Title 57, Title 57: Real Estate

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

57-8-13.2. Conversion of convertible land -- Amendment to declaration -- Limitations. (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 decla…

57-8-13.4. Conversion of convertible space -- Amendment to declaration -- Limitations. (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, sub…

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, together with an amendment …

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, exec…

57-8-14. Legal description of units. (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. (2) Each description under Subsectionshall be considered: (1…

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 declara…

57-8-16. Contents of bylaws. The bylaws may provide for the following: (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; an…

57-8-16.5. Period of administrative control -- Renewal or ratification of contracts -- Failure to establish association or committee -- Declarant responsibilities. (1) The declaration may authorize the declarant, a managing agent, or a person that the declarant selects, to: appoi…

57-8-17. Records -- Availability for examination. (1) Subject to Subsectionand regardless of whether the association of unit owners is incorporated under, an association of unit owners shall keep and make available to unit owners: (1)(b) Title 16, Chapter 6a, Utah Revised Nonprof…

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 f…

57-8-19. Liens against units -- Removal from lien -- Effect of part payment. (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 p…

57-8-2. Applicability of chapter. (1) This chapter applies to an association if: the association's declaration states that this chapter applies; or if the association's declaration does not state whether this chapter applies, the plats of the association are designated as condomi…

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 th…

57-8-22. Removal of property from statutory provisions. (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 instrument…

57-8-23. Removal no bar to subsequent resubmission. The removal provided for in Sectiondoes 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. (1) A unit is created by the recording of the declaration and a condominium plat that describes the unit. (2) An association of unit owners shall, according to each unit owner's respective …

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 expe…

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 …

57-8-27. Separate taxation. (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 ser…

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 declarat…

57-8-3. Definitions. As used in this chapter: (1) "Assessment" means any charge that the association imposes, including: common expenses on or against a unit owner in accordance with the provisions of the declaration, bylaws, or this chapter; and an amount that an association of …

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, me…

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 promptl…

57-8-32. Sale of property and common areas and facilities. (1) As used in this section: "Condemnor" means the same as that term is defined in Section. 78B-6-520.3 "Under threat of condemnation" means the same as that term is defined in Section. 78B-6-520.3 (2) Subject to Subsecti…

57-8-32.5. Property taken by eminent domain -- Allocation of award -- Reallocation of interests. (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 in…

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…

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

57-8-35. Effect of other laws -- Compliance with ordinances and codes -- Approval of projects by municipality or county. (1) The provisions of this chapter shall be in addition and supplemental to all other provisions of law, statutory or judicially declared, provided that wherev…

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 ri…

57-8-37. Fines. (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. (2) Before assessing a fine under Subsection, the management committee shall…

57-8-38. Arbitration. The declaration, bylaws, or association rules may provide that disputes between the parties shall be submitted to arbitration pursuant to.

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

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…

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

57-8-40. Organization of an association of unit owners under other law -- 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 en…

57-8-41. 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 of unit owners or management committee, then, subject to Subsection, the security …

57-8-42. Fair and reasonable notice. (1) Notice that an association of unit owners provides by a method allowed under, constitutes fair and reasonable notice, whether or not the association of unit owners is a nonprofit corporation. Title 16, Chapter 6a, Utah Revised Nonprofit Co…

57-8-43. Insurance. (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. (2) This section applies to an insurance policy or combination of insurance …

57-8-44. Lien in favor of association of unit owners for assessments and costs of collection. (1) Except as provided in Section, an association of unit owners has a lien on a unit for: 57-8-13.1 an assessment; except as provided in the declaration, fees, charges, and costs associ…

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

57-8-46. Notice of nonjudicial foreclosure -- Limitations on nonjudicial foreclosure. (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, the a…

57-8-47. Provisions applicable to nonjudicial foreclosure. (1) An association of unit owners' nonjudicial foreclosure of a unit is governed by: Sectionsthrough, to the same extent as though the association of unit owners' lien were a trust deed; and 57-1-19 57-1-34 this chapter. …

57-8-48. One-action rule not applicable -- Abandonment of enforcement proceedings. (1) Subsectiondoes not apply to an association of unit owners' judicial or nonjudicial foreclosure of a unit under this part. 78B-6-901(1) (2) An association of unit owners may abandon a judicial f…

57-8-49. Costs and attorney fees in lien enforcement action. (1) A court entering a judgment or decree in a judicial action brought under Sectionsthroughshall award the prevailing party its costs and reasonable attorney fees incurred before the judgment or decree and, if the asso…

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.