable equitable servitudes, where reasonable, and which shall run with the land. Unless otherwise provided, these servitudes may be enforced by a unit owner or a unit owner’s successor in interest. 57-8-10(2) For every condominium project, the declaration shall: include a description of the land or interests in real property included within the project; contain a description of any buildings that states the number of storeys and basements, the number of units, the principal materials of which the building is or is to be constructed, and a description of all other significant improvements contained or to be contained in the project; contain the unit number of each unit, the square footage of each unit, and any other description or information necessary to properly identify each unit; describe the common areas and facilities of the project; and describe any limited common areas and facilities and state to which units the use of the common areas and facilities is reserved. Any shutters, awnings, window boxes, doorsteps, porches, balconies, patios, or other apparatus intended to serve a single unit, but located outside the boundaries of the unit, shall constitute a limited common area and facility appertaining to that unit exclusively, whether or not the declaration makes such a provision. The condominium plat recorded with the declaration may provide or supplement the information required under Subsections (2)(a) and (b). The declaration shall include the percentage or fraction of undivided interest in the common areas and facilities appurtenant to each unit and the unit owner for all purposes, including voting, derived and allocated in accordance with Subsection 57-8-7(2). If any use restrictions are to apply, the declaration shall state the purposes for which the units are intended and the use restrictions that apply. The declaration shall include the name and address of a person to receive service of process on behalf of the project, in the cases provided by this chapter. The person described in Subsection (2)(d)(iii)(A) shall be a resident of, or shall maintain a place of business within, this state. The declaration shall describe the method by which the declaration may be amended consistent with this chapter. Any further matters in connection with the property may be included in the declaration, which the person or persons executing the declaration may consider desirable, consistent with this chapter. The declaration shall contain a statement of intention that this chapter applies to the property. The initial recorded declaration shall include: an appointment of a trustee who qualifies under Subsection 57-1-21(1)(a)(i) or (iv); and the following statement: “The declarant hereby conveys and warrants pursuant to U.C.A. Sections 57-1-20 and 57-8-45 to (name of trustee), with power of sale, the unit and all improvements to the unit for the purpose of securing payment of assessments under the terms of the declaration.” 57-8-10(3) If the condominium project contains any convertible land, the declaration shall: contain a legal description by metes and bounds of each area of convertible land within the condominium project; state the maximum number of units that may be created within each area of convertible land; state, with respect to each area of convertible land, the maximum percentage of the aggregate land and floor area of all units that may be created and the use of which will not or may not be restricted exclusively to residential purposes, unless none of the units on other portions of the land within the project are restricted exclusively to residential use; state the extent to which any structure erected on any convertible land will be compatible with structures on other portions of the land within the condominium project in terms of quality of construction, the principal materials to be used, and architectural style; describe all other improvements that may be made on each area of convertible land within the condominium project; state that any units created within each area of convertible land will be substantially identical to the units on other portions of the land within the project or describe in detail what other type of units may be created; and describe the declarant’s reserved right, if any, to create limited common areas and facilities within any convertible land in terms of the types, sizes, and maximum number of the limited common areas within each convertible land. The condominium plat recorded with the declaration may provide or supplement the information required under Subsection (3)(a). 57-8-10(4) If the condominium project is an expandable condominium project, the declaration shall: contain an explicit reservation of an option to expand the project; include a statement of any limitations on the option to expand, including a statement as to whether the consent of any unit owners is required and, a statement as to the method by which consent shall be ascertained, or a statement that there are no such limitations; include a time limit, not exceeding seven years after the day on which the declaration is recorded, upon which the option to expand the condominium project expires and a statement of any circumstances that will terminate the option before expiration of the specified time limits; contain a legal description by metes and bounds of all land that may be added to the condominium project, which is known as additional land; state:

if any of the additional land is added to the condominium project, whether all of it or any particular portion of it must be added; any limitations as to what portions may be added; or a statement that there are no such limitations; include a statement as to whether portions of the additional land may be added to the condominium project at different times, including any limitations fixing the boundaries of those portions by legal descriptions setting forth the metes and bounds of these lands and regulating the order in which they may be added to the condominium project; include a statement of any limitations on the locations of any improvements that may be made on any portions of the additional land added to the condominium project, or a statement that no assurances are made in that regard; state the maximum number of units that may be created on the additional land; if portions of the additional land may be added to the condominium project and the boundaries of those portions are fixed in accordance with Subsection (4)(a)(vi), state the maximum number of units that may be created on each portion added to the condominium project; and if portions of the additional land may be added to the condominium project and the boundaries of those portions are not fixed in accordance with Subsection (4)(a)(vi), state the maximum number of units per acre that may be created on any portion added to the condominium project; with respect to the additional land and to any portion of the additional land that may be added to the condominium project, state the maximum percentage of the aggregate land and floor area of all units that may be created on it, the use of which will not or may not be restricted exclusively to residential purposes, unless none of the units on the land originally within the project are restricted exclusively to residential use; state the extent to which any structures erected on any portion of the additional land added to the condominium project will be compatible with structures on the land originally within the project in terms of quality of construction, the principal materials to be used, and architectural style, or that no assurances are made in those regards; describe all other improvements that will be made on any portion of the additional land added to the condominium project, including any limitations on what other improvements may be made on the additional land, or state that no assurances are made in that regard; contain a statement that any units created on any portion of the additional land added to the condominium project will be substantially identical to the units on the land originally within the project, a statement of any limitations on what types of units may be created on the additional land, or a statement that no assurances are made in that regard; and describe the declarant’s reserved right, if any, to create limited common areas and facilities within any portion of the additional land added to the condominium project, in terms of the types, sizes, and maximum number of limited common areas within each portion, or state that no assurances are made in those regards. The condominium plat recorded with the declaration may provide or supplement the information required under Subsections (4)(a)(iv) through (a)(vii) and (a)(x) through (a)(xiii). 57-8-10(5) If the condominium project is a contractible condominium, the declaration shall: contain an explicit reservation of an option to contract the condominium project; contain a statement of any limitations on the option to contract, including a statement regarding whether the consent of any unit owners is required, and if so, a statement regarding the method by which this consent shall be ascertained, or a statement that there are no such limitations; state the time limit, not exceeding seven years after the day on which the declaration is recorded, upon which the option to contract the condominium project expires, together with a statement of any circumstances that will terminate the option before expiration of the specified time limit; include a legal description by metes and bounds of all land that may be withdrawn from the condominium project, which is known as withdrawable land; include a statement as to whether portions of the withdrawable land may be withdrawn from the condominium project at different times, together with any limitations fixing the boundaries of those portions by legal descriptions setting forth the metes and bounds and regulating the order in which they may be withdrawn from the condominium project; and include a legal description by metes and bounds of all of the land within the condominium project to which the option to contract the project does not extend. The condominium plat recorded with the declaration may provide or supplement the information required under Subsections (5)(a)(iv) through (vi). 57-8-10(6) If the condominium project is a leasehold condominium, the declaration shall, with respect to any ground lease or other leases the expiration or termination of which will or may terminate or contract the condominium project: include recording information enabling the location of each lease in the official records of the county recorder; include the date upon which each lease is due to expire; state whether any land or improvements will be owned by the unit owners in fee simple; if there is to be fee simple ownership of any land or improvement, as described in Subsection (6)(a)(iii), include:

a description of the land or improvements, including a legal description by metes and bounds of the land; or a statement of any rights the unit owners have to remove these improvements within a reasonable time after the expiration or termination of the lease or leases involved, or a statement that they shall have no such rights; and include a statement of the rights the unit owners have to extend or renew any of the leases or to redeem or purchase any of the reversions, or a statement that they have no such rights. After the recording of the declaration, a lessor who executed the declaration, or the lessor’s successor in interest, may not terminate any part of the leasehold interest of any unit owner who: makes timely payment of the unit owner’s share of the rent to the persons designated in the declaration for the receipt of the rent; and otherwise complies with all covenants which would entitle the lessor to terminate the lease if the covenants were violated. 57-8-10(7) If the condominium project contains time period units, the declaration shall also contain the location of each condominium unit in the calendar year. This information shall be set out in a fourth column of the exhibit or schedule referred to in Subsection 57-8-7(2), if the exhibit or schedule accompanies the declaration. The declaration shall also put timeshare owners on notice that tax notices will be sent to the management committee, not each timeshare owner. The time period units created with respect to any given physical unit shall be such that the aggregate of the durations involved constitute a full calendar year. 57-8-10(8) The declaration, bylaws, and condominium plat shall be duly executed and acknowledged by all of the owners and any lessees of the land which is made subject to this chapter. As used in Subsection (8)(a), “owners and lessees” does not include, in their respective capacities, any mortgagee, any trustee or beneficiary under a deed of trust, any other lien holder, any person having an equitable interest under any contract for the sale or lease of a condominium unit, or any lessee whose leasehold interest does not extend to any portion of the common areas and facilities.

57-8-10.1 - Rental restrictions.

57-8-10.1(1) Subject to Subsections (1)(b), (5), and (6), an association of unit owners may:create restrictions on the number and term of rentals in a condominium project; orprohibit rentals in the condominium project.Except as provided in Subsection (1)(c), an association of unit owners that creates a rental restriction or prohibition in accordance with Subsection (1)(a) shall create the rental restriction or prohibition in a declaration or by amending the declaration.An association may establish, by rule, a minimum lease term of six months or less. 57-8-10.1(2) If an association of unit owners prohibits or imposes restrictions on the number and term of rentals or charges a fee described in Subsection (9)(c), the association of unit owners shall:exempt the following from the prohibition, restriction, or fee:a unit owner in the military for the period of the unit owner’s deployment;a unit occupied by a unit owner’s parent, child, or sibling;a unit owner whose employer has relocated the unit owner for two years or less;a unit owned by an entity that is occupied by an individual who:has voting rights under the entity’s organizing documents; andhas a 25% or greater share of ownership, control, and right to profits and losses of the entity; ora unit owned by a trust or other entity created for estate planning purposes if the trust or other estate planning entity was created for the estate of:a current resident of the unit; orthe parent, child, or sibling of the current resident of the unit;allow a unit owner who has a rental in the condominium project before the time the rental restriction described in Subsection (1)(a) is recorded with the county recorder of the county in which the condominium project is located to continue renting without a fee described in Subsection (9)(c) until:the unit owner occupies the unit;an officer, owner, member, trustee, beneficiary, director, or person holding a similar position of ownership or control of an entity or trust that holds an ownership interest in the unit, occupies the unit; orthe unit is transferred; andcreate, by rule or resolution, procedures to:determine and track the number of rentals and units in the condominium project subject to the provisions described in Subsections (2)(a) and (b); andensure consistent administration and enforcement of any rental prohibition, restriction, or fee. 57-8-10.1(3) For purposes of Subsection (2)(b)(iii), a transfer occurs when one or more of the following occur:the conveyance, sale, or other transfer of a unit by deed;the granting of a life estate in the unit; orif the unit is owned by a limited liability company, corporation, partnership, or other business entity, the sale or transfer of more than 75% of the business entity’s share, stock, membership interests, or partnership interests in a 12-month period. 57-8-10.1(4) This section does not limit or affect residency age requirements for an association of unit owners that complies with the requirements of the Housing for Older Persons Act, 42 U.S.C. Sec. 3607. 57-8-10.1(5) A declaration or amendment to a declaration recorded before transfer of the first unit from the initial declarant may prohibit or restrict rentals without providing for the exceptions, provisions, and procedures required under Subsection (2). 57-8-10.1(6) Subsections (1) through (5) do not apply to:a condominium project that contains a time period unit as defined in Section 57-8-3;any other form of timeshare interest as defined in Section 57-19-2; orsubject to Subsection (6)(b), a condominium project in which the initial declaration is recorded before May 12, 2009, unless, on or after May 12, 2015, the association of unit owners:adopts a rental restriction or prohibition; oramends an existing rental restriction or prohibition.An association that adopts a rental restriction or amends an existing rental restriction or prohibition before May 9, 2017, is not required to include the exemption described in Subsection (2)(a)(iv). 57-8-10.1(7) Notwithstanding this section, an association of unit owners may restrict or prohibit rentals without an exception described in Subsection (2) if:the restriction or prohibition receives unanimous approval by all unit owners; andwhen the restriction or prohibition requires an amendment to the association of unit owners’ declaration, the association of unit owners fulfills all other requirements for amending the declaration described in the association of unit owners’ governing documents. 57-8-10.1(8) Except as provided in Subsection (9), an association of unit owners may not require a unit owner who owns a rental unit to:obtain the association of unit owners’ approval of a prospective renter;give the association of unit owners:a copy of a rental application;a copy of a renter’s or prospective renter’s credit information or credit report;a copy of a renter’s or prospective renter’s background check; ordocumentation to verify the renter’s age;pay an additional assessment, fine, or fee because the unit is a rental unit;use a lease agreement provided by the association; orobtain the association’s approval of a lease agreement. 57-8-10.1(9) A unit owner who owns a rental unit shall give an association of unit owners the documents described in Subsection (8)(b) if the unit owner is required to provide the documents by court order or as part of discovery under the Utah Rules of Civil Procedure.If an association of unit owners’ declaration lawfully prohibits or restricts occupancy of the units by a certain class of individuals, the association of unit owners may require a unit owner who owns a rental unit to give the association of unit owners the information described in Subsection (8)(b), if:the information helps the association of unit owners determine whether the renter’s occupancy of the unit complies with the association of unit owners’ declaration; andthe association of unit owners uses the information to determine whether the renter’s occupancy of the unit complies with the association of unit owners’ declaration.Subject to Subsection (9)(d), an association that permits at least 35% of the units in the association to be rental units may charge a unit owner who owns a rental unit a fee of up to $200 once every 12 months to defray the association’s additional administrative expenses directly related to a unit that is a rental unit, as detailed in a notice provided to the unit owner.Before an association may charge a fee described in Subsection (9)(c), an association shall:provide notice to each unit owner in the association of a management committee meeting described in Subsection (9)(d)(ii) 15 days before the day on which the association holds the management committee meeting;hold a management committee meeting to discuss and allow unit members to publicly comment on:the new administrative expenses that the association intends to cover using the funds from the fee; andthe circumstances that required the association to impose or increase the fee; andensure that during the management committee meeting described in Subsection (9)(d)(ii), the management committee approves the fee by a majority vote.An association may require a unit owner who owns a rental unit and the renter of the unit owner’s rental unit to sign an addendum to a lease agreement provided by the association. 57-8-10.1(10) The provisions of Subsections (8) and (9) apply to an association of unit owners regardless of when the association of unit owners is created. 57-8-10.1(11) Within 30 days after the day on which the association imposes a fee described in Subsection (9)(c), an association shall provide to each unit owner impacted by the fee a notice describing:the new administrative expenses that the association intends to cover using the funds from the fee; andthe circumstances that required the association to impose or increase the fee. 57-8-10.1(12) A unit owner may contest a fee described in Subsection (9)(c) by providing to the association a written request that the association waive the fee if:the association fails to provide the notice described in Subsection (11) within 30 days after the day on which the association imposes the fee; orthe notice the association provides to the unit owner does not contain the information required in Subsection (11).If a unit owner contests a fee under this Subsection (12) by submitting a written request, an association shall waive the fee if:the association does not provide the notice described in Subsection (11) to the unit owner; ora notice provided by the association does not contain the information required in Subsection (11). 57-8-10.1(13) A unit owner of a rental unit may designate, in a written notice to the association, a primary contact individual who is not the unit owner with whom the association may communicate as though the primary contact individual is the unit owner.If a unit owner designates a primary contact individual under this Subsection (13), the association shall provide the unit owner a written notice that confirms the association has changed the association’s records to identify the primary contact individual designated by the unit owner.

