Utah Code § 57-8-33 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-33
§ 57-8-33. Actions.
Status: in_force

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.
Utah Code § 57-19-1 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-1
§ 57-19-1. Short title.
Status: in_force

This chapter is known and may be cited as the "Timeshare and Camp Resort Act."
Utah Code § 57-22-4.1 — Utah Code / Title 57 / Chapter 57-22 / § 57-22-4.1
§ 57-22-4.1. Failure to deliver possession of residential rental unit -- Renter's option to terminate rental agreement -- Abatement of rent.
Status: in_force

(1) If an owner fails to deliver possession of a residential rental unit on the date provided in the rental agreement: (a) the renter may, by written notice to the owner, terminate the rental agreement; or (b) if the renter chooses not to terminate the rental agreement, rent abates until the owner delivers possession as provided in the rental agreement. (2) If a renter terminates a rental agreement under Subsection (1)(a), the owner shall, as promptly as reasonable, return to the renter all prepaid rent and any security deposit.
Utah Code § 57-8a-703 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-703
§ 57-8a-703. Applicability.
Status: in_force

(1) Except as provided in Subsection (2), this part applies to a declaration or official association action regardless of when the declaration was recorded or the official association action was taken. (2) This part does not apply to an express prohibition or an express restriction on a lot owner's installation of a solar energy system: (a) described in a declaration recorded before January 1, 2017; or (b) created by official association action taken before January 1, 2017. (3) This part does not apply during the period of administrative control.
Utah Code § 57-8-12 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-12
§ 57-8-12. Recording.
Status: in_force

(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. (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.
Utah Code § 57-8-42 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-42
§ 57-8-42. Fair and reasonable notice.
Status: in_force

(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. (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: (a) the method is authorized in the declaration, articles, bylaws, or rules; and (b) considering all the circumstances, the notice is fair and reasonable. (3) (a) 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. (b) 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.
Utah Code § 57-19-5 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-5
§ 57-19-5. Registration -- Filing application.
Status: in_force

(1) A person may apply for registration of a development by filing with the division: (a) an application in the form prescribed by the director; (b) the written disclosure described in Section 57-19-11; and (c) financial statements and other information that the director may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, require as being reasonably necessary to determine whether the requirements of this chapter have been met and whether any of the events specified in Subsection 57-19-13(2)(g) have occurred. (2) An interest in a development that is encumbered by a lien, mortgage, or other encumbrance may not be accepted for registration or offered to the public unless: (a) adequate release or nondisturbance clauses are contained in the encumbering instruments to reasonably assure that the purchaser's interest in the development will not be defeated; or (b) the division accepts other equivalent assurances that, in the division's opinion, meet the purposes of this Subsection (2). (3) (a) A person who applies for a development registration shall include with the application a filing fee of $500 for up to 100 interests, plus an additional $3 per interest for each interest over 100, up to a maximum of $2,500 for each application. (b) If the division determines that an on-site inspection of the development is necessary, the development shall pay the division the actual amount of the costs and expenses incurred by the division in performing the on-site inspection. (4) A person may add an additional site or interest to an approved development registration by: (a) filing an application for consolidation accompanied by an additional fee of $200 plus $3 for each additional interest, up to a maximum of $1,250 for each application; and (b) providing the information required under Subsection (1) for each additional site or interest.
Utah Code § 57-8-50 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-50
§ 57-8-50. Action to recover unpaid assessment.
Status: in_force

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.
Utah Code § 57-10-1 — Utah Code / Title 57 / Chapter 57-10 / § 57-10-1
§ 57-10-1. Plane coordinate systems designated.
Status: in_force

(1) As used in this chapter: (a) "FGCC" means the Federal Geodetic Control Committee of the United States Department of Commerce. (b) "NGS" means the National Oceanic and Atmospheric Administration's National Geodetic Survey. (2) (a) For purposes of defining and stating the geographic position or location of points on the surface of the earth within the state, the state adopts the plane coordinate systems that the NGS establishes. (b) The systems described in (2)(a) are known as the "Utah Plane Coordinate System." (3) The state adopts the 2022 State Plane Coordinate System for use within the state. (4) References in existing records to the Utah Coordinate System of 1927, or the Utah Coordinate System of 1983, remain valid.
Utah Code § 57-8a-402 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-402
§ 57-8a-402. Applicability of part.
Status: in_force

