Title 70, Title 70

(1) In addition to the documents required under 70-23-1101(2)(a), the notice of intent by a unit owner to a lienholder to convert a condominium to a townhome or townhouse must contain: (a) the date; (b) the name and address of the borrower; (c) the name of the lienholder; and (d)…

The instrument reflecting a unit owner's consent on behalf of the lienholder to convert a secured property from a condominium to a townhome or townhouse must be in substantially the following form: "(Unit owner) hereby consents on behalf of (name of lienholder), whose lien is evi…

Regarding a conversion pursuant to 70-23-1101, the following provisions apply: (1) (a) A townhome or townhouse unit, including the structural elements and land beneath the unit as described in the surveyed site plan in 70-23-1101(2)(a)(iv), must be considered to be owned in fee s…

Nothing in this part may be interpreted to modify, expand, or abrogate the applicability of state or local building codes or zoning regulations to a condominium, townhome, townhouse, or conversion.

A declaration must contain: (1) a description of the land, whether leased or in fee simple, on which the building is located or is to be located; (2) the name by which the property will be known and a general description of the building, including the number of stories and baseme…

A preliminary declaration, setting forth as many of the particulars required by 70-23-301 as may then be practicable, may be recorded before construction of the building described in the declaration is completed. The preliminary declaration shall not relieve the owner from the ne…

No property shall bear a name using a word which is the same as, similar to, or pronounced the same as a word in the name of any other property or subdivision in the same county, except for the words "apartment", "motel", "building", "court", "place", or similar words.

Before a declaration may be recorded in the county in which the property is located, it must be approved by the county. A declaration must be approved unless: (1) the name does not comply with 70-23-303; and (2) all taxes and assessments due and payable have not been paid.

(1) When a declaration is made and approved as required, it must, upon the payment of the fees provided by law, be recorded by the recording officer. The fact of recording and the date of recording must be entered on the declaration. (2) At the time of recording a declaration, th…

(1) Floor plans of the building described in a declaration shall be recorded simultaneously with the declaration. The floor plans shall show the layout of each unit, including the unit designation, location and dimensions of each unit, and the common areas to which each has acces…

(1) The unit owners of each property shall adopt bylaws to govern the administration of the property. (2) A copy of the bylaws, certified by the presiding officer and secretary of the association, shall be recorded simultaneously with the declaration of the property to which the …

Subject to 70-1-522, the bylaws must provide for: (1) the election from among the unit owners of a board of directors, the number of persons constituting the board, and that the terms of at least one-third of the directors expire annually, the powers and duties of the board, the …

(1) Unless the terms of the declaration or the bylaws provide otherwise, an association of unit owners may hold a meeting by remote means. (2) For the purposes of this section, "remote means" includes telephone audio, teleconference, or videoconference.

While the property is submitted to this chapter, a unit in the building may be individually conveyed, leased, or encumbered and may be the subject of ownership, possession, or sale and of all types of juridic acts inter vivos or mortis causa as if it were sole and entirely indepe…

(1) Each unit owner is entitled to the exclusive ownership and possession of the owner's unit. (2) A unit may be jointly or commonly owned by more than one person.

(1) Each unit owner shall be entitled to an undivided interest in the common elements in the percentage expressed in the declaration. Such percentage shall be in the approximate relation that the value of the unit at the date of the declaration bears to the then combined value of…

The undivided interest in the common elements shall not be separated from the unit to which it appertains and shall be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.

The common elements shall remain undivided, and no unit owner shall bring any action for partition or division of any part thereof except as provided in 70-23-805. Any covenant to the contrary is void.

The common profits of the property shall be distributed among and the common expenses shall be charged to the unit owners according to the percentage of undivided interest of each in the common elements.

A unit owner may not make a repair or alteration or perform any other work on the owner's unit that would jeopardize the soundness or safety of the property, reduce the value of the property, or impair any easement or hereditament unless the consent of all the other unit owners a…

Each unit owner may use the common elements in accordance with the purposes for which they are intended but may not hinder or encroach upon the lawful rights of the other unit owners.

(1) The necessary work of maintenance, repair, and replacement of the common elements and additions or improvements to the common elements shall be carried out only as provided in the bylaws. (2) The association of unit owners shall have the right, to be exercised by the manager,…

A unit owner may not be exempted from liability for the owner's contribution towards the common expenses by waiver of the use or enjoyment of any of the common elements or by abandonment of the owner's unit.