57-8-10.3 - Indemnification and limit of liability.

Notwithstanding any conflict with the declaration or recorded bylaws, the organizational documents of an association of unit owners may indemnify and limit management committee member and officer liability to the extent permitted by the law under which the association of unit owners is organized.

57-8-10.5 - Amending the declaration to make provisions of this chapter applicable.

57-8-10.5(1) An association of unit owners may amend the declaration to make applicable to the association of unit owners a provision of this chapter that is enacted after the creation of the association of unit owners, by complying with:

the amendment procedures and requirements specified in the declaration and applicable provisions of this chapter; or the amendment procedures and requirements of this chapter, if the declaration being amended does not contain amendment procedures and requirements. 57-8-10.5(2) If an amendment under Subsection (1) adopts a specific section of this chapter:

the amendment grants a right, power, or privilege permitted by that specific section; and all correlative obligations, liabilities, and restrictions in that section also apply.

57-8-10.7 - Board action to enforce governing documents — Parameters.

57-8-10.7(1) The management committee shall use the management committee’s reasonable judgment to determine whether to exercise the association of unit owners’ powers to impose sanctions or pursue legal action for a violation of the governing documents, including: whether to compromise a claim made by or against the management committee or the association of unit owners; and whether to pursue a claim for an unpaid assessment. The association of unit owners may not be required to take enforcement action if the management committee determines, after fair review and acting in good faith and without conflict of interest, that under the particular circumstances: the association of unit owners’ legal position does not justify taking any or further enforcement action; the covenant, restriction, or rule in the governing documents is likely to be construed as inconsistent with current law; a technical violation has or may have occurred; and the violation is not material as to a reasonable person or does not justify expending the association of unit owners’ resources; or it is not in the association of unit owners’ best interests to pursue an enforcement action, based upon hardship, expense, or other reasonable criteria. 57-8-10.7(2) Subject to Subsection (3), if the management committee decides under Subsection (1)(b) to forego enforcement, the association of unit owners is not prevented from later taking enforcement action. 57-8-10.7(3) The management committee may not be arbitrary, capricious, or act against public policy in taking or not taking enforcement action. 57-8-10.7(4) This section does not govern whether the association of unit owners’ action in enforcing a provision of the governing documents constitutes a waiver or modification of that provision.

57-8-11 - Contents of deeds of units.

A deed of units may include: 57-8-11(1) a description of the land as provided in Section 57-8-10, including the book and page or entry number and date of recording of the declaration; 57-8-11(2) the unit number of the unit and any other data necessary for its proper identification; 57-8-11(3) percentage of undivided interest appertaining to the unit in the common or community areas and facilities; and 57-8-11(4) any further particulars that the grantor and grantee consider desirable to set forth consistent with the declaration and this chapter.

57-8-12 - Recording.

57-8-12(1) The declaration, any amendment, any instrument by which the provisions of this act may be waived, and every instrument affecting the property or any unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless recorded. 57-8-12(2) In addition to the records and indexes now required to be maintained by the recorder, the recorder shall maintain an index whereby the record of each condominium project contains a reference to the declaration, each conveyance of, lien against, and all other instruments referring to a unit affected by such declaration, and the record of each conveyance of, lien against, and all other instruments referring to a unit shall contain a reference to the declaration of the property of which the unit is a part.

57-8-13 - Condominium plat to be recorded.

57-8-13(1) Simultaneously with the recording of the declaration there shall be recorded a standard size, original linen (21” x 31”) condominium plat with 6-1/4” x 1-1/2” recording information block, which map shall be made by a registered Utah land surveyor and shall set forth: a description of the surface of the land included within the project, including all angular and linear data along the exterior boundaries of the property; the linear measurement and location, with reference to the exterior boundaries, of the building or buildings, if any, located or to be located on the property other than within the boundaries of any convertible lands; diagrammatic floor plans of the building or buildings, if any, built or to be built on the property, other than within the boundaries of any convertible lands, in sufficient detail to identify each convertible space and physical unit contained within a building, including its identifying number or symbol, the official datum elevations of the finished or unfinished interior surfaces of the floors and ceilings and the linear measurements of the finished or unfinished interior surfaces of the perimeter walls, and the lateral extensions, of every such convertible space and unit; a description or delineation of the boundaries of any unit or convertible space not contained or to be contained in a building or whose boundaries are not to be coextensive with walls, ceilings, or floors within a building, other than units located within the boundaries of any convertible lands, including the horizontal (upper and lower) boundaries, if any, as well as the vertical (lateral or perimetric) boundaries; a distinguishing number or other symbol for every physical unit identified on the condominium plat; to the extent feasible, the location and dimensions of all easements appurtenant to the land included within the project; the label “convertible space” for each such space, if any; the location and dimensions of any convertible lands within the condominium project, with each such convertible land labeled as such, and if there be more than one such land, with each labeled with a different letter or number; the location and dimensions of any withdrawable lands, with each such withdrawable land labeled as such, and if there be more than one such land, with each labeled with a different letter or number; if with respect to any portion or portions, but less than all, of the land included within the project the unit owners are to own only an estate for years, the location and dimensions of any such portion, with each labeled as a leased land, and if there be more than one such land, with each labeled with a different letter or number; and any encroachments by or on any portion of the condominium project. Each such condominium plat shall be certified as to its accuracy and compliance with the provisions of this Subsection (1) by the land surveyor who prepared or who supervised the preparation of the same and shall be executed and acknowledged as provided in Subsection 57-8-10(8). 57-8-13(2) When converting all or any portion of any convertible land or when adding additional land to an expandable condominium, the declarant shall record a new or supplemental condominium plat which shall contain the information necessary to comply with the requirements of Subsection (1) of this section. In any case where less than all of a convertible land is being converted, the condominium plat shall show the location and dimensions of the remaining portion or portions of the land in addition to otherwise meeting such requirements. 57-8-13(3) When converting all or any portion of any convertible space into one or more units or limited common areas and facilities, the declarant shall record, with regard to the structure or portion of it constituting that convertible space, a supplemental condominium plat showing the location and dimensions of the vertical and horizontal boundaries of each unit formed out of this space. The supplemental map shall be certified as to its accuracy and compliance with this Subsection (3) by the land surveyor who prepared or who supervised the preparation of it. 57-8-13(4) In interpreting the condominium plat or any deed or other instrument affecting a building or unit, the boundaries of the building or unit constructed or reconstructed in substantial accordance with the condominium plat shall be conclusively presumed to be the actual boundaries rather than the description expressed in the condominium plat, regardless of the settling or lateral movement of the building and regardless of minor variance between boundaries shown on the condominium plat and those of the building or unit.

57-8-13.1 - Registration with Department of Commerce — Department publication of educational materials.

57-8-13.1(1) As used in this section, “department” means the Department of Commerce created in Section 13-1-2. 57-8-13.1(2) No later than 90 days after the recording of a declaration, an association of unit owners shall register with the department in the manner established by the department. 57-8-13.1(3) The department shall require an association of unit owners registering as required in this section to provide with each registration:the name and address of the association of unit owners;the name, address, telephone number, and, if applicable, email address of the president of the association of unit owners;the name and address of each manager or management committee member;the name, address, telephone number, and, if the contact person wishes to use email or facsimile transmission for communicating payoff information, the email address or facsimile number, as applicable, of a primary contact person who has association payoff information that a closing agent needs in connection with the closing of a unit owner’s financing, refinancing, or sale of the owner’s unit; anda registration fee set by the department in accordance with Section 63J-1-504. 57-8-13.1(4) An association of unit owners shall annually renew the registration of the association of unit owners described in Subsection (2).The department may impose and set the amount of a renewal registration fee in accordance with Section 63J-1-504. 57-8-13.1(5) An association of unit owners that has registered under Subsection (2) shall submit to the department an update to the association of unit owners’ registration information, in the manner established by the department, within 90 days after a change in any of the information provided under Subsection (3). 57-8-13.1(6) During any period of noncompliance with the registration requirement described in Subsection (2) or the requirement for an updated registration described in Subsection (5):a lien may not arise under Section 57-8-44; andan association of unit owners may not enforce an existing lien that arose under Section 57-8-44.A period of noncompliance with the registration requirement of Subsection (2) or with the updated registration requirement of Subsection (5) does not begin until after the expiration of the 90-day period specified in Subsection (2) or (5), respectively.An association of unit owners that is not in compliance with the registration requirement described in Subsection (2) may end the period of noncompliance by registering with the department in the manner established by the department under Subsection (2).An association of unit owners that is not in compliance with the updated registration requirement described in Subsection (5) may end the period of noncompliance by submitting to the department an updated registration in the manner established by the department under Subsection (5).Except as described in Subsection (6)(f), beginning on the date an association of unit owners ends a period of noncompliance:a lien may arise under Section 57-8-44 for any event that:occurred during the period of noncompliance; andwould have given rise to a lien under Section 57-8-44 had the association of unit owners been in compliance with the registration requirements described in this section; andan association of unit owners may enforce a lien described in Subsection (6)(c) or a lien that existed before the period of noncompliance.If an owner’s unit is conveyed to an independent third party during a period of noncompliance described in this Subsection (6):a lien that arose under Section 57-8-44 before the conveyance of the unit became final is extinguished when the conveyance of the unit becomes final; andan event that occurred before the conveyance of the unit became final, and that would have given rise to a lien under Section 57-8-44 had the association of unit owners been in compliance with the registration requirements of this section, may not give rise to a lien under Section 57-8-44 if the conveyance of the unit becomes final before the association of unit owners ends the period of noncompliance. 57-8-13.1(7) The department shall publish educational materials on the department’s website providing, in simple and easy to understand language, a brief overview of state law governing associations of unit owners, including:a description of the rights and responsibilities provided in this chapter to any party under the jurisdiction of an association of unit owners; andinstructions regarding how an association of unit owners may be organized and dismantled in accordance with this chapter.

57-8-13.2 - Conversion of convertible land — Amendment to declaration — Limitations.

57-8-13.2(1) The declarant may convert all or any portion of any convertible land into one or more units or limited common areas and facilities subject to any restrictions and limitations which the declaration may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of the appropriate instruments under Subsection (2) of this section and Subsection 57-8-13(2). 57-8-13.2(2) Simultaneously with the recording of the condominium plat pursuant to Subsection 57-8-13(2), the declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. The amendment shall assign an identifying number to each unit formed out of a convertible land and shall reallocate undivided interests in the common areas and facilities in accordance with Subsection 57-8-13.10(2). The amendment shall describe or delineate the limited common areas and facilities formed out of the convertible land, showing or designating the unit or units to which each is assigned. 57-8-13.2(3) All convertible lands shall be deemed part of the common areas and facilities except for such portions of them as are converted in accordance with this section. No such conversions shall occur after five years from the recordation of the declaration, or such shorter period of time as the declaration may specify, unless three-fourths of unit owners vote in favor of converting the land after the time period has expired.