(1) This part applies to an insurance policy or combination of insurance policies: (a) issued or renewed on or after July 1, 2011; and (b) issued to or renewed by: (i) a lot owner; or (ii) an association, regardless of when the association is formed. (2) Unless otherwise provided in the declaration, this part does not apply to a project if all of the project's lots are restricted to entirely nonresidential use. (3) Subject to Subsection (4), this part does not apply to a project if: (a) the initial declaration for the project is recorded before January 1, 2012; (b) the project includes attached dwellings; and (c) the declaration requires each lot owner to insure the lot owner's dwelling. (4) (a) An association to which this part does not apply under Subsection (3) may amend the declaration, as provided in the declaration and applicable law, to subject the association to this part. (b) During the period of administrative control, an amendment under Subsection (4)(a) requires the consent of the declarant.
Utah Code § 57-29-302 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-302
§ 57-29-302. Rulemaking.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this chapter, the commission, with concurrence by the division, may make rules governing: (1) the form of the disclosures required under this chapter; and (2) enforcement of the provisions of this chapter.
Utah Code § 57-8-2 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-2
§ 57-8-2. Applicability of chapter.
Status: in_force

(1) This chapter applies to an association if: (a) the association's declaration states that this chapter applies; or (b) if the association's declaration does not state whether this chapter applies, the plats of the association are designated as condominium plats. (2) This section applies regardless of when an association is created.
Utah Code § 57-1-27 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-27
§ 57-1-27. Sale of trust property by public auction -- Postponement of sale.
Status: in_force

(1) (a) On the date and at the time and place designated in the notice of sale, the trustee or the attorney for the trustee shall sell the property at public auction to the highest bidder. (b) The trustee, or the attorney for the trustee, shall conduct the sale and act as the auctioneer. (c) The trustor, or the trustor's successor in interest, if present at the sale, may direct the order in which the trust property shall be sold, if the property consists of several known lots or parcels which can be sold separately. (d) The trustee or attorney for the trustee shall follow the trustor's directions described in Subsection (1)(c). (e) Any person, including the beneficiary or trustee, may bid at the sale. (f) The trustee may bid for the beneficiary. (g) A bid is considered an irrevocable offer. (h) The trustee may, in the trustee's discretion, require a successful bidder to make a deposit in an amount set forth in the notice of trustee's sale described in Section 57-1-25. (i) If the highest bidder refuses to pay the amount bid by the highest bidder for the property, the trustee, or the attorney for the trustee, shall either: (i) renotice the sale in the same manner as notice of the original sale is required to be given; or (ii) sell the property to the next highest bidder. (j) If a bidder refuses to pay the bid price: (i) the bidder is liable for any loss occasioned by the refusal, including interest, costs, and trustee's and reasonable attorney fees; (ii) the trustee or the attorney for the trustee may, after the bidder's refusal, reject any other bid of that person for the property; (iii) the bidder forfeits the bidder's deposit; and (iv) the bidder's deposit is treated as additional sale proceeds applied in accordance with Section 57-1-29. (2) (a) The person conducting the sale may, for any cause that the person considers expedient, postpone the sale. (b) The person conducting the sale shall give notice of each postponement by public declaration at the time and place last appointed for the sale. (c) No notice of the postponed sale in addition to the notice described in Subsection (2)(b) is required, unless the postponement is for longer than 45 days after the date designated in the original notice of sale. (d) If the person conducting the sale postpones a sale for longer than the time period described in Subsection (2)(c), the person conducting the sale shall renotice the sale in the same manner required for the original notice of sale.
Utah Code § 57-28-203 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-203
§ 57-28-203. Disclosures to borrower.
Status: in_force