Except as provided in 70-1-522, each unit owner shall comply with the bylaws and with the rules adopted pursuant to the bylaws and with the covenants, conditions, and restrictions in the declaration or in the deed to the owner's unit. Failure to comply with the bylaws, rules, cov…

An association of unit owners shall abide by the provisions of 70-17-901.

Except as provided in 70-1-522, the deed or lease of a unit must contain: (1) a description of the land, the name of the property, and the recording index numbers and date of recording of the declaration; (2) the unit designation of the unit; (3) the use for which the unit is int…

At the time of the first conveyance or lease of each unit following the recording of the declaration, every mortgage and other lien affecting such unit, including the undivided interest of the unit in the common elements, shall be paid and satisfied of record or the unit being co…

Subsequent to recording a declaration and while the property remains subject to this chapter, no lien shall arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the undivided interest in the comm…

Labor performed or materials furnished with the consent or at the request of a unit owner or the owner's agent, contractor, or subcontractor may not be the basis for the filing of a construction lien against the unit of any other unit owner not consenting to or requesting the lab…

If a lien becomes effective against two or more units, the owner of each unit subject to the lien has the right to have the owner's unit released from the lien by payment of the amount of the lien attributable to the owner's unit. The amount of the lien attributable to a unit and…

(1) The manager shall keep detailed accurate records in chronological order of the receipts and expenditures affecting the common elements, itemizing the maintenance and repair expenses of the common elements and any other expenses incurred. (2) Such records and the vouchers auth…

(1) Whenever an association of unit owners acting through its manager furnishes to a unit any services, labor, or material lawfully chargeable as common expenses, the association of unit owners, upon complying with subsection (2) of this section, shall have a lien upon the indivi…

(1) The proceedings to foreclose liens created by 70-23-607 shall conform as nearly as possible to the proceedings to foreclose liens created by Title 71, chapter 3, part 5. The lien may be enforced by the manager acting on behalf of the association of unit owners. (2) An action …

(1) In any foreclosure suit against a unit, the unit owner shall be required to pay a reasonable rental for the unit if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the rent. (2) The manager acting …

When the purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage or trust indenture, the purchaser and the purchaser's successors and assigns are not liable for any of the common expenses chargeable to the unit that became due prior to the a…

In a voluntary conveyance of a unit, the grantee is jointly and severally liable with the grantor for all unpaid charges against the grantor for the grantor's proportionate share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's …

(1) The manager as trustee for the unit owners shall, if required by the declaration, by the bylaws, or by a majority of the unit owners, insure the building against loss or damage by fire and other hazards as required, without prejudice to the right of each unit owner to insure …

(1) Whenever a person, corporation, or other legal entity constitutes a majority of the unit owners, the seller or the sellers's agent, prior to signing any buy-sell agreement, shall give to any person purchasing or expressing a desire to purchase one of the project units notice …

All of the unit owners may remove a property from the provisions of this chapter by executing and recording an instrument to that effect if the holders of all liens affecting any of the units consent thereto or agree, in either case by instruments duly recorded, that their liens …

Ninety percent of the unit owners may agree that the property is obsolete in whole or in part and whether or not it shall be renewed and restored or sold and the proceeds of sale distributed. If 90% of the unit owners agree to renew and restore the property, the expense thereof s…

If within 60 days after the date of the damage to or destruction of all or part of the property the association of unit owners does not decide to repair, reconstruct, or rebuild, the property shall be considered removed from the provisions of this chapter.

If the property is removed from the provisions of this chapter, as provided by 70-23-801 through 70-23-803, the property shall be considered owned in common by all the unit owners. The percentage of undivided interest of each unit owner in the property owned in common shall be th…

If the property is removed from the provisions of this chapter, as provided in 70-23-801 through 70-23-803, it shall be subject to an action for partition at the suit of any unit owner. The net proceeds of sale, together with the net proceeds of the insurance on the property, if …

The removal of the property from the provisions of this chapter shall in no way bar its resubmission.

(1) Actions may be brought on behalf of two or more of the unit owners, as their respective interests may appear, by the manager with respect to any cause of action relating to the common elements or more than one unit. (2) Service of process on two or more unit owners, in any ac…

If the association of unit owners wishes to designate a person other than the one named in the declaration to receive service of process in the cases provided in 70-23-901, it shall record an amendment to the declaration. The amendment must be certified by the presiding officer a…