57-8-13.4 - Conversion of convertible space — Amendment to declaration — Limitations.

57-8-13.4(1) The declarant may convert any portion of any convertible space into one or more units or common areas and facilities, including, without limitation, limited common areas and facilities, subject to any restrictions and limitations which the declaration may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of the appropriate instruments under Subsection (2) of this section and Subsection 57-8-13(3). 57-8-13.4(2) Simultaneously with the recording of the supplemental record survey map under Subsection 57-8-13(3), the declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. The amendment shall assign an identifying number to each unit formed out of a convertible space and shall allocate to each unit a portion of the undivided interest in the common areas and facilities appertaining to that space. The amendment shall describe or delineate the limited common areas and facilities formed out of the convertible space, showing or designating the unit or units to which each is assigned. 57-8-13.4(3) Any convertible space not converted in accordance with this section, or any portion of it not so converted, shall be treated for all purposes as a single unit until and unless it is so converted; and this act shall be deemed applicable to any such space, or portion of it, as though the same were a unit.

57-8-13.6 - Expansion of project.

A condominium project may be expanded under the provisions of the declaration and of this act. Any such expansion shall be deemed to have occurred at the time of the recordation of the condominium plat under Subsection 57-8-13(2) , together with an amendment to the declaration, duly executed and acknowledged by the declarant, including, without limitation, all of the owners and lessees of the additional land added to the condominium project. The amendment shall contain a legal description by metes and bounds of the land added to the condominium project and shall reallocate undivided interests in the common areas and facilities in accordance with Subsection 57-8-13.10(2) .

57-8-13.8 - Contraction of project.

A condominium project may be contracted under the provisions of the declaration and the provisions of this chapter. Any such contraction shall be considered to have occurred at the time of the recordation of an amendment to the declaration, executed by the declarant, containing a legal description by metes and bounds of the land withdrawn from the condominium project. If portions of the withdrawable land were described pursuant to Subsection 57-8-10(5)(a)(iv) , then no described portion may be so withdrawn after the conveyance of any unit on the portion. If no withdrawable portions were described, then none of the withdrawable land may be withdrawn after the first conveyance of any unit on the portion.

57-8-13.10 - Condominiums containing convertible land — Expandable condominiums — Allocation of interests in common areas and facilities.

57-8-13.10(1) If a condominium project contains any convertible land or is an expandable condominium, then the declaration may not allocate undivided interests in the common areas and facilities on the basis of par value unless the declaration:

prohibits the creation of any units not substantially identical to the units depicted on the condominium plat recorded pursuant to Subsection 57-8-13(1); or prohibits the creation of any units not described under Subsection 57-8-10(3)(a)(vii) in the case of convertible land, Subsection 57-8-10(4)(a)(xii) in the case of additional land, and contains from the outset a statement of the par value that shall be assigned to every unit that may be created. 57-8-13.10(2) Interests in the common areas and facilities may not be allocated to any units to be created within any convertible land or within any additional land until a condominium plat depicting the same is recorded pursuant to Subsection 57-8-13(2). Simultaneously with the recording of the supplemental condominium plat required under Subsection (2)(a), the declarant shall execute and record an amendment to the declaration which reallocates undivided interests in the common areas and facilities so that the units depicted on the supplemental condominium plat shall be allocated undivided interests in the common areas and facilities on the same basis as the units depicted on the condominium plat that was recorded simultaneously with the declaration pursuant to Subsection 57-8-13(1). 57-8-13.10(3) If all of a convertible space is converted into common areas and facilities, including limited common areas and facilities, then the undivided interest in the common areas and facilities appertaining to the convertible space shall afterward appertain to the remaining units and shall be allocated among them in proportion to their undivided interests in the common areas and facilities. The principal officer of the unit owners’ association or of the management committee, or any other officer specified in the declaration, shall immediately prepare, execute, and record an amendment to the declaration reflecting the reallocation of undivided interest produced by the conversion. 57-8-13.10(4) If the expiration or termination of any lease of a leasehold condominium causes a contraction of the condominium project which reduces the number of units, or if the withdrawal of withdrawable land of a contractible condominium causes a contraction of the condominium project which reduces the number of units, the undivided interest in the common areas and facilities appertaining to any units so withdrawn shall afterward appertain to the remaining units, being allocated among them in proportion to their undivided interests in the common areas and facilities. The principal officer of the unit owners’ association or of the management committee, or any other officer specified in the declaration shall immediately prepare, execute, and record an amendment to the declaration, reflecting the reallocation of undivided interests produced by the reduction of units.

57-8-13.12 - Land to be withdrawn or added to project — Applicability of restrictions.

No covenants, restrictions, limitations, or other representations or commitments in the declaration concerning anything that is or is not to be done on the additional land, the withdrawable land, or any portion of either, shall be binding as to any portion of either lawfully withdrawn from the condominium project or never added to it except to the extent that the declaration so provides. In the case of any covenant, restriction, limitation, or other representation or commitment in the declaration or in any other agreement requiring the declarant to add any portion of the additional land or to withdraw any portion of the withdrawable land, or imposing any obligations concerning anything that is or is not to be done on it or concerning it, or imposing any obligations about anything that is or is not to be done on or in respect to the condominium project or any portion of it, this section shall not be construed to nullify, limit, or otherwise affect any such obligation.

57-8-13.14 - Easement rights — Sales offices and model units — Damage to property.

57-8-13.14(1) Subject to any restrictions and limitations the declaration may specify, the declarant shall have a transferable easement over and on the common areas and facilities for the purpose of making improvements on the land within the project or on any additional land under the declaration and this act, and for the purpose of doing all things reasonably necessary and proper in connection with the same. 57-8-13.14(2) The declarant and the declarant’s duly authorized agents, representatives, and employees may maintain sales offices or model units on the land within the project if the declaration provides for the same and specifies the rights of the declarant about the number, size, location, and relocation of them. Any sales office or model unit which is not designated a unit by the declaration shall become a common area and facility as soon as the declarant ceases to be a unit owner, and the declarant shall cease to have any rights concerning it unless the sales office or model unit is removed immediately from the land included within the project in accordance with a right reserved in the declaration to make this removal. 57-8-13.14(3) To the extent that damage is inflicted on any part of the condominium project by any person or persons utilizing the easements reserved by the declaration or created by Subsections (1) and (2) of this section, the declarant, together with the person or persons causing the same, shall be jointly and severally liable for the prompt repair of the damage and for the restoration of the same to a condition compatible with the remainder of the condominium project.

57-8-14 - Legal description of units.

57-8-14(1) A deed, lease, mortgage, or other instrument may legally describe a unit by its identifying number or symbol as designated in the declaration or as shown on the condominium plat. 57-8-14(2) Each description under Subsection (1) shall be considered:

to be good and sufficient for all purposes; and to convey, transfer, encumber or otherwise affect the unit owner’s corresponding percentage of ownership in the common or community areas and facilities even though the percentage of ownership is not expressly mentioned or described.

57-8-15 - Bylaws.

The administration of every property shall be governed by bylaws, which may either be embodied in the declaration or in a separate instrument, a true copy of which shall be appended to and recorded with the declaration. No modification or amendment of the declaration or bylaws shall be valid unless the same is set forth in an amendment and such amendment is recorded.

57-8-16 - Contents of bylaws.

The bylaws may provide for the following: 57-8-16(1) the establishment of a management committee, the number of persons constituting the committee and the method of selecting the members of the committee; the powers and duties of the management committee; and whether or not the management committee may engage the services of a manager; 57-8-16(2) the method of calling meetings of the unit owners; what percentage of the unit owners shall constitute a quorum, and be authorized to transact business; 57-8-16(3) the maintenance, repair, and replacement of the common areas and facilities and payment therefor; 57-8-16(4) the manner of collecting from the unit owners their share of the common expenses; 57-8-16(5) the designation and removal of personnel necessary for the maintenance, repair, and replacement of the common areas and facilities; 57-8-16(6) the method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities; 57-8-16(7) restrictions on and requirements respecting the use and maintenance of the units and the use of the common areas and facilities as are designed to prevent unreasonable interference with the use of their respective units and of the common areas and facilities by the several unit owners; and restrictions regarding the use of the units may include other prohibitions on, or allowance of, smoking tobacco products; 57-8-16(8) the percentage of votes required to amend the bylaws; and 57-8-16(9) other provisions as may be considered necessary for the administration of the property consistent with this act.

57-8-16.5 - Appointment and removal of committee members and association officers — Renewal or ratification of contracts — Failure to establish association or committee.

57-8-16.5(1) The declaration may authorize the declarant, or a managing agent or some other person or persons selected or to be selected by the declarant, to appoint and remove some or all of the members of the management committee or some or all of the officers of the association of unit owners, or to exercise powers and responsibilities otherwise assigned by the declaration and by this act to the association of unit owners, its officers, or the management committee. If the declaration authorizes the declarant to appoint or remove some or all members of the management committee or some or all of the officers of the association of unit owners during the period of control contemplated by this Subsection (1), the declarant may appoint the declarant’s officers, employees or agents as members of the management committee or as officers of the association of unit owners. No amendment to the declaration not consented to by all unit owners shall increase the scope of this authorization, and no such authorization shall be valid after the first to occur of the following: expiration of the time limit set by the declaration, which shall not exceed six years in the case of an expandable condominium, four years in the case of a condominium project containing any convertible land, or three years in the case of any other condominium project; or after units to which three-fourths of the undivided interest in the common areas and facilities appertain have been conveyed, or after all additional land has been added to the project and all convertible land has been converted, whichever last occurs. 57-8-16.5(2) If entered into during the period of control contemplated by Subsection (1), no management contract, lease of recreational areas or facilities, or any other contract or lease designed to benefit the declarant which was executed by or on behalf of the association of unit owners or the unit owners as a group shall be binding after such period of control unless then renewed or ratified by the consent of unit owners of units to which a majority of the votes in the association of unit owners appertains. 57-8-16.5(3) If the association of unit owners or management committee is not in existence or does not have officers at the time of the creation of a condominium project, the declarant shall, until there is an association or management committee with these officers, have the power and responsibility to act in all instances where this act or the declaration requires action by the association of unit owners, the management committee, or any of the officers of them. 57-8-16.5(4) This section shall be strictly construed to protect the rights of the unit owners.

57-8-17 - Records — Availability for examination.