A lender shall give a prospective borrower or a borrower the following written disclosures: (1) at the time the lender provides an application for a reverse mortgage to a prospective borrower: (a) a disclosure that explains any adjustable interest rate feature of the reverse mortgage, including: (i) the circumstances under which the interest rate may increase; (ii) any limitation on the amount that the interest rate may increase; and (iii) the effect of an increase in the interest rate; and (b) a list of at least five independent housing counselors that includes each independent housing counselor's name, address, and telephone number; (2) at least 10 days before the day on which a reverse mortgage closes, a disclosure that describes: (a) that the prospective borrower's liability under the reverse mortgage is limited; (b) the prospective borrower's rights, obligations, and remedies that relate to: (i) temporary absences, late payments, and payment default by the lender; and (ii) each condition that requires satisfaction of the reverse mortgage; and (c) the projected total cost of the reverse mortgage to the prospective borrower, based on the projected total future loan balance; (3) on an annual basis, on or before January 31 of each year, a statement that summarizes: (a) the total principal amount paid to the borrower under the reverse mortgage; (b) the total amount of deferred interest added to the principal; and (c) the outstanding loan balance at the end of the preceding year; and (4) if applicable, at least 25 days before the day on which the lender adjusts the interest rate on a reverse mortgage, a disclosure that states: (a) the current index amount; (b) the publication date of the index; and (c) the new interest rate.
Utah Code § 57-8-35 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-35
§ 57-8-35. Effect of other laws -- Compliance with ordinances and codes -- Approval of projects by municipality or county.
Status: in_force

(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: (a) 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; and (b) those units, if any, included in the condominium project or portion thereof concerned which are not contained in existing or proposed buildings. (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. (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. (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) a preliminary approval, which, among other things, will then authorize the developer of the condominium project to proceed with the project; and (b) a 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.
Utah Code § 57-8-18 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-18
§ 57-8-18. Blanket mortgages and other blanket liens affecting unit at time of first conveyance.
Status: in_force

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.
Utah Code § 57-21-11 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-11
§ 57-21-11. Relief granted -- Civil penalties -- Enforcement of final order.
Status: in_force

(1) Under Sections 57-21-9 and 57-21-10, if the director, presiding officer, commissioner, Appeals Board, or court finds reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur, the director, presiding officer, commissioner, Appeals Board, or court may order, as considered appropriate: (a) the respondent to cease any discriminatory housing practice; (b) actual damages, reasonable attorneys' fees and costs to the aggrieved person; and (c) any permanent or temporary injunction, temporary restraining order, or other appropriate order. (2) In addition to the relief granted to an aggrieved person under Subsection (1), in order to vindicate the public interest, the director, presiding officer, or court may also assess civil penalties against the respondent in an amount not exceeding: (a) $10,000 if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (b) $25,000 if the respondent has been adjudged to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or (c) $50,000 if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of this complaint. (3) The time periods in Subsections (2)(b) and (c) may be disregarded if the acts constituting the discriminatory housing practice are committed by the same natural person who has previously been adjudged to have committed a discriminatory housing practice. (4) The division may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for: (a) the enforcement of a final department order; and (b) for any appropriate temporary relief or restraining order necessary for the enforcement of a final commission order.
Utah Code § 57-12-11 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-11
§ 57-12-11. Payments not income or resources for welfare or tax purposes.
Status: in_force

No payment received by a displaced person under this act shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of the state's individual income tax, corporation franchise tax, or other tax laws. These payments shall not be considered as income or resources of any recipient of public assistance, and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
Utah Code § 57-28-204 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-204
§ 57-28-204. Independent counseling.
Status: in_force

(1) As used in this section: (a) "Federally insured loan borrower" means a borrower described in Subsection 57-28-202(1)(a). (b) "Non-federally insured loan borrower" means a borrower described in Subsection 57-28-202(1)(b). (2) A prospective borrower shall meet with an independent housing counselor: (a) for a federally-insured loan borrower, before the Federal Housing Administration assigns a case number to the borrower's loan; and (b) for a non-federally insured loan borrower, before the prospective borrower signs a reverse mortgage application. (3) During the meeting described in Subsection (2): (a) the prospective borrower and the independent housing counselor shall discuss the financial impacts of a reverse mortgage, including: (i) options other than a reverse mortgage that are or may become available to the prospective borrower; (ii) other home equity conversion options that are or may become available to the prospective borrower, including sale-leaseback financing, a deferred payment loan, and a property tax deferral; and (iii) the financial implications, specific to the prospective borrower, of entering into a reverse mortgage; and (b) the independent housing counselor shall give the prospective borrower a written disclosure that states that a reverse mortgage may: (i) have tax consequences; (ii) affect the prospective borrower's eligibility for assistance under certain state and federal programs; and (iii) impact the prospective borrower's estate and heirs.
Utah Code § 57-19-3 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-3
§ 57-19-3. Rules.
Status: in_force

