Title 57, Title 57: Real Estate

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

57-8-55. Consolidation of multiple associations of unit owners. (1) Two or more associations of unit owners may be consolidated into a single association of unit owners as provided in, and this section. Title 16, Chapter 6a, Part 11, Merger (2) Unless the declaration, articles, o…

57-8-55. Consolidation of multiple associations of unit owners. (1) Two or more associations of unit owners may be consolidated into a single association of unit owners as provided in Title 16, Chapter 1a, Part 7, Merger, and this section. (2) Unless the declaration, articles, or…

57-8-56. Association of unit owners' right to pay delinquent utilities. (1) Upon request in accordance with Subsection, 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 corpor…

57-8-57. Management committee meetings -- Open meetings. (1) Except for an action taken without a meeting in accordance with Section, a management committee may take action only at a management committee meeting. 16-6a-813 (2) At least 48 hours before a management committee meeti…

57-8-58. Liability of declarant or management committee -- Period of declarant control. (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 t…

57-8-59. Management committee. (1) A member of the management committee shall be: a natural person; and 18 years old or older. (2) An association's bylaws may prescribe other qualifications for members of the management committee in addition to the requirements described in Subse…

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 th…

57-8-6.1. Information required before sale to independent third party. (1) Before the sale of a 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 …

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

57-8-6.7. Approval of plans. (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; and that are required to be approved by the …

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

57-8-7. Common areas and facilities. (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"…

57-8-7.2. Scope -- Designation of certain areas. (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. (2) The following are part of a unit: lath; furring; wallboard; pla…

57-8-7.5. Reserve analysis -- Reserve fund. (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 …

57-8-7.6. Budget. (1) At least once annually a management committee shall prepare and adopt a budget for the association. (2) The management committee shall present the adopted budget to association members at a meeting of the members. (3) A budget is disapproved if within 45 day…

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 fort…

57-8-8.1. Equal treatment by rules required -- Limits on rules. (1) Except as provided in Subsection, a rule shall treat similarly situated unit owners similarly. (1)(b) A rule may: vary according to the level and type of service that the association of unit owners provides to un…

57-8-8.2. Electric vehicle charging systems -- Restrictions -- Responsibilities. (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 elec…

57-8-8.2. Electric vehicle charging systems -- Restrictions -- Responsibilities. (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 elec…

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…

57-8a-101. Title. This chapter is known as the "Community Association Act."

57-8a-102. Definitions. As used in this chapter: (1) "Assessment" means a charge imposed or levied: by the association; on or against a lot or a lot owner; and in accordance with a governing document recorded with the county recorder. "Assessment" includes: a common expense; and …

57-8a-103. Scope of chapter -- Applicability of chapter. (1) Remedies provided in this chapter, by law, or in equity are not mutually exclusive. (2) This chapter applies to an association if: the association's declaration states that this chapter applies; or if the association's …

57-8a-104. 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 lot owner…

57-8a-105. Registration with Department of Commerce. (1) As used in this section: "Department" means the Department of Commerce created in Section. 13-1-2 "Office" means the Office of the Homeowners' Association Ombudsman created in Section. 13-79-102 (2) No later than 90 days af…

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 copy of the association's recorded governing …

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: the amendmen…

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 declaration …

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

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

57-8a-206. Written statement of unpaid assessment. (1) 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: the written request of any unit owner; and payment of a reasonable fee not…

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) Before assessing a fine under Subsection, the board shall give the lot owner a written warning that:…

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

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, the security holder's consent is presumed if: (4) …

57-8a-211. Reserve analysis -- Reserve fund. (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…

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

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) 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: whethe…

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

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) 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 as…

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) Subject to Subsection, a board may adopt, amend, modify, cancel, limit, create exceptions to, or expand the …

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

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…