57-8-17(1) Subject to Subsection (1)(b) and regardless of whether the association of unit owners is incorporated under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, an association of unit owners shall keep and make available to unit owners:each record identified in Subsections 16-6a-1601(1) through (5), in the manner described in Sections 16-6a-1601, 16-6a-1602, 16-6a-1603, 16-6a-1605, 16-6a-1606, and 16-6a-1610; anda copy of the association’s:governing documents;most recent approved minutes;most recent annual budget and financial statement;most recent reserve analysis;certificate of insurance for each insurance policy the association of unit owners holds;management committee meeting minutes from the previous three calendar years;a profit and loss statement for the previous three fiscal years; anda balance sheet for the previous three fiscal years.An association of unit owners may redact the following information from any document the association of unit owners produces for inspection or copying:a Social Security number;a bank account number; orany communication subject to attorney-client privilege. 57-8-17(2) In addition to the requirements described in Subsection (1), an association of unit owners shall:make documents available to unit owners in accordance with the association of unit owners’ governing documents; andif the association of unit owners has an active website, make the documents described in Subsections (1)(a)(ii)(A) through (C) available to unit owners, free of charge, through the website; orif the association of unit owners does not have an active website, make physical copies of the documents described in Subsections (1)(a)(ii)(A) through (C) available to unit owners during regular business hours at the association of unit owners’ address registered with the Department of Commerce under Section 57-8-13.1.Subsection (2)(a)(ii) does not apply to an association as defined in Section 57-19-2.If a provision of an association of unit owners’ governing documents conflicts with a provision of this section, the provision of this section governs. 57-8-17(3) In a written request to inspect or copy documents:a unit owner shall include:the association of unit owners’ name;the unit owner’s name;the unit owner’s property address;the unit owner’s email address;a description of the documents requested; andany election or request described in Subsection (3)(b); anda unit owner may:elect whether to inspect or copy the documents;if the unit owner elects to copy the documents, request hard copies or electronic scans of the documents; orsubject to Subsection (4), request that:the association of unit owners make the copies or electronic scans of the requested documents;a recognized third party duplicating service make the copies or electronic scans of the requested documents;the unit owner be allowed to bring any necessary imaging equipment to the place of inspection and make copies or electronic scans of the documents while inspecting the documents; orthe association of unit owners email the requested documents to an email address provided in the request. 57-8-17(4) An association of unit owners shall comply with a request described in Subsection (3) within two weeks after the day on which the association of unit owners receives the request.If an association of unit owners produces the copies or electronic scans:the copies or electronic scans shall be legible and accurate;the unit owner shall pay the association of unit owners the reasonable cost of the copies and for time spent meeting with the unit owner, which may not exceed:the actual cost that the association of unit owners paid to a recognized third party duplicating service to make the copies or electronic scans; or10 cents per page and $20perhourfortheemploye{e}^{\prime }s,manage{r}^{\prime }s,orotheragen{t}^{\prime }stimemakingthecopiesorelectronicscans;andtheassociationmaynotchargetheunitownerforanycostsassociatedwithfulfillingarequestfortheelectronictransmissionofthedocumentsdescribedinSubsection(3).Ifaunitownerrequestsarecognizedthirdpartyduplicatingservicemakethecopiesorelectronicscans:theassociationofunitownersshallarrangeforthedeliveryandpickupoftheoriginaldocuments;andtheunitownershallpaytheduplicatingservicedirectly.SubjecttoSubsection(9),ifaunitownerrequeststobringimagingequipmenttotheinspection,theassociationofunitownersshallprovidethenecessaryspace,light,andpowerfortheimagingequipment.AnassociationmaycomplywitharequestdescribedinSubsection(3)bypostingthedocumentsdescribedinSubsection(3)totheassociatio{n}^{\prime }swebsiteoronlineownerportal.\ast \ast 57-8-17(5)\ast \ast If,inresponsetoaunitowne{r}^{\prime }srequesttoinspectorcopydocuments,anassociationofunitownersfailstocomplywithaprovisionofthissection,theassociationofunitownersshallpay:thereasonablecostsofinspectingandcopyingtherequesteddocuments;foritemsdescribedinSubsections(1)(a)(ii)(A)through(C),$25 to the unit owner who made the request for each day the request continues unfulfilled, beginning the sixth day after the day on which the unit owner made the request; andreasonable attorney fees and costs incurred by the unit owner in obtaining the inspection and copies of the requested documents. 57-8-17(6) In addition to any remedy in the association of unit owners’ governing documents or as otherwise provided by law, a unit owner may file an action in court under this section if:subject to Subsection (9), an association of unit owners fails to make documents available to the unit owner in accordance with this section, the association of unit owners’ governing documents, or as otherwise provided by law; andthe association of unit owners fails to timely comply with a notice described in Subsection (6)(d).In an action described in Subsection (6)(a):the unit owner may request:injunctive relief requiring the association of unit owners to comply with the provisions of this section;$1,000 or actual damage, whichever is greater; orany other relief provided by law; andthe court may award costs and reasonable attorney fees to the prevailing party, including any reasonable attorney fees incurred before the action was filed that relate to the request that is the subject of the action.In an action described in Subsection (6)(a), upon motion by the unit owner made in accordance with Subsection (6)(b), notice to the association of unit owners, and a hearing in which the court finds a likelihood that the association of unit owners failed to comply with a provision of this section, the court shall order the association of unit owners to immediately comply with the provision.The court shall hold a hearing described in Subsection (6)(c)(i) within 30 days after the day on which the unit owner files the motion.At least 10 days before the day on which a unit owner files an action described in Subsection (6)(a), the unit owner shall deliver a written notice to the association of unit owners that states:the unit owner’s name, address, telephone number, and email address;each requirement of this section with which the association of unit owners has failed to comply;a demand that the association of unit owners comply with each requirement with which the association of unit owners has failed to comply; anda date by which the association of unit owners shall remedy the association of unit owners’ noncompliance that is at least 10 days after the day on which the unit owner delivers the notice to the association of unit owners. 57-8-17(7) The provisions of Section 16-6a-1604 do not apply to an association of unit owners.The provisions of this section apply regardless of any conflicting provision in Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act. 57-8-17(8) A unit owner’s agent may, on the unit owner’s behalf, exercise or assert any right that the unit owner has under this section. 57-8-17(9) An association of unit owners is not liable for identifying or providing a document in error, if the association of unit owners identified or provided the erroneous document in good faith.

57-8-18 - Blanket mortgages and other blanket liens affecting unit at time of first conveyance.

At the time of the first conveyance of each unit, every mortgage and other lien affecting such unit, including the percentage of undivided interest of the unit in the common areas and facilities, shall have been paid and satisfied of record, or the unit being conveyed and its percentage of undivided interest in the common areas and facilities shall have been released therefrom by partial release duly recorded. The provisions of this section shall not apply, however, to any withdrawable land in a contractible condominium.

57-8-19 - Liens against units — Removal from lien — Effect of part payment.

57-8-19(1) Subsequent to recording the declaration as provided in this act, and while the property remains subject to this act, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the percentage of undivided interest in the common areas and facilities appurtenant to such unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided that no labor performed or materials furnished with the consent or at the request of a unit owner or the unit owner’s agent or the unit owner’s contractor or subcontractor shall be the basis for the filing of a lien pursuant to the lien law against the unit of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs. Labor performed or materials furnished for the common areas and facilities, if authorized by the unit owners, the manager or management committee in accordance with this act, the declaration or bylaws or the house rules, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the lien law against each of the units. 57-8-19(2) In the event a lien against two or more units becomes effective, the unit owners of the separate units may remove their units and the percentage of undivided interest in the common areas and facilities appurtenant to such units from the lien by payment of the fractional or proportional amount attributable to each of the units affected. Such individual payment shall be computed by reference to the percentages appearing in the declaration. Subsequent to any payment, discharge or other satisfaction, the unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the lien so paid, satisfied or discharged. Partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce the lienor’s rights against any unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.

57-8-21 - Acquisition through tax deed or foreclosure of liens.

In the event any person shall acquire, through foreclosure, exercise of power of sale, or other enforcement of any lien, or by tax deed, the interest of any unit owner, the interest acquired shall be subject to all the provisions of this act and to the covenants, conditions and restrictions contained in the declaration, the condominium plat, the bylaws, the house rules, or any deed affecting the interest then in force.

57-8-22 - Removal of property from statutory provisions.

57-8-22(1) All of the unit owners may remove a property from the provisions of this act by an instrument duly recorded to that effect, provided that the holders of all liens affecting any of the units consent or agree by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the unit owner in the property. 57-8-22(2) Upon removal of the property from the provisions of this act, the property shall be deemed to be owned in common by the unit owners. The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities.

57-8-23 - Removal no bar to subsequent resubmission.

The removal provided for in Section 57-8-22 does not bar the subsequent resubmission of the property to the provisions of this chapter.

57-8-24 - Common profits, common expenses, and voting rights — Unit — Unconstructed unit.

57-8-24(1) A unit is created by the recording of the declaration and a condominium plat that describes the unit. 57-8-24(2) An association of unit owners shall, according to each unit owner’s respective percentage or fractional undivided interests in the common areas and facilities:

distribute the property’s common profits among the unit owners; except as otherwise provided in the declaration for unconstructed units, assess the unit owners the property’s common expenses; and make voting rights available to the unit owners. 57-8-24(3) After the recording of a condominium project’s declaration, an unconstructed unit is a unit for the purposes of the declaration and this chapter, including: allocation of undivided interests in the common areas and facilities in accordance with Subsection 57-8-7(2); and voting rights in accordance with Section 57-8-24. Subsection (3)(a) applies to a condominium project regardless of when the condominium project’s initial declaration was recorded.

57-8-25 - Joint and several liability of grantor and grantee for unpaid common expenses.

In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the grantor’s share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee’s rights to recover from the grantor the amounts paid by the grantee. However, any such grantee shall be entitled to a statement from the manager or management committee setting forth the amounts of the unpaid assessments against the grantor, and such grantee shall not be liable for, nor shall the unit conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount set forth.

57-8-26 - Waiver of use of common areas and facilities — Abandonment of unit.

No unit owner may be exempt from liability for the unit owner’s contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of the owner’s unit.

57-8-27 - Separate taxation.

57-8-27(1) Each unit and its percentage of undivided interest in the common or community areas and facilities shall be considered to be a parcel and shall be subject to separate assessment and taxation by each assessing unit, special district, and special service district for all types of taxes authorized by law, including ad valorem levies and special assessments. Neither the building or buildings, the property, nor any of the common areas and facilities may be considered a parcel. 57-8-27(2) In the event any of the interests in real property made subject to this chapter by the declaration are leasehold interests, if the lease creating these interests is of record in the office of the county recorder, if the balance of the term remaining under the lease is at least 40 years at the time the leasehold interest is made subject to this chapter, if units are situated or are to be situated on or within the real property covered by the lease, and if the lease provides that the lessee shall pay all taxes and assessments imposed by governmental authority, then until 10 years prior to the date that the leasehold is to expire or until the lease is terminated, whichever first occurs, all taxes and assessments on the real property covered by the lease shall be levied against the owner of the lessee’s interest. If the owner of the reversion under the lease has executed the declaration and condominium plat, until 10 years prior to the date that the leasehold is to expire, or until the lease is terminated, whichever first occurs, all taxes and assessments on the real property covered by the lease shall be separately levied against the unit owners having an interest in the lease, with each unit owner for taxation purposes being considered the owner of a parcel consisting of his undivided condominium interest in the fee of the real property affected by the lease. 57-8-27(3) No forfeiture or sale of the improvements or the property as a whole for delinquent real estate taxes, special assessments, or charges shall divest or in anywise affect the title to an individual unit if the real estate taxes or duly levied share of the assessments and charges on the individual unit are currently paid. 57-8-27(4) Any exemption from taxes that may exist on real property or the ownership of the property may not be denied by virtue of the submission of the property to this chapter. 57-8-27(5) Timeshare interests and timeshare estates, as defined in Section 57-19-2, may not be separately taxed but shall be valued, assessed, and taxed at the unit level. The value of timeshare interests and timeshare estates, for purposes of ad valorem taxation, shall be determined by valuing the real property interest associated with the timeshare interest or timeshare estate, exclusive of the value of any intangible property and rights associated with the acquisition, operation, ownership, and use of the timeshare interest or timeshare estate, including the fees and costs associated with the sale of timeshare interests and timeshare estates that exceed those fees and costs normally incurred in the sale of other similar properties, the fees and costs associated with the operation, ownership, and use of timeshare interests and timeshare estates, vacation exchange rights, vacation conveniences and services, club memberships, and any other intangible rights and benefits available to a timeshare unit owner. Nothing in this section shall be construed as requiring the assessment of any real property interest associated with a timeshare interest or timeshare estate at less than its fair market value. Notice of assessment, delinquency, sale, or any other purpose required by law is considered sufficient for all purposes if the notice is given to the management committee.

57-8-28 - Exemption from rules of property.

The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this act, or of any declaration, bylaws or other document executed in accordance with this act.

57-8-30 - Application of insurance proceeds to reconstruction.

In case of fire or any other disaster, the insurance proceeds, if sufficient to reconstruct the building, shall be applied to such reconstruction. Reconstruction of the building, as used in this section and Section 57-8-31 , means restoring the building to substantially the same condition in which it existed prior to the fire or other disaster, with each unit and the common elements having the same vertical and horizontal boundaries as before.

57-8-31 - Disposition of property where insurance proceeds are insufficient for reconstruction.

Unless otherwise provided in the declaration or bylaws, if the insurance proceeds are insufficient to reconstruct the building, damage to or destruction of the building shall be promptly repaired and restored by the manager or management committee, using proceeds of insurance, if any, on the building for that purpose, and the unit owners shall be liable for assessment for any deficiency. However, if three-fourths or more of the building is destroyed or substantially damaged and if the unit owners, by a vote of at least three-fourths of such unit owners, do not voluntarily, within 100 days after such destruction or damage, make provision for reconstruction, the manager or management committee shall record, with the county recorder, a notice setting forth such facts, and upon the recording of such notice: 57-8-31(1) The property shall be deemed to be owned in common by the unit owners; 57-8-31(2) The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by such owner in the common elements; 57-8-31(3) Any liens affecting any of the units shall be deemed to be transferred in accordance with the existing priorities to the undivided interest of the unit owner in the property; and 57-8-31(4) The property shall be subject to an action for partition at the suit of any unit owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the unit owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the unit owners, to the extent sufficient for the purposes, all liens on the undivided interest in the property owned by each unit owner.

57-8-32 - Sale of property and common areas and facilities.

57-8-32(1) Subject to Subsection 10-20-809(5) or 17-79-709(5), unless otherwise provided in the declaration or bylaws, and notwithstanding the provisions of Sections 57-8-30 and 57-8-31, the unit owners may by an affirmative vote of at least 67% of unit owners, elect to sell, convey, transfer, or otherwise dispose of the property or all or part of the common areas and facilities. 57-8-32(2) An affirmative vote described in Subsection (1) is binding upon all unit owners, and each unit owner shall execute and deliver the appropriate instruments and perform all acts as necessary to affect the sale, conveyance, transfer, or other disposition of the property or common areas and facilities. 57-8-32(3) The general easement of ingress, egress, and use of the common areas and facilities granted to an association and unit owners through recorded governing documents is extinguished in any portion of the common areas and facilities the unit owners sell, convey, transfer, or otherwise dispose of, if:the unit owners, in selling, conveying, transferring, or otherwise disposing of the portion of the common areas and facilities, comply with:the provisions of this section; andSection 10-20-809 or 17-79-709; andthe sale, conveyance, transfer, or other disposition of the portion of the common areas and facilities results in a person other than the association owning the portion of the common areas and facilities. 57-8-32(4) This section applies to an association of unit owners regardless of when the association of unit owners is created. 57-8-32(5) A declarant may not sell any part of the common areas and facilities during the period of administrative control, except:as allowed for convertible land or convertible space within a condominium project; oras provided in Section 10-20-809 or 17-79-709. 57-8-32(6) Unless otherwise prohibited by the association’s declaration or bylaws, an authorized representative of the association may act as attorney-in-fact for the association’s unit owners in executing a sale, conveyance, transfer, or other disposition of the common areas and facilities following an affirmative vote described in Subsection (1).

57-8-32.5 - Property taken by eminent domain — Allocation of award — Reallocation of interests.

57-8-32.5(1) If any portion of the common areas and facilities is taken by eminent domain, the award for it shall be allocated to the unit owners in proportion to their respective undivided interests in the common areas and facilities. 57-8-32.5(2) If any units are taken by eminent domain, the undivided interest in the common areas and facilities appertaining to these units shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common areas and facilities. The court shall enter a decree reflecting the reallocation of undivided interests so produced, and the award shall include, without limitation, just compensation to the unit owner of any unit taken for the unit owner’s undivided interest in the common areas and facilities as well as for the unit owner’s unit. 57-8-32.5(3) If portions of any unit are taken by eminent domain, the court shall determine the fair market value of the portions of the unit not taken, and the undivided interest in the common areas and facilities appertaining to any such units shall be reduced, in the case of each unit, in proportion to the diminution in the fair market value of the unit resulting from the taking. The portions of undivided interest in the common areas and facilities thus divested from the unit owners of these units shall be reallocated among these units and the other units in the condominium project in proportion to their respective undivided interests in the common areas and facilities, with any units partially taken participating in the reallocation on the basis of their undivided interests as reduced in accordance with the preceding sentence. The court shall enter a decree reflecting the reallocation of undivided interests produced by this, and the award shall include, without limitation, just compensation to the unit owner of any unit partially taken for that portion of the unit owner’s undivided interest in the common areas and facilities divested from the unit owner by operation of the first sentence of this Subsection (3), and not revested in the unit owner by operation of the following sentence, as well as for that portion of the unit owner’s unit taken by eminent domain. 57-8-32.5(4) The court shall enter a decree reflecting the reallocation of undivided interests produced by this, and the award shall include, without limitation, just compensation to the unit owner of any unit partially taken for that portion of the unit owner’s undivided interest in the common areas and facilities divested from the unit owner and also not revested in the unit owner under this Subsection (4), as well as for that portion of the unit owner’s unit taken by eminent domain. 57-8-32.5(5) If, however, the taking of a portion of any unit makes it impractical to use the remaining portion of that unit for any lawful purpose permitted by the declaration, then the entire undivided interest in the common areas and facilities appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interest in the common areas and facilities, and the remaining portion of that unit shall thenceforth be a common area and facility. The court shall enter a decree reflecting the reallocation of undivided interests produced by this, and the award shall include, without limitation, just compensation to the unit owner of the unit for the unit owner’s entire undivided interest in the common areas and facilities and for the unit owner’s entire unit.

57-8-33 - Actions.

Without limiting the rights of any unit owner, actions may be brought by the manager or management committee, in either case in the discretion of the management committee, on behalf of two or more of the unit owners, as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one unit. Service of process on two or more unit owners in any action relating to the common areas and facilities or more than one unit may be made on the person designated in the declaration to receive service of process.

57-8-34 - Persons subject to provisions and agreements.

57-8-34(1) All unit owners, tenants of such owners, employees of owners and tenants, or any other person who may in any manner use the property or any part thereof submitted to the provisions of this act shall be subject to this act and to the declaration and bylaws adopted pursuant to the provisions of this act. 57-8-34(2) All agreements, decisions and determinations lawfully made by the manager, management committee or by the association of unit owners in accordance with this act, the declaration or bylaws, shall be deemed to be binding on all unit owners.

57-8-35 - Effect of other laws — Compliance with ordinances and codes — Approval of projects by municipality or county.

57-8-35(1) The provisions of this chapter shall be in addition and supplemental to all other provisions of law, statutory or judicially declared, provided that wherever the application of the provisions of this chapter conflict with the application of such other provisions, this chapter shall prevail: provided further, for purposes of Sections 10-20-804, 10-20-815, and 17-79-703 and provisions of similar import and any law or ordinance adopted pursuant thereto, a condominium project shall be considered to be a subdivision, and a condominium plat or supplement thereto prepared in accordance with this chapter shall be considered to be a subdivision map or plat, only with respect to:such real property or improvements, if any, as are intended to be dedicated to the use of the public in connection with the creation of the condominium project or portion thereof concerned; andthose units, if any, included in the condominium project or portion thereof concerned which are not contained in existing or proposed buildings. 57-8-35(2) Nothing in this chapter shall be interpreted to state or imply that a condominium project, unit, association or unit owners, or management committee is exempt by this chapter from compliance with the zoning ordinance, building and sanitary codes, and similar development regulations which have been adopted by a municipality or county. No condominium project or any use within said project or any unit or parcel or parcel of land indicated as a separate unit or any structure within said project shall be permitted which is not in compliance with said ordinances and codes. 57-8-35(3) From and after the time a municipality or county shall have established a planning commission, no condominium project or any condominium plat, declaration, or other material as required for recordation under this chapter shall be recorded in the office of the county recorder unless and until the following mentioned attributes of said condominium project shall have been approved by the municipality or county in which it is located. In order to more fully avail itself of this power, the legislative body of a municipality or county may provide by ordinance for the approval of condominium projects proposed within its limits. This ordinance may include and shall be limited to a procedure for approval of condominium projects, the standards and the criteria for the geographical layout of a condominium project, facilities for utility lines and roads which shall be constructed, the percentage of the project which must be devoted to common or recreational use, and the content of the declaration with respect to the standards which must be adhered to concerning maintenance, upkeep, and operation of any roads, utility facilities, recreational areas, and open spaces included in the project. 57-8-35(4) Any ordinance adopted by the legislative body of a municipality or county which outlines the procedures for approval of a condominium project shall provide for:a preliminary approval, which, among other things, will then authorize the developer of the condominium project to proceed with the project; anda final approval which will certify that all of the requirements set forth in the preliminary approval either have been accomplished or have been assured of accomplishment by bond or other appropriate means. No declaration or condominium plat shall be recorded in the office of the county recorder until a final approval has been granted.

57-8-36 - Existing projects — Effect of statutory amendments.

Any condominium project established by instruments filed for record prior to the effective date of the foregoing amendments to the Condominium Ownership Act (hereinafter referred to as an “existing project”) and the rights and obligations of all parties interested in any such existing project shall, to the extent that the declaration, bylaws, and condominium plat concerning the existing project are inconsistent with the provisions of these amendments, be governed and controlled by the provisions of the Condominium Ownership Act as they existed prior to these amendments and by the terms of the existing project’s declaration, bylaws, and condominium plat to the extent that these terms are consistent with applicable law other than these amendments. Any existing project containing or purporting to contain time period units, convertible land, or convertible space, any existing project which is or purports to be a contractible, expandable, or leasehold condominium, the validity of any such project, and the validity and enforceability of any provisions concerning time period units, convertible land, convertible space, withdrawable land, additional land, or leased land which are set forth in an existing project’s declaration, bylaws, or condominium plat, shall be governed by applicable law in effect prior to these amendments, including principles relating to reasonableness, certainty, and constructive and actual notice, shall not necessarily be ineffective or defeated in whole or in part because the project or provision in question does not comply or substantially comply with those requirements of the foregoing amendments which would have been applicable had the instruments creating the project been recorded after the effective date of these amendments, but shall, in any event, be valid, effective, and enforceable if the project or provision in question either substantially complies with those requirements of the foregoing amendments which relate to the subject at issue or employs an arrangement which substantially achieves the same policy as underlies those requirements of the foregoing amendments which relate to the subject at issue.

57-8-37 - Fines.

57-8-37(1) A management committee may assess a fine against a unit owner for a violation of the association of unit owners’ governing documents in accordance with the provisions of this section. 57-8-37(2) Before assessing a fine under Subsection (1), the management committee shall give the unit owner a written warning that: describes the violation; states the rule or provision of the association of unit owners’ governing documents that the unit owner’s conduct violates; states that the management committee may, in accordance with the provisions of this section, assess fines against the unit owner if a continuing violation is not cured or if the unit owner commits similar violations within one year after the day on which the management committee gives the unit owner the written warning or assesses a fine against the unit owner under this section; and if the violation is a continuing violation, states a time that is not less than 48 hours after the day on which the management committee gives the unit owner the written warning by which the unit owner shall cure the violation. A management committee may assess a fine against a unit owner if: within one year after the day on which the management committee gives the unit owner a written warning described in Subsection (2)(a), the unit owner commits another violation of the same rule or provision identified in the written warning; or for a continuing violation, the unit owner does not cure the violation within the time period that is stated in the written warning described in Subsection (2)(a). If permitted by the association of unit owners’ governing documents, after a management committee assesses a fine against a unit owner under this section, the management committee may, without further warning under this Subsection (2), assess an additional fine against the unit owner each time the unit owner: commits a violation of the same rule or provision within one year after the day on which the management committee assesses a fine for a violation of the same rule or provision; or allows a violation to continue for 10 days or longer after the day on which the management committee assesses the fine. The aggregate amount of fines assessed against a unit owner for violations of the same rule or provision of the governing documents may not exceed $500 in any one calendar month. 57-8-37(3) A fine assessed under Subsection (1) shall:

be made only for a violation of a rule, covenant, condition, or restriction that is in the association of unit owners’ governing documents; be in the amount provided for in the association of unit owners’ governing documents and in accordance with Subsection (2)(d); and accrue interest and late fees as provided in the association of unit owners’ governing documents. 57-8-37(4) A unit owner who is assessed a fine under Subsection (1) may request an informal hearing before the management committee to dispute the fine within 30 days after the day on which the unit owner receives notice that the fine is assessed. At a hearing described in Subsection (4)(a), the management committee shall: provide the unit owner a reasonable opportunity to present the unit owner’s position to the management committee; and allow the unit owner, a committee member, or any other person involved in the hearing to participate in the hearing by means of electronic communication. If a unit owner timely requests an informal hearing under Subsection (4)(a), no interest or late fees may accrue until after the management committee conducts the hearing and the unit owner receives a final decision. 57-8-37(5) A unit owner may appeal a fine assessed under Subsection (1) by initiating a civil action within 180 days after: if the unit owner timely requests an informal hearing under Subsection (4), the day on which the unit owner receives a final decision from the management committee; or if the unit owner does not timely request an informal hearing under Subsection (4), the day on which the time to request an informal hearing under Subsection (4) expires. 57-8-37(6) Subject to Subsection (6)(b), a management committee may delegate the management committee’s rights and responsibilities under this section to a managing agent. A management committee may not delegate the management committee’s rights or responsibilities described in Subsection (4)(b). 57-8-37(7) The provisions of this section apply to an association of unit owners regardless of when the association of unit owners is created.

57-8-38 - Arbitration.

The declaration, bylaws, or association rules may provide that disputes between the parties shall be submitted to arbitration pursuant to Title 78B, Chapter 11, Utah Uniform Arbitration Act .

57-8-39 - Limitation on requirements for amending governing documents — Limitation on contracts.

57-8-39(1) To amend the governing documents, the governing documents may not require:for an amendment adopted after the period of administrative control, the vote or approval of unit owners with more than 67% of the voting interests;the approval of any specific unit owner; orthe vote or approval of lien holders holding more than 67% of the first position security interests secured by a mortgage or trust deed in the association of unit owners.An amendment to the declaration after the period of administrative control may be adopted by a majority vote of voters, or a greater percentage if required in the declaration, at a meeting where at least 51% of the voting interests are present.Any provision in the governing documents that prohibits a vote or approval to amend any part of the governing documents during a particular time period is invalid.Subsection (1)(a) does not apply to an amendment affecting only:the undivided interest of each unit owner in the common areas and facilities, as expressed in the declaration;unit boundaries; orunit owners’ voting rights.The management committee may not amend a declaration. 57-8-39(2) A contract for services such as garbage collection, maintenance, lawn care, or snow removal executed on behalf of the association of unit owners during a period of administrative control is binding beyond the period of administrative control unless terminated by the management committee after the period of administrative control ends.Subsection (2)(a) does not apply to golf course and amenity management, utilities, cable services, and other similar services that require an investment of infrastructure or capital. 57-8-39(3) Voting interests under Subsection (1) are calculated in the manner required by the governing documents. 57-8-39(4) Nothing in this section affects any other rights reserved by the declarant. 57-8-39(5) This section applies to an association of unit owners regardless of when the association of unit owners is created.

57-8-40 - Organization of an association of unit owners under other law — Governing document hierarchy — Reorganization.

57-8-40(1) As used in this section, “organizational documents” means the documents related to the formation or operation of a nonprofit corporation or other legal entity formed by the management committee or the declarant. 57-8-40(2) If permitted, required, or acknowledged by the declaration, the management committee may organize an association of unit owners as:

a nonprofit corporation in accordance with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act; or any other entity organized under other law. 57-8-40(3) To the extent possible, organizational documents for a nonprofit corporation or other entity formed in accordance with Subsection (2) may not conflict with the rights and obligations found in the declaration or any of the association of unit owners’ bylaws recorded at the time of the formation of a nonprofit corporation or other entity. 57-8-40(4) Notwithstanding any conflict with the declaration or any recorded bylaws, the organizational documents of a nonprofit corporation or other entity formed in accordance with Subsection (2) may include an additional indemnification and liability limitation provision for:

management committee members or officers; or similar persons in a position of control. 57-8-40(5) In the event of a conflict between this chapter’s provisions, a statute under which the association of unit owners is organized, documents concerning the organization of the association of unit owners as a nonprofit corporation or other entity, the plat, the declaration, the bylaws, and rules or policies of the association of unit owners, the following order prevails:

this chapter controls over a conflicting provision found in any of the sources listed in Subsections (5)(b) through (f);Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, or any other law under which an entity is organized controls over a conflicting provision in any of the sources listed in Subsections (5)(c) through (f); the plat and the declaration control equally over a conflicting provision in any of the sources listed in Subsections (5)(d) through (f); an organizational document filed in accordance with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, or any other law under which an entity is organized, controls over a conflicting provision in any of the sources listed in Subsections (5)(e) through (f); the bylaws control over a conflicting provision in a source described in Subsection (5)(f); and a rule or policy of the association of unit owners that is adopted by the management committee yields to a conflicting provision in any of the sources listed in Subsections (5)(a) through (e). 57-8-40(6) Immediately upon the legal formation of an entity in compliance with this section, the association and unit owners are subject to any right, obligation, procedure, and remedy applicable to that entity. 57-8-40(7) The management committee may modify a form “articles of incorporation” or similar organizational document attached to a declaration for filing or re-filing if the modified version is otherwise consistent with this section’s provisions. An organizational document attached to a declaration that is filed and concerns the organization of an entity may be amended in accordance with the organizational document’s own terms or any applicable law, regardless of whether the organizational document is recorded. Except for amended bylaws, an initial or amended organizational document properly filed with the state does not need to be recorded. 57-8-40(8) This section applies to the reorganization of an association of unit owners previously organized if the entity’s status is terminated or dissolved without the possibility of reinstatement. 57-8-40(9) This section applies to a condominium project regardless of when the condominium project is established. This section does not validate or invalidate the organization of an association of unit owners that occurred before May 5, 2008, regardless of whether the association of unit owners was otherwise in compliance with this section.

57-8-41 - Lender approval — Declaration amendments and association action.

57-8-41(1) If a security holder’s consent is a condition for amending a declaration or bylaw, or for an action of the association of unit owners or management committee, then, subject to Subsection (4), the security holder’s consent is presumed if:

written notice of the proposed amendment or action is sent by certified or registered mail to the security holder’s address listed for receiving notice in the recorded trust deed or other recorded document evidencing the security interest; 60 days have passed after the day on which notice was mailed; and the person designated for receipt of the response in the notice has not received a written response from the security holder either consenting to or refusing to accept the amendment or action. 57-8-41(2) The provisions of Subsection (1) shall apply to:

an association of unit owners formed before and after May 12, 2009; and documents created and recorded before and after May 12, 2009. 57-8-41(3) If, under Subsection (1), a security holder’s address for receiving notice is not provided in the recorded documents evidencing the security interest, the association of unit owners:

shall use reasonable efforts to find a mailing address for the security holder; and may send the notice to any address obtained under Subsection (3)(a). 57-8-41(4) If a security holder responds in writing within 60 days after the day on which the notice is mailed under Subsection (1), indicating that the security interest has been assigned or conveyed to another person, without any recorded document evidencing such a conveyance, the association of unit owners:

may not presume the security holder’s consent under Subsection (1); and shall send a notice in accordance with Subsection (1) to the person assigned or conveyed the security interest. 57-8-41(5) The association of unit owners shall:

send a notice as described in Subsection (4)(b) to the person assigned or conveyed the interest at an address provided by the security holder under Subsection (4); or if no address is provided, shall use reasonable efforts to find a mailing address for, and send notice to, the person assigned or conveyed the interest.

57-8-42 - Fair and reasonable notice.

57-8-42(1) Notice that an association of unit owners provides by a method allowed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, constitutes fair and reasonable notice, whether or not the association of unit owners is a nonprofit corporation. 57-8-42(2) Notice that an association of unit owners provides by a method not referred to in Subsection (1), including a method described in Subsection (3), constitutes fair and reasonable notice if:

the method is authorized in the declaration, articles, bylaws, or rules; and considering all the circumstances, the notice is fair and reasonable. 57-8-42(3) If provided in the declaration, articles, bylaws, or rules, an association of unit owners may provide notice by electronic means, including text message, email, or the website of the association of unit owners. Notwithstanding Subsection (3)(a), a unit owner may, by written demand, require an association of unit owners to provide notice to the unit owner by mail.

57-8-43 - Insurance.

57-8-43(1) As used in this section, “reasonably available” means available using typical insurance carriers and markets, irrespective of the ability of the association of unit owners to pay. 57-8-43(2) This section applies to an insurance policy or combination of insurance policies: issued or renewed on or after July 1, 2011; and issued to or renewed by:

a unit owner; or an association of unit owners, regardless of when the association of unit owners is formed. Unless otherwise provided in the declaration, this section does not apply to a commercial condominium project insured under a policy or combination of policies issued or renewed on or after July 1, 2014. 57-8-43(3) Beginning not later than the day on which the first unit is conveyed to a person other than a declarant, an association of unit owners shall maintain, to the extent reasonably available:

subject to Subsection (9), blanket property insurance or guaranteed replacement cost insurance on the physical structures in the condominium project, including common areas and facilities, limited common areas and facilities, and units, insuring against all risks of direct physical loss commonly insured against, including fire and extended coverage perils; and subject to Subsection (10), liability insurance covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common areas and facilities. 57-8-43(4) If an association of unit owners becomes aware that property insurance under Subsection (3)(a) or liability insurance under Subsection (3)(b) is not reasonably available, the association of unit owners shall, within seven calendar days after becoming aware, give all unit owners notice, as provided in Section 57-8-42, that the insurance is not reasonably available. 57-8-43(5) The declaration or bylaws may require the association of unit owners to carry other types of insurance in addition to those described in Subsection (3). In addition to any type of insurance coverage or limit of coverage provided in the declaration or bylaws and subject to the requirements of this section, an association of unit owners may, as the management committee considers appropriate, obtain: an additional type of insurance than otherwise required; or a policy with greater coverage than otherwise required. 57-8-43(6) Unless a unit owner is acting within the scope of the unit owner’s authority on behalf of an association of unit owners, a unit owner’s act or omission may not:

void a property insurance policy under Subsection (3)(a) or a liability insurance policy under Subsection (3)(b); or be a condition to recovery under a policy. 57-8-43(7) An insurer under a property insurance policy or liability insurance policy obtained by an association of unit owners under this section waives the insurer’s right to subrogation under the policy against:

any person residing with the unit owner, if the unit owner resides in the unit; and the unit owner. 57-8-43(8) An insurance policy issued to an association of unit owners may not be inconsistent with any provision of this section. A provision of a declaration, bylaw, rule, or other document governing the association of unit owners that is contrary to a provision of this section has no effect. Neither the governing documents nor a property insurance or liability insurance policy issued to an association of unit owners may prevent a unit owner from obtaining insurance for the unit owner’s own benefit. 57-8-43(9) This Subsection (9) applies to property insurance required under Subsection (3)(a). The total amount of coverage provided by blanket property insurance or guaranteed replacement cost insurance may not be less than 100% of the full replacement cost of the insured property at the time the insurance is purchased and at each renewal date, excluding: items normally excluded from property insurance policies; and unless otherwise provided in the declaration, any commercial condominium unit in a mixed-use condominium project, including any fixture, improvement, or betterment in a commercial condominium unit in a mixed-use condominium project. Property insurance shall include coverage for any fixture, improvement, or betterment installed at any time to a unit or to a limited common area associated with a unit, whether installed in the original construction or in any remodel or later alteration, including a floor covering, cabinet, light fixture, electrical fixture, heating or plumbing fixture, paint, wall covering, window, and any other item permanently part of or affixed to a unit or to a limited common element associated with a unit. Notwithstanding anything in this section and unless otherwise provided in the declaration, an association of unit owners is not required to obtain property insurance for a loss to a unit that is not physically attached to: another unit; or a structure that is part of a common area or facility. Each unit owner is an insured person under a property insurance policy. If a loss occurs that is covered by a property insurance policy in the name of an association of unit owners and another property insurance policy in the name of a unit owner: the association’s policy provides primary insurance coverage; and notwithstanding Subsection (9)(f)(i) and subject to Subsection (9)(g):

the unit owner is responsible for the deductible of the association of unit owners; and building property coverage, often referred to as coverage A, of the unit owner’s policy applies to that portion of the loss attributable to the policy deductible of the association of unit owners. As used in this Subsection (9)(g) and Subsection (9)(j):

“Covered loss” means a loss, resulting from a single event or occurrence, that is covered by a property insurance policy of an association of unit owners. “Unit damage” means damage to a unit or to a limited common area or facility appurtenant to that unit, or both. “Unit damage percentage” means the percentage of total damage resulting in a covered loss that is attributable to unit damage. A unit owner who owns a unit that has suffered unit damage as part of a covered loss is responsible for an amount calculated by applying the unit damage percentage for that unit to the amount of the deductible under the property insurance policy of the association of unit owners. If a unit owner does not pay the amount required under Subsection (9)(g)(ii) within 30 days after substantial completion of the repairs to the unit or limited common areas and facilities appurtenant to that unit, an association of unit owners may levy an assessment against the unit owner for that amount. An association of unit owners shall set aside an amount equal to the amount of the association’s property insurance policy deductible or, if the policy deductible exceeds $10,000,anamountnotlessthan$10,000. An association of unit owners shall provide notice in accordance with Section 57-8-42 to each unit owner of the unit owner’s obligation under Subsection (9)(g) for the association’s policy deductible and of any change in the amount of the deductible. An association of unit owners that fails to provide notice as provided in Subsection (9)(i)(i) is responsible for the portion of the deductible that the association of unit owners could have assessed to a unit owner under Subsection (9)(g), but only to the extent that the unit owner does not have insurance coverage that would otherwise apply under this Subsection (9). Notwithstanding Subsection (9)(i)(ii), an association of unit owners that provides notice of the association’s policy deductible, as required under Subsection (9)(i)(i), but fails to provide notice of a later increase in the amount of the deductible is responsible only for the amount of the increase for which notice was not provided. The failure of an association of unit owners to provide notice as provided in Subsection (9)(i)(i) may not be construed to invalidate any other provision of this section. If, in the exercise of the business judgment rule, the management committee determines that a covered loss is likely not to exceed the property insurance policy deductible of the association of unit owners and until it becomes apparent the covered loss exceeds the deductible of the property insurance of the association of unit owners and a claim is submitted to the property insurance insurer of the association of unit owners: a unit owner’s policy is considered the policy for primary coverage for a loss occurring to the unit owner’s unit or to a limited common area or facility appurtenant to the unit; the association of unit owners is responsible for any covered loss to any common areas and facilities; a unit owner who does not have a policy to cover the damage to that unit owner’s unit and appurtenant limited common areas and facilities is responsible for that damage, and the association of unit owners may, as provided in Subsection (9)(g)(iii), recover any payments the association of unit owners makes to remediate that unit and appurtenant limited common areas and facilities; and the association of unit owners need not tender the claim to the association’s insurer. An insurer under a property insurance policy issued to an association of unit owners shall adjust with the association of unit owners a loss covered under the association’s policy. Notwithstanding Subsection (9)(k)(i), the insurance proceeds for a loss under a property insurance policy of an association of unit owners:

are payable to an insurance trustee that the association of unit owners designates or, if no trustee is designated, to the association of unit owners; and may not be payable to a holder of a security interest. An insurance trustee or an association of unit owners shall hold any insurance proceeds in trust for the association of unit owners, unit owners, and lien holders. If damaged property is to be repaired or restored, insurance proceeds shall be disbursed first for the repair or restoration of the damaged property. After the disbursements described in Subsection (9)(k)(iv)(A) are made and the damaged property has been completely repaired or restored or the project terminated, any surplus proceeds are payable to the association of unit owners, unit owners, and lien holders, as provided in the declaration. An insurer that issues a property insurance policy under this section, or the insurer’s authorized agent, shall issue a certificate or memorandum of insurance to: the association of unit owners; a unit owner, upon the unit owner’s written request; and a holder of a security interest, upon the holder’s written request. A cancellation or nonrenewal of a property insurance policy under this section is subject to the procedures stated in Section 31A-21-303. A management committee that acquires from an insurer the property insurance required in this section is not liable to unit owners if the insurance proceeds are not sufficient to cover 100% of the full replacement cost of the insured property at the time of the loss. Unless required in the declaration, property insurance coverage is not required for fixtures, improvements, or betterments in a commercial unit or limited common areas and facilities appurtenant to a commercial unit in a mixed-use condominium project. Notwithstanding any other provision of this section, an association of unit owners may obtain property insurance for fixtures, improvements, or betterments in a commercial unit in a mixed-use condominium project if allowed or required in the declaration. This Subsection (9) does not prevent a person suffering a loss as a result of damage to property from asserting a claim, either directly or through subrogation, for the loss against a person at fault for the loss. Subsection (9)(p)(i) does not affect Subsection (7). 57-8-43(10) This Subsection (10) applies to a liability insurance policy required under Subsection (3)(b). A liability insurance policy shall be in an amount determined by the management committee but not less than an amount specified in the declaration or bylaws. Each unit owner is an insured person under a liability insurance policy that an association of unit owners obtains, but only for liability arising from: the unit owner’s ownership interest in the common areas and facilities; maintenance, repair, or replacement of common areas and facilities; and the unit owner’s membership in the association of unit owners.

57-8-44 - Lien in favor of association of unit owners for assessments and costs of collection.

57-8-44(1) Except as provided in Section 57-8-13.1, an association of unit owners has a lien on a unit for: an assessment; except as provided in the declaration, fees, charges, and costs associated with collecting an unpaid assessment, including:

court costs and reasonable attorney fees; late charges; interest; and any other amount that the association of unit owners is entitled to recover under the declaration, this chapter, or an administrative or judicial decision; and a fine that the association of unit owners imposes against a unit owner in accordance with Section 57-8-37, if:

the time for appeal described in Subsection 57-8-37(5) has expired and the unit owner did not file an appeal; or the unit owner timely filed an appeal under Subsection 57-8-37(5) and a court issued a final order upholding a fine imposed under Subsection 57-8-37(1). The recording of a declaration constitutes record notice and perfection of a lien described in Subsection (1)(a). 57-8-44(2) If an assessment is payable in installments, a lien described in Subsection (1)(a)(i) is for the full amount of the assessment from the time the first installment is due, unless the association of unit owners otherwise provides in a notice of assessment. 57-8-44(3) An unpaid assessment or fine accrues interest at the rate provided:

in Subsection 15-1-1(2); or in the governing documents, if the governing documents provide for a different interest rate. 57-8-44(4) A lien under this section has priority over each other lien and encumbrance on a unit except:

a lien or encumbrance recorded before the declaration is recorded; a first or second security interest on the unit secured by a mortgage or deed of trust that is recorded before a recorded notice of lien by or on behalf of the association of unit owners; or a lien for real estate taxes or other governmental assessments or charges against the unit. 57-8-44(5) A lien under this section is not subject to Title 78B, Chapter 5, Part 5, Utah Exemptions Act. 57-8-44(6) Unless the declaration provides otherwise, if two or more associations of unit owners have liens for assessments on the same unit, the liens have equal priority, regardless of when the liens are created.

57-8-45 - Enforcement of a lien.

57-8-45(1) Except as provided in Section 57-8-13.1, to enforce a lien established under Section 57-8-44, an association of unit owners may: cause a unit to be sold through nonjudicial foreclosure as though the lien were a deed of trust, in the manner provided by:

Sections 57-1-24, 57-1-25, 57-1-26, and 57-1-27; and this chapter; or foreclose the lien through a judicial foreclosure in the manner provided by:

law for the foreclosure of a mortgage; and this chapter. For purposes of a nonjudicial or judicial foreclosure as provided in Subsection (1)(a): the association of unit owners is considered to be the beneficiary under a trust deed; and the unit owner is considered to be the trustor under a trust deed. 57-8-45(2) A unit owner’s acceptance of the owner’s interest in a unit constitutes a simultaneous conveyance of the unit in trust, with power of sale, to the trustee designated as provided in this section for the purpose of securing payment of all amounts due under the declaration and this chapter. 57-8-45(3) A power of sale and other powers of a trustee under this part and under Sections 57-1-19 through 57-1-34 may not be exercised unless the association of unit owners appoints a qualified trustee. An association of unit owners’ execution of a substitution of trustee form authorized in Section 57-1-22 is sufficient for appointment of a trustee under Subsection (3)(a). A person may not be a trustee under this part unless the person qualifies as a trustee under Subsection 57-1-21(1)(a)(i) or (iv). A trustee under this part is subject to all duties imposed on a trustee under Sections 57-1-19 through 57-1-34. 57-8-45(4) This chapter does not prohibit an association of unit owners from bringing an action against a unit owner to recover an amount for which a lien is created under Section 57-8-44 or from taking a deed in lieu of foreclosure, if the action is brought or deed taken before the sale or foreclosure of the unit owner’s unit under this chapter.

57-8-46 - Notice of nonjudicial foreclosure — Limitations on nonjudicial foreclosure.

57-8-46(1) At least 30 calendar days before the day on which an association of unit owners initiates a nonjudicial foreclosure by filing for record a notice of default in accordance with Section 57-1-24, the association of unit owners shall deliver notice to the owner of the unit that is the intended subject of the nonjudicial foreclosure. 57-8-46(2) The notice under Subsection (1):

shall: notify the unit owner that the association of unit owners intends to pursue nonjudicial foreclosure with respect to the owner’s unit to enforce the association of unit owners’ lien for an unpaid assessment; notify the unit owner of the owner’s right to demand judicial foreclosure in the place of nonjudicial foreclosure; be in substantially the following form:“NOTICE OF NONJUDICIAL FORECLOSURE AND RIGHT TO DEMAND JUDICIAL FORECLOSUREThe (insert the name of the association of unit owners), the association for the project in which your unit is located, intends to foreclose upon your unit and allocated interest in the common areas and facilities for delinquent assessments using a procedure that will not require it to file a lawsuit or involve a court. This procedure is governed by Utah Code, Sections 57-8-46 and 57-8-47, and is being followed in order to enforce the association’s lien against your unit and to collect the amount of an unpaid assessment against your unit, together with any applicable late fees and the costs, including attorney fees, associated with the foreclosure proceeding. This procedure cannot and will not be used to foreclose upon your unit for delinquent fines for a violation of the association of unit owners’ governing documents. Alternatively, you have the right to demand that a foreclosure of your property for delinquent assessments be conducted in a lawsuit with the oversight of a judge. If you make this demand, the association of unit owners may also include a claim for delinquent fines for a violation of the association of unit owners’ governing documents. Additionally, if you make this demand and the association prevails in the lawsuit, the costs and attorney fees associated with the lawsuit will likely be significantly higher than if a lawsuit were not required, and you may be responsible for paying those costs and attorney fees. If you want to make this demand, you must state in writing that ‘I demand a judicial foreclosure proceeding upon my unit,’ or words substantially to that effect. You must send this written demand by first class and certified U.S. mail, return receipt requested, within 30 days after the day on which this notice was delivered to you. The address to which you must mail your demand is (insert the address of the association of unit owners for receipt of a demand).”; and be sent to the unit owner by certified mail, return receipt requested; and may be included with other association correspondence to the unit owner. 57-8-46(3) An association of unit owners may not use a nonjudicial foreclosure to enforce a lien if:

the association of unit owners fails to provide notice in accordance with Subsection (1); the unit owner mails the association of unit owners a written demand for judicial foreclosure: by U.S. mail, certified with a return receipt requested; to the address stated in the association of unit owners’ notice under Subsection (1); and within 30 days after the day on which the return receipt described in Subsection (2)(a)(iv) shows the association of unit owners’ notice under Subsection (1) is delivered; the lien includes a fine described in Subsection 57-8-44(1)(a)(iii); or unless the lien is on a time share estate as defined in Section 57-19-2, the lien does not include an assessment described in Subsection 57-8-44(1)(a)(i) that is delinquent more than 180 days after the day on which the assessment is due.

57-8-47 - Provisions applicable to nonjudicial foreclosure.

57-8-47(1) An association of unit owners’ nonjudicial foreclosure of a unit is governed by:

Sections 57-1-19 through 57-1-34, to the same extent as though the association of unit owners’ lien were a trust deed; and this chapter. 57-8-47(2) If there is a conflict between a provision of this chapter and a provision of Sections 57-1-19 through 57-1-34 with respect to an association of unit owners’ nonjudicial foreclosure of a unit, the provision of this chapter controls.

57-8-48 - One-action rule not applicable — Abandonment of enforcement proceedings.

57-8-48(1) Subsection 78B-6-901(1) does not apply to an association of unit owners’ judicial or nonjudicial foreclosure of a unit under this part. 57-8-48(2) An association of unit owners may abandon a judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale and initiate a separate action or another judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale if the initial judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale is not complete.

57-8-49 - Costs and attorney fees in lien enforcement action.

57-8-49(1) A court entering a judgment or decree in a judicial action brought under Sections 57-8-44 through 57-8-53 shall award the prevailing party its costs and reasonable attorney fees incurred before the judgment or decree and, if the association of unit owners is the prevailing party, any costs and reasonable attorney fees that the association of unit owners incurs collecting the judgment. 57-8-49(2) In a nonjudicial foreclosure, an association of unit owners may include in the amount due, and may collect, all costs and reasonable attorney fees incurred in collecting the amount due, including the costs of preparing, recording, and foreclosing a lien.

57-8-50 - Action to recover unpaid assessment.

An association of unit owners need not pursue a judicial foreclosure or nonjudicial foreclosure to collect an unpaid assessment but may file an action to recover a money judgment for the unpaid assessment without waiving the lien under Section 57-8-44 .

57-8-51 - Appointment of receiver.

In an action by an association of unit owners to collect an assessment or to foreclose a lien for an unpaid assessment, a court may: 57-8-51(1) appoint a receiver, in accordance with Section 7-2-9, to collect and hold money alleged to be due and owing to a unit owner:

before commencement of the action; or during the pendency of the action; and 57-8-51(2) order the receiver to pay the association of unit owners, to the extent of the association’s common expense assessment, money the receiver holds under Subsection (1).

57-8-52 - Termination of a delinquent owner’s rights — Notice — Informal hearing.

57-8-52(1) As used in this section, “delinquent unit owner” means a unit owner who fails to pay an assessment when due. 57-8-52(2) A management committee may, if authorized in the declaration, bylaws, or rules and as provided in this section, terminate a delinquent unit owner’s right:

to receive a utility service for which the unit owner pays as a common expense; or of access to and use of recreational facilities. 57-8-52(3) Before terminating a utility service or right of access to and use of recreational facilities under Subsection (2), the manager or management committee shall give the delinquent unit owner notice in a manner provided in the declaration, bylaws, or association of unit owners rules. A notice under Subsection (3)(a) shall state:

that the association of unit owners will terminate the unit owner’s utility service or right of access to and use of recreational facilities, or both, if the association of unit owners does not receive payment of the assessment within the time provided in the declaration, bylaws, or association of unit owners rules, subject to Subsection (3)(b)(ii); the amount of the assessment due, including any interest or late payment fee; and the unit owner’s right to request a hearing under Subsection (4). The time provided under Subsection (3)(b)(i)(A) may not be less than 14 days. A notice under Subsection (3)(a) may include the estimated cost to reinstate a utility service if service is terminated. 57-8-52(4) A delinquent unit owner may submit a written request to the management committee for an informal hearing to dispute the assessment. A request under Subsection (4)(a) shall be submitted within 14 days after the date the delinquent unit owner receives the notice under Subsection (3). 57-8-52(5) A management committee shall conduct an informal hearing requested under Subsection (4) in accordance with the standards provided in the declaration, bylaws, or association of unit owners rules. 57-8-52(6) If a delinquent unit owner requests a hearing, the association of unit owners may not terminate a utility service or right of access to and use of recreational facilities until after the management committee:

conducts the hearing; and enters a final decision. 57-8-52(7) If an association of unit owners terminates a utility service or a right of access to and use of recreational facilities, the association of unit owners shall take immediate action to reinstate the service or right following the unit owner’s payment of the assessment, including any interest and late payment fee. 57-8-52(8) An association of unit owners may:

assess a unit owner for the cost associated with reinstating a utility service that the association of unit owners terminates as provided in this section; and demand that the estimated cost to reinstate the utility service be paid before the service is reinstated, if the estimated cost is included in a notice under Subsection (3).

57-8-53 - Requiring tenant in residential condominium unit to pay rent to association of unit owners if owner fails to pay assessment.

57-8-53(1) As used in this section:

“Amount owing” means the total of: any assessment or obligation under Subsection 57-8-44(1)(a) that is due and owing; and any applicable interest, late fee, and cost of collection that accrues after an association of unit owners gives notice under Subsection (3). “Lease” means an arrangement under which a tenant occupies a unit owner’s residential condominium unit in exchange for the unit owner receiving a consideration or benefit, including a fee, service, gratuity, or emolument. “Tenant” means a person, other than the unit owner, who has regular, exclusive occupancy of the unit owner’s residential condominium unit. 57-8-53(2) Subject to Subsections (3) and (4), the management committee may require a tenant under a lease with a unit owner to pay the association of unit owners all future lease payments due to the unit owner:

if: the unit owner fails to pay an assessment for a period of more than 60 days after the assessment is due and payable; and authorized in the declaration, bylaws, or rules; beginning with the next monthly or periodic payment due from the tenant; and until the association of unit owners is paid the amount owing. 57-8-53(3) Before requiring a tenant to pay lease payments to the association of unit owners under Subsection (2), the manager or management committee shall give the unit owner notice, in accordance with the declaration, bylaws, or association rules. The notice required under Subsection (3)(a) shall state: the amount of the assessment due, including any interest, late fee, collection cost, and attorney fees; that any costs of collection, including attorney fees, and other assessments that become due may be added to the total amount due and to be paid through the collection of lease payments; and that the association intends to demand payment of future lease payments from the unit owner’s tenant if the unit owner does not pay the amount owing within 15 days. 57-8-53(4) If a unit owner fails to pay the amount owing within 15 days after the manager or management committee gives the unit owner notice under Subsection (3), the manager or management committee may exercise the rights of the association of unit owners under Subsection (2) by delivering a written notice to the tenant. A notice under Subsection (4)(a) shall state that: due to the unit owner’s failure to pay an assessment within the required time, the manager or management committee has notified the unit owner of the manager or management committee’s intent to collect all lease payments until the amount owing is paid; the law requires the tenant to make all future lease payments, beginning with the next monthly or other periodic payment, to the association of unit owners, until the amount owing is paid; and the tenant’s payment of lease payments to the association of unit owners does not constitute a default under the terms of the lease with the unit owner. The manager or management committee shall mail a copy of the notice to the unit owner. 57-8-53(5) A tenant to whom notice under Subsection (4) is given shall pay to the association of unit owners all future lease payments as they become due and owing to the unit owner: beginning with the next monthly or other periodic payment after the notice under Subsection (4) is delivered to the tenant; and until the association of unit owners notifies the tenant under Subsection (6) that the amount owing is paid. A unit owner: shall credit each payment that the tenant makes to the association of unit owners under this section against any obligation that the tenant owes to the owner as though the tenant made the payment to the owner; and may not initiate a suit or other action against a tenant for failure to make a lease payment that the tenant pays to an association of unit owners as required under this section. 57-8-53(6) Within five business days after the amount owing is paid, the manager or management committee shall notify the tenant in writing that the tenant is no longer required to pay future lease payments to the association of unit owners. The manager or management committee shall mail a copy of the notification described in Subsection (6)(a) to the unit owner. 57-8-53(7) An association of unit owners shall deposit money paid to the association of unit owners under this section in a separate account and disburse that money to the association of unit owners until: the amount owing is paid; and any cost of administration, not to exceed $25, is paid. The association of unit owners shall, within five business days after the amount owing is paid, pay to the unit owner any remaining balance.

57-8-54 - Statement from manager or management committee of unpaid assessment.

57-8-54(1) A manager or management committee shall issue a written statement indicating any unpaid assessment with respect to a unit owner’s unit upon:

a written request by the unit owner; and payment of a reasonable fee not to exceed $25. 57-8-54(2) A written statement under Subsection (1) is conclusive in favor of a person who relies on the written statement in good faith.

57-8-55 - Consolidation of multiple associations of unit owners.

57-8-55(1) Two or more associations of unit owners may be consolidated into a single association of unit owners as provided in Title 16, Chapter 6a, Part 11, Merger, and this section. 57-8-55(2) Unless the declaration, articles, or bylaws otherwise provide, a declaration of consolidation between two or more associations of unit owners to consolidate into a single association of unit owners is not effective unless it is approved by the unit owners of each of the consolidating associations of unit owners, by the highest percentage of allocated voting interests of the unit owners required by each association of unit owners to amend its respective declaration, articles, or bylaws. 57-8-55(3) A declaration of consolidation under Subsection (2) shall:

be prepared, executed, and certified by the president of the association of each of the consolidating associations of unit owners; and provide for the reallocation of the allocated interests in the consolidated association by stating: the reallocations of the allocated interests in the consolidated association of unit owners or the formulas used to reallocate the allocated interests; or the percentage of overall allocated interests of the consolidated association of unit owners that are allocated to all of the units comprising each of the consolidating associations of unit owners; and that the portion of the percentages allocated to each unit formerly comprising a part of a consolidating association of unit owners is equal to the percentages of allocated interests allocated to the unit by the declaration of the consolidating association of unit owners. 57-8-55(4) A declaration of consolidation under Subsection (2) is not effective until it is recorded in the office of each applicable county recorder. 57-8-55(5) Unless otherwise provided in the declaration of consolidation, the consolidated association of unit owners resulting from a consolidation under this section:

is the legal successor for all purposes of all of the consolidating associations of unit owners; the operations and activities of all of the consolidating associations of unit owners shall be consolidated into the consolidated association of unit owners; and the consolidated association of unit owners holds all powers, rights, obligations, assets, and liabilities of all consolidating associations of unit owners.

57-8-56 - Association of unit owners’ right to pay delinquent utilities.

57-8-56(1) Upon request in accordance with Subsection (2), at least 10 days before the day on which an electrical corporation or a gas corporation discontinues service to a unit, the electrical corporation or gas corporation shall give the association of unit owners:

written notice that the electrical corporation or gas corporation will discontinue service to the unit; and an opportunity to pay any delinquent charges and maintain service to the unit. 57-8-56(2) An association of unit owners may request the notice and opportunity to pay described in Subsection (1) by sending a written request to the electrical corporation or gas corporation that includes:

the address of each unit in the association of unit owners; the association of unit owners’ name, mailing address, phone number, and email address; and the address where the electrical corporation or gas corporation may send notices. 57-8-56(3) If, after an electrical corporation or a gas corporation sends a written notice described in Subsection (1) to an association of unit owners and the association of unit owners does not pay the delinquent charges within 10 days after the day on which the electrical corporation or gas corporation sends the notice, the electrical corporation or gas corporation may discontinue service to the unit. 57-8-56(4) An association of unit owners may collect any payment to an electrical corporation or a gas corporation under this section as an assessment in accordance with Section 57-8-44. 57-8-56(5) If, after an association of unit owners receives a written notice described in Subsection (1), the association of unit owners decides not to pay the delinquent charges, the association of unit owners may, if permitted by the association of unit owners’ governing documents, and after reasonable notice to the unit owner: enter the unit; and winterize the unit. A person who enters a unit in accordance with Subsection (5)(a) is not liable for trespass. An association of unit owners may charge a unit owner an assessment for the actual and reasonable costs of winterizing a unit in accordance with this Subsection (5).

57-8-57 - Management committee meetings — Open meetings.

57-8-57(1) Except for an action taken without a meeting in accordance with Section 16-6a-813, a management committee may take action only at a management committee meeting. 57-8-57(2) At least 48 hours before a management committee meeting, the association of unit owners shall give written notice of the management committee meeting via email to each unit owner who requests notice of a management committee meeting, unless: notice of the management committee meeting is included in a meeting schedule that was previously provided to the unit owner; or the management committee meeting is to address an emergency; and each management committee member receives notice of the management committee meeting less than 48 hours before the management committee meeting. A notice described in Subsection (2)(a) shall: be delivered to the unit owner by email, to the email address that the unit owner provides to the management committee or the association of unit owners; state the time and date of the management committee meeting; state the location of the management committee meeting; and if a management committee member may participate by means of electronic communication, provide the information necessary to allow the unit owner to participate by the available means of electronic communication. 57-8-57(3) Except as provided in Subsection (3)(b), a management committee meeting shall be open to each unit owner or the unit owner’s representative if the representative is designated in writing. A management committee may close a management committee meeting to: consult with an attorney for the purpose of obtaining legal advice; discuss ongoing or potential litigation, mediation, arbitration, or administrative proceedings; discuss a personnel matter; discuss a matter relating to contract negotiations, including review of a bid or proposal; discuss a matter that involves an individual if the discussion is likely to cause the individual undue embarrassment or violate the individual’s reasonable expectation of privacy; or discuss a delinquent assessment or fine. 57-8-57(4) At each management committee meeting, the management committee shall provide each unit owner a reasonable opportunity to offer comments. The management committee may limit the comments described in Subsection (4)(a) to one specific time period during the meeting. 57-8-57(5) A management committee member may not avoid or obstruct the requirements of this section. 57-8-57(6) Nothing in this section shall affect the validity or enforceability of an action of a management committee. 57-8-57(7) The provisions of this section do not apply during the period of administrative control. 57-8-57(8) The provisions of this section apply regardless of when the condominium project’s initial declaration was recorded. 57-8-57(9) Subject to Subsection (9)(d), if an association of unit owners fails to comply with a provision of Subsections (1) through (5) and fails to remedy the noncompliance during the 90-day period described in Subsection (9)(d), a unit owner may file an action in court for: injunctive relief requiring the association of unit owners to comply with the provisions of Subsections (1) through (5); $500 or actual damages, whichever is greater; or any other relief provided by law. In an action described in Subsection (9)(a), the court may award costs and reasonable attorney fees to the prevailing party. Upon motion from the unit owner, notice to the association of unit owners, and a hearing in which the court finds a likelihood that the association of unit owners has failed to comply with a provision of Subsections (1) through (5), the court may order the association of unit owners to immediately comply with the provisions of Subsections (1) through (5). At least 90 days before the day on which a unit owner files an action described in Subsection (9)(a), the unit owner shall deliver a written notice to the association of unit owners that states: the unit owner’s name, address, telephone number, and email address; each requirement of Subsections (1) through (5) with which the association of unit owners has failed to comply; a demand that the association of unit owners comply with each requirement with which the association of unit owners has failed to comply; and a date by which the association of unit owners shall remedy the association of unit owners’ noncompliance that is at least 90 days after the day on which the unit owner delivers the notice to the association of unit owners.

57-8-58 - Liability of declarant or management committee — Period of declarant control.

57-8-58(1) An association may not, after the period of declarant control, bring a legal action against a declarant, a management committee, or an employee, an independent contractor, or an agent of the declarant or the management committee related to the period of declarant control unless:the legal action is approved in advance at a meeting where owners of at least 51% in aggregate in interest of the undivided ownership of the common areas and facilities are:present; orrepresented by a proxy specifically assigned for the purpose of voting to approve or deny the legal action at the meeting;the legal action is approved by vote in person or by proxy of owners of the lesser of:more than 75% in aggregate in interest of the total aggregate interest of the undivided ownership of the common areas and facilities represented by those owners present at the meeting or represented by a proxy as described in Subsection (1)(a); ormore than 51% in aggregate in interest of the undivided ownership of the common areas and facilities;the association provides each unit owner with the items described in Subsection (2);the association establishes the trust described in Subsection (3); andthe association first:notifies the person subject to the proposed action of the action and the basis of the association’s claim; andgives the person subject to the proposed action a reasonable opportunity to resolve the dispute that is the basis of the action. 57-8-58(2) Before unit owners in an association may vote to approve an action described in Subsection (1), the association shall provide each unit owner:a written notice that the association is contemplating legal action; andafter the association consults with an attorney licensed to practice in the state, a written assessment of:the likelihood that the legal action will succeed;the likely amount in controversy in the legal action;the likely cost of resolving the legal action to the association’s satisfaction; andthe likely effect the legal action will have on a unit owner’s or prospective unit buyer’s ability to obtain financing for a unit while the legal action is pending. 57-8-58(3) Before the association commences a legal action described in Subsection (1), the association shall:allocate an amount equal to 10% of the cost estimated to resolve the legal action, not including attorney fees; andplace the amount described in Subsection (3)(a) in a trust that the association may only use to pay the costs to resolve the legal action. 57-8-58(4) This section does not apply to an association that brings a legal action that has an amount in controversy of less than $75,000. 57-8-58(5) In a legal action brought by one or more unit owners solely against the declarant before the end of the period of declarant control, a declarant may not use any funds paid by a unit owner to the association to pay for costs of the declarant’s legal defense.

57-8-59 - Management committee.

57-8-59(1) A member of the management committee shall be:

a natural person; and 18 years old or older. 57-8-59(2) An association’s bylaws may prescribe other qualifications for members of the management committee in addition to the requirements described in Subsection (1). 57-8-59(3) Without limiting the qualifications an association prescribes under Subsection (2), an association may, through governing documents or the management committee’s internal procedures, disqualify an individual from serving as a member of the management committee because the individual:

has been convicted of a felony; or is a sex offender. 57-8-59(4) A member of the management committee need not be a resident of this state or a lot owner in the association unless required by the association’s bylaws. 57-8-59(5) Except as limited in the declaration, the association of unit owners bylaws or articles of incorporation, or other provisions of this chapter, a management committee acts in all instances on behalf of the association of unit owners.

57-8-60 - Administration of funds.

An association of unit owners: 57-8-60(1) shall keep all of the association of unit owners’ funds in an account in the name of the association of unit owners; and 57-8-60(2) may not commingle the association of unit owners’ funds with the funds of any other person.