The director may make, amend, and repeal rules, forms, and orders when necessary to carry out the provisions of this chapter.
Utah Code § 57-18-7 — Utah Code / Title 57 / Chapter 57-18 / § 57-18-7
§ 57-18-7. Conservation easement not obtained through eminent domain -- Conservation easement may not interfere with eminent domain.
Status: in_force

(1) No conservation easement, or right-of-way or access to a conservation easement may be obtained through the use of eminent domain. (2) The existence of a conservation easement may not defeat or interfere with the otherwise proper exercise of eminent domain under Title 78B, Chapter 6, Part 5, Eminent Domain.
Utah Code § 57-9-2 — Utah Code / Title 57 / Chapter 57-9 / § 57-9-2
§ 57-9-2. Rights and interests to which marketable record title is subject.
Status: in_force

The marketable record title is subject to: (1) all interests and defects which are inherent in the muniments of which such chain of record title is formed, except that a general reference in the muniments or any of them, to easements, use restrictions, or other interests created prior to the root of title is not sufficient to preserve them, unless specific identification is made therein of a recorded title transaction which creates the easement, use restriction, or other interest; (2) all interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of 40 years or more, in accordance with Section 57-9-4; (3) the rights of any person arising from prescriptive use or a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title; (4) any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record is started, except that the recording does not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of Section 57-9-3; and (5) the exceptions stated in Section 57-9-6 as to rights of reversioners in leases, as to apparent easements and interests in the nature of easements, as to the right, title, or interests of the state in school or institutional trust lands or sovereign lands, and as to interests of the United States.
Utah Code § 57-16-17 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-17
§ 57-16-17. Authority of political subdivisions.
Status: in_force

This chapter does not prevent a city, county, or municipality from mediating and enforcing state statutes governing a mobile home park.
Utah Code § 57-1-37 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-37
§ 57-1-37. Failure to disclose not a basis for liability.
Status: in_force

(1) The failure of an owner of real property to disclose that the property being offered for sale is stigmatized is not a material fact that must be disclosed in the transaction of real property. (2) Neither an owner nor the owner's agent is liable for failing to disclose that the property is stigmatized.
Utah Code § 57-8a-209 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-209
§ 57-8a-209. Rental restrictions.
Status: in_force

