Title 57, Real Estate

57-8a-105. Registration with Department of Commerce. (1) As used in this section: (a) "Department" means the Department of Commerce created in Section 13-1-2. (b) "Office" means the Office of the Homeowners' Association Ombudsman created in Section 13-79-102. (2)(a) No later than…

57-8a-105.1. Information required before sale to independent third party. (1) Before the sale of a lot under the jurisdiction of an association to an independent third party, the grantor shall provide to the independent third party: (a) a copy of the association's recorded govern…

57-8a-106. Fee for providing payoff information needed at closing. (1) Unless specifically authorized in the declaration of covenants, conditions, and restrictions, the bylaws, or the rules, an association may not charge a fee for providing association payoff information needed i…

57-8a-107. Amending the declaration to make provisions of this chapter applicable. (1) An association may amend the declaration to make applicable to the association a provision of this chapter that is enacted after the creation of the association, by complying with: (a) the amen…

57-8a-108. Rules against perpetuities and unreasonable restraints -- Insubstantial failure to comply. (1) The rule against perpetuities and the rule against unreasonable restraints on alienation of real estate may not defeat a provision of a governing document. (2)(a) A declarati…

57-8a-109. Approval of plans. (1) As used in this section: (a) "Fire-resistant material" means a material designed and tested to resist ignition, slow the spread of fire, or withstand high temperatures, including: (i) Class A roofing; (ii) non-combustible siding; (iii) a fiber ce…

57-8a-201. Payment of a common expense or assessment -- Late fees. (1) An owner shall pay the owner's proportionate share of: (a) the common expenses; and (b) any other assessments levied by the association. (2) A payment described in Subsection (1) shall be in the amount and at …

57-8a-206. Written statement of unpaid assessment. (1)(a) The manager or board of directors shall issue a written statement indicating any unpaid assessment with respect to a lot covered by the request, upon: (i) the written request of any unit owner; and (ii) payment of a reason…

57-8a-208. Fines. (1) A board may assess a fine against a lot owner for a violation of the association's governing documents in accordance with the provisions of this section. (2)(a) Before assessing a fine under Subsection (1), the board shall give the lot owner a written warnin…

57-8a-209. Rental restrictions. (1)(a) Subject to Subsections (1)(b), (5), (6), and (10), an association may: (i) create restrictions on the number and term of rentals in an association; or (ii) prohibit rentals in the association. (b) Except as provided in Subsection (1)(c), an …

57-8a-210. Lender approval -- Declaration amendments and association action. (1) If a security holder's consent is a condition for amending a declaration or bylaw, or for an action of the association, then, subject to Subsection (4), the security holder's consent is presumed if: …

57-8a-211. Reserve analysis -- Reserve fund. (1) As used in this section: (a) "Reserve analysis" means an analysis to determine: (i) the need for a reserve fund to accumulate reserve funds; and (ii) the appropriate amount of any reserve fund. (b) "Reserve fund line item" means th…

57-8a-212. Content of a declaration. (1) An initial declaration shall contain: (a) the name of the project; (b) the name of the association; (c) a statement that the project is not a cooperative; (d) a statement indicating any portions of the project that contain condominiums gov…

57-8a-212.5. Compliance with governing documents. Subject to reasonable compliance therewith by the board, each lot owner shall reasonably comply with the governing documents, as the governing documents may be lawfully amended from time to time, and failure to comply shall be gro…

57-8a-213. Board action to enforce governing documents -- Parameters. (1)(a) The board shall use its reasonable judgment to determine whether to exercise the association's powers to impose sanctions or pursue legal action for a violation of the governing documents, including: (i)…

57-8a-214. Fair and reasonable notice. (1) Notice that an association provides by a method allowed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, constitutes fair and reasonable notice, regardless of whether or not the association is a nonprofit corporation. …

57-8a-215. Budget. (1) At least once annually the board shall prepare and adopt a budget for the association. (2) The board shall present the adopted budget to association members at a meeting of the members. (3) A budget is disapproved if within 45 days after the date of the mee…

57-8a-216. Association bylaws -- Recording required -- Bylaw requirements. (1)(a) No later than the date of the first lot sale, an association shall file its bylaws for recording in the office of the recorder of each county in which any part of the real estate included within the…

57-8a-217. Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval. (1)(a) Subject to Subsection (1)(b), a board may adopt, amend, modify, cancel, limit, create exceptions to, or e…

57-8a-218. Equal treatment by rules required -- Limits on association rules and design criteria. (1)(a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated lot owners similarly. (b) A rule may: (i) vary according to the level and type of service that th…

57-8a-219. Display of the flag. (1) An association may not prohibit a lot owner from displaying a United States flag inside a dwelling or limited common area or on a lot, if the display complies with United States Code, Title 4, Chapter 1, The Flag. (2) An association may restric…

57-8a-220. Creditor approval may be required for lot owner or association action under declaration -- Creditor approval presumed in certain circumstances -- Notice to creditor or creditor's successor. (1)(a) Subject to Subsection (1)(b), a declaration may: (i) condition the effec…

57-8a-221. Reincorporation of terminated or dissolved association. (1) An association that is terminated or dissolved without possibility of reinstatement under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, may be reincorporated by the acting directors of the asso…

57-8a-222. Removing or altering partition or creating aperture between dwelling units on adjoining lots. (1) Subject to the declaration, a lot owner may, after acquiring an adjoining lot with a dwelling unit that shares a common wall with a dwelling unit on the lot owner's lot: (…

57-8a-223. Eminent domain -- Common area. Unless the declaration provides otherwise: (1) if part of the common area is taken by eminent domain: (a) the entity taking part of the common area shall pay to the association the portion of the compensation awarded for the taking that i…

57-8a-224. Responsibility for the maintenance, repair, and replacement of common areas and lots. (1) As used in this section: (a) "Emergency repair" means a repair that, if not made in a timely manner, will likely result in immediate and substantial damage to a common area or to …

57-8a-225. Association's right to pay delinquent utilities. (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 lot, the electrical corporation or gas corporation sha…

57-8a-226. Board meetings -- Open board meetings. (1) Except for an action taken without a meeting in accordance with Section 16-6a-813, a board may take action only at a board meeting. (2)(a) At least 48 hours before a board meeting, the association shall give written notice of …

57-8a-227. Records -- Availability for examination. (1)(a) Subject to Subsection (1)(b) and regardless of whether the association is incorporated under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, an association shall keep and make available to lot owners: (i) ea…

57-8a-228. Organization of an association -- Governing document hierarchy -- Reorganization. (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 board or t…

57-8a-229. Liability of declarant or board of directors -- Period of administrative control. (1) An association may not, after the period of administrative control, bring a legal action against a declarant, a board of directors, or an employee, an independent contractor, or the a…

57-8a-230. Administration of funds. An association: (1) shall keep all of the association's funds in an account in the name of the association; and (2) may not commingle the association's funds with the funds of any other person.

57-8a-231. Water wise landscaping. (1) As used in this section: (a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses. (b) "Mulch" means material such as rock, bark, wood chips, or other materials left loose and applied to the soil. (c) "Overhead…

57-8a-232. Sale of common areas. (1) As used in this section: (a) "Condemnor" means the same as that term is defined in Section 78B-6-520.3. (b) "Under threat of condemnation" means the same as that term is defined in Section 78B-6-520.3. (2) Subject to Subsection 10-20-809(5) or…

57-8a-301. Lien in favor of association for assessments and costs of collection. (1)(a) Except as provided in Section 57-8a-105, an association has a lien on a lot for: (i) an assessment; (ii) except as provided in the declaration, fees, charges, and costs associated with collect…

57-8a-302. Enforcement of a lien. (1)(a) Except as provided in Section 57-8a-105, to enforce a lien established under Section 57-8a-301, an association may: (i) cause a lot to be sold through nonjudicial foreclosure as though the lien were a deed of trust, in the manner provided …

57-8a-303. Notice of nonjudicial foreclosure -- Limitations on nonjudicial foreclosure. (1) At least 30 calendar days before the day on which an association initiates a nonjudicial foreclosure by filing for record a notice of default in accordance with Section 57-1-24, the associ…

57-8a-304. Provisions applicable to nonjudicial foreclosure. (1) An association's nonjudicial foreclosure of a lot is governed by: (a) Sections 57-1-19 through 57-1-34, to the same extent as though the association's lien were a trust deed; and (b) this part. (2) If there is a con…

57-8a-305. One-action rule not applicable -- Abandonment of enforcement proceeding. (1) Subsection 78B-6-901(1) does not apply to an association's judicial or nonjudicial foreclosure of a lot under this part. (2) An association may abandon a judicial foreclosure, nonjudicial fore…

57-8a-306. Costs and attorney fees in lien enforcement action. (1) A court entering a judgment or decree in a judicial action brought under this part shall award the prevailing party its costs and reasonable attorney fees incurred before the judgment or decree and, if the associa…

57-8a-307. Action to recover unpaid assessment. An association 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-…

57-8a-308. Appointment of receiver. In an action by an association to collect an assessment or to foreclose a lien for an unpaid assessment, a court may: (1) appoint a receiver, in accordance with Section 7-2-9, to collect and hold money alleged to be due and owing to a lot owner…

57-8a-309. Termination of a delinquent owner's rights -- Notice -- Informal hearing. (1) As used in this section, "delinquent lot owner" means a lot owner who fails to pay an assessment when due. (2) A board may, if authorized in the declaration, bylaws, or rules and as provided …

57-8a-310. Requiring tenant in residential lot to pay rent to association if owner fails to pay assessment. (1) As used in this section: (a) "Amount owing" means the total of: (i) any assessment or obligation under Section 57-8a-301 that is due and owing; and (ii) any applicable …

57-8a-311. Statement from association's manager or board of unpaid assessment. (1) An association's manager or board shall issue a written statement indicating any unpaid assessment with respect to a lot owner's lot upon: (a) a written request by the lot owner; and (b) payment of…

57-8a-401. Definition. As used in this part, "reasonably available" means available using typical insurance carriers and markets, irrespective of the ability of the association to pay.