(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 association that creates a rental restriction or prohibition in accordance with Subsection (1)(a) shall create the rental restriction or prohibition in a recorded declaration of covenants, conditions, and restrictions, or by amending the recorded declaration of covenants, conditions, and restrictions. (c) An association may establish, by rule, a minimum lease term of six months or less. (2) If an association prohibits or imposes a restriction on the number and term of rentals or charges a fee described in Subsection (9)(c), the association shall: (a) exempt the following from the prohibition, restriction, or fee: (i) a lot owner in the military for the period of the lot owner's deployment; (ii) a lot occupied by a lot owner's parent, child, or sibling; (iii) a lot owner whose employer has relocated the lot owner for two years or less; (iv) a lot owned by an entity that is occupied by an individual who: (A) has voting rights under the entity's organizing documents; and (B) has a 25% or greater share of ownership, control, and right to profits and losses of the entity; or (v) a lot owned by a trust or other entity created for estate planning purposes if the trust or other estate planning entity was created for: (A) the estate of a current resident of the lot; or (B) the parent, child, or sibling of the current resident of the lot; (b) allow a lot owner who has a rental in the association before the time the rental restriction described in Subsection (1) becomes effective to continue renting without a fee described in Subsection (9)(c) until: (i) the lot owner occupies the lot; (ii) 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 lot, occupies the lot; or (iii) the lot is transferred; and (c) create, by rule or resolution, procedures to: (i) determine and track the number of rentals and lots in the association subject to the provisions described in Subsections (2)(a) and (b); and (ii) ensure consistent administration and enforcement of any rental prohibition, restriction, or fee. (3) For purposes of Subsection (2)(b)(iii), a transfer occurs when one or more of the following occur: (a) the conveyance, sale, or other transfer of a lot by deed; (b) the granting of a life estate in the lot; or (c) if the lot 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. (4) This section does not limit or affect residency age requirements for an association that complies with the requirements of the Housing for Older Persons Act, 42 U.S.C. Sec. 3607. (5) A declaration of covenants, conditions, and restrictions or amendments to the declaration of covenants, conditions, and restrictions recorded before the transfer of the first lot from the initial declarant may prohibit or restrict rentals without providing for the exceptions, provisions, and procedures required under Subsection (2). (6) (a) Subsections (1) through (5) do not apply to: (i) an association that contains a time period unit as defined in Section 57-8-3; (ii) any other form of timeshare interest as defined in Section 57-19-2; or (iii) subject to Subsection (6)(b), an association that is formed before May 12, 2009, unless, on or after May 12, 2015, the association: (A) adopts a rental restriction or prohibition; or (B) amends an existing rental restriction or prohibition. (b) 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). (7) Notwithstanding this section, an association may restrict or prohibit rentals without an exception described in Subsection (2) if: (a) the restriction or prohibition receives unanimous approval by all lot owners; and (b) when the restriction or prohibition requires an amendment to the association's recorded declaration of covenants, conditions, and restrictions, the association fulfills all other requirements for amending the recorded declaration of covenants, conditions, and restrictions described in the association's governing documents. (8) Except as provided in Subsection (9), an association may not require a lot owner who owns a rental lot to: (a) obtain the association's approval of a prospective renter; (b) give the association: (i) a copy of a rental application; (ii) a copy of a renter's or prospective renter's credit information or credit report; (iii) a copy of a renter's or prospective renter's background check; or (iv) documentation to verify the renter's age; (c) pay an additional assessment, fine, or fee because the lot is a rental lot; (d) use a lease agreement provided by the association; or (e) obtain the association's approval of a lease agreement. (9) (a) A lot owner who owns a rental lot shall give an association the documents described in Subsection (8)(b) if the lot owner is required to provide the documents by court order or as part of discovery under the Utah Rules of Civil Procedure. (b) If an association's declaration of covenants, conditions, and restrictions lawfully prohibits or restricts occupancy of the lots by a certain class of individuals, the association may require a lot owner who owns a rental lot to give the association the information described in Subsection (8)(b), if: (i) the information helps the association determine whether the renter's occupancy of the lot complies with the association's declaration of covenants, conditions, and restrictions; and (ii) the association uses the information to determine whether the renter's occupancy of the lot complies with the association's declaration of covenants, conditions, and restrictions. (c) An association that permits at least 35% of the lots in the association to be rental lots may charge a lot owner who owns a rental lot a fee of up to $200 once every 12 months to defray the association's additional administrative expenses directly related to a lot that is a rental lot, as detailed in a notice described in Subsection (12). (d) An association may require a lot owner who owns a rental lot and the renter of the lot owner's rental lot to sign an addendum to a lease agreement provided by the association. (e) Before an association may charge a fee described in Subsection (9)(c), an association shall: (i) provide notice to each lot owner in the association of a board meeting described in Subsection (9)(e)(ii) 15 days before the day on which the association holds the board meeting; (ii) hold a board meeting to discuss and allow lot members to publicly comment on: (A) the new administrative expenses that the association intends to cover using the funds from the fee; and (B) the circumstances that require the association to impose or increase the fee; and (iii) ensure that during the board meeting described in Subsection (9)(e)(ii), the board approves the fee by a majority vote. (10) Notwithstanding Subsection (1)(a), an association may not restrict or prohibit the rental of an internal accessory dwelling unit, as defined in Section 10-21-101 or 17-80-101, constructed within a lot owner's residential lot, if the internal accessory dwelling unit complies with all applicable: (a) land use ordinances; (b) building codes; (c) health codes; and (d) fire codes. (11) The provisions of Subsections (8) through (10) apply to an association regardless of when the association is created. (12) Within 30 days after the day on which the association imposes a fee described in Subsection (9)(c), an association shall provide to each lot owner impacted by the fee a notice describing: (a) the new administrative expenses that the association intends to cover using the funds from the fee; and (b) the circumstances that require the association to impose or increase the fee. (13) (a) A lot 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: (i) the association fails to provide the notice described in Subsection (12) within 30 days after the day on which the association imposes the fee; or (ii) the notice the association provides to the lot owner does not contain the information required in Subsection (12). (b) If a lot owner contests a fee under this Subsection (13) by submitting a written request, an association of lot owners shall waive the fee if: (i) the association does not provide the notice described in Subsection (12) to the lot owner; or (ii) a notice provided by the association does not contain the information required in Subsection (12). (14) (a) A lot owner of a rental lot may designate, in a written notice to the association, a primary contact individual who is not the lot owner with whom the association may communicate as though the primary contact individual is the lot owner. (b) If a lot owner designates a primary contact individual under this Subsection (14), the association shall provide the lot owner a written notice that confirms the association has changed the association's records to identify the primary contact individual designated by the lot owner.
Utah Code § 57-23-1 — Utah Code / Title 57 / Chapter 57-23 / § 57-23-1
§ 57-23-1. Short title.
Status: in_force

This chapter is known as the "Real Estate Cooperative Marketing Act."
Utah Code § 57-22-3 — Utah Code / Title 57 / Chapter 57-22 / § 57-22-3
§ 57-22-3. Duties of owners and renters -- Generally.
Status: in_force

(1) Each owner and the owner's agent renting or leasing a residential rental unit shall maintain that unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction in the area in which the residential rental unit is located. Each residential rental unit shall have electrical systems, heating, plumbing, and hot and cold water. (2) Each renter shall cooperate in maintaining the renter's residential rental unit in accordance with this chapter. (3) This chapter does not apply to breakage, malfunctions, or other conditions which do not materially affect the physical health or safety of the ordinary renter. (4) Any duty in this act may be allocated to a different party by explicit written agreement signed by the parties.
Utah Code § 57-8a-206 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-206
§ 57-8a-206. Written statement of unpaid assessment.
Status: in_force

(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 reasonable fee not to exceed $10. (b) The written statement described in Subsection (1)(a) is binding in favor of any person who relies in good faith on the written statement upon the: (i) remaining owners; (ii) manager; and (iii) board of directors. (2) Unless the manager or board of directors complies with a request described in Subsection (1)(a) within 10 days, any unpaid assessment that became due prior to the date the request described in Subsection (1)(a) was made is subordinate to a lien held by the person requesting the statement pursuant to Subsection (1)(a).
Utah Code § 57-8-57 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-57
§ 57-8-57. Management committee meetings -- Open meetings.
Status: in_force

(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. (2) (a) 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: (i) notice of the management committee meeting is included in a meeting schedule that was previously provided to the unit owner; or (ii) (A) the management committee meeting is to address an emergency; and (B) each management committee member receives notice of the management committee meeting less than 48 hours before the management committee meeting. (b) A notice described in Subsection (2)(a) shall: (i) 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; (ii) state the time and date of the management committee meeting; (iii) state the location of the management committee meeting; and (iv) 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. (3) (a) 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. (b) A management committee may close a management committee meeting to: (i) consult with an attorney for the purpose of obtaining legal advice; (ii) discuss ongoing or potential litigation, mediation, arbitration, or administrative proceedings; (iii) discuss a personnel matter; (iv) discuss a matter relating to contract negotiations, including review of a bid or proposal; (v) 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 (vi) discuss a delinquent assessment or fine. (4) (a) At each management committee meeting, the management committee shall provide each unit owner a reasonable opportunity to offer comments. (b) The management committee may limit the comments described in Subsection (4)(a) to one specific time period during the meeting. (5) A management committee member may not avoid or obstruct the requirements of this section. (6) Nothing in this section shall affect the validity or enforceability of an action of a management committee. (7) The provisions of this section do not apply during the period of administrative control. (8) The provisions of this section apply regardless of when the condominium project's initial declaration was recorded. (9) (a) 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: (i) injunctive relief requiring the association of unit owners to comply with the provisions of Subsections (1) through (5); (ii) $500 or actual damages, whichever is greater; or (iii) any other relief provided by law. (b) In an action described in Subsection (9)(a), the court may award costs and reasonable attorney fees to the prevailing party. (c) 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). (d) 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: (i) the unit owner's name, address, telephone number, and email address; (ii) each requirement of Subsections (1) through (5) with which the association of unit owners has failed to comply; (iii) a demand that the association of unit owners comply with each requirement with which the association of unit owners has failed to comply; and (iv) 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.
Utah Code § 57-8-34 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-34
§ 57-8-34. Persons subject to provisions and agreements.
Status: in_force

(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. (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.
Utah Code § 57-22-2 — Utah Code / Title 57 / Chapter 57-22 / § 57-22-2
§ 57-22-2. Definitions.
Status: in_force

As used in this chapter: (1) "Owner" means the owner, lessor, or sublessor of a residential rental unit. A managing agent, leasing agent, or resident manager is considered an owner for purposes of notice and other communication required or allowed under this chapter unless the agent or manager specifies otherwise in writing in the rental agreement. (2) "Rental agreement" means any agreement, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy of a residential rental unit. (3) "Rental application" means an application required by an owner as a prerequisite to the owner entering into a rental agreement for a residential rental unit. (4) "Renter" means any person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others. (5) "Residential rental unit" means a renter's principal place of residence and includes the appurtenances, grounds, and facilities held out for the use of the residential renter generally, and any other area or facility provided to the renter in the rental agreement. It does not include facilities contained in a boarding or rooming house or similar facility, mobile home lot, or recreational property rented on an occasional basis.
Utah Code § 57-6-2 — Utah Code / Title 57 / Chapter 57-6 / § 57-6-2
§ 57-6-2. Claimant to commence action -- Complaint -- Trial of issues.
Status: in_force

Such complaint must set forth the grounds on which the defendant seeks relief, stating as accurately as practicable the value of the real estate, exclusive of the improvements thereon made by the claimant or the claimant's grantors, and the value of such improvements. The issues joined thereon must be tried as in law actions, and the value of the real estate and of such improvements must be separately ascertained on the trial.
Utah Code § 57-8a-212 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-212
§ 57-8a-212. Content of a declaration.
Status: in_force

(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 governed by Chapter 8, Condominium Ownership Act; (e) a statement that the project is governed by this chapter; (f) if the declarant desires to reserve the option to expand the project, a statement reserving the option to expand the project; (g) the name of each county in which any part of the project is located; (h) a legally sufficient description of the real estate included in the project; (i) a description of any limited common areas and any real estate that is or is required to become common areas; (j) any restriction on the alienation of a lot, including a restriction on leasing; and (k) (i) an appointment of a trustee who qualifies under Subsection 57-1-21(1)(a)(i) or (iv); and (ii) the following statement: "The declarant hereby conveys and warrants pursuant to U.C.A. Sections 57-1-20 and 57-8a-302 to (name of trustee), with power of sale, the lot and all improvements to the lot for the purpose of securing payment of assessments under the terms of the declaration." (2) A declaration may contain any other information the declarant considers appropriate, including a restriction on the use of a lot, the number of persons who may occupy a lot, or other qualifications of a person who may occupy a lot. (3) The location of a limited common area or real estate described in Subsection (1)(g) may be shown on a subdivision plat. (4) A declaration, or an amendment to a declaration may not: (a) prohibit a lot owner from displaying in a window of the owner's lot: (i) a for-sale sign; (ii) a political sign; or (iii) a flag; (b) regulate the content or establish specific design criteria for the content of a political sign or flag, except to restrict a political sign or flag that contains obscene, profane, or commercial content; (c) prohibit low water use on lawns during drought conditions; (d) except where reasonably necessary for erosion control, prohibit or restrict the conversion of a grass park strip of less than eight feet wide to water-efficient landscaping; (e) prohibit a lot owner from making modifications, consistent with industry standards, for radon mitigation, unless the modifications would violate: (i) a local land use ordinance; (ii) a building code; (iii) a health code; or (iv) a fire code; (f) restrict an individual from parking an operable vehicle in a driveway where the vehicle has a legal right to park, unless the vehicle is: (i) a commercial vehicle, as that term is defined in Section 72-9-102; (ii) a motor home, as that term is defined in Section 13-20-2; (iii) a recreational vehicle trailer, as that term is defined in Section 13-20-2; (iv) a trailer, as that term is defined in Section 41-1a-102; (v) an off-highway vehicle, as that term is defined in Section 41-22-2; (vi) special mobile equipment, as that term is defined in Section 41-1a-102; or (vii) a motorboat, as that term is defined in Section 73-18-2; (g) restrict an individual from operating a vehicle that is not a commercial vehicle, as that term is defined in Section 72-9-102, in accordance with state traffic laws; (h) impose a requirement or restriction on the use of a public street, as that term is defined in Section 10-20-102; (i) restrict an individual from: (i) 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; or (ii) hiring a contractor or worker solely because the contractor or worker: (A) is not on the association's preferred vendor list; or (B) does not have a professional or occupational license, unless the license is required by law; (j) restrict a lot owner from displaying a religious or holiday sign, symbol, or decoration on: (i) the lot; or (ii) the exterior of the lot, unless the association has an ownership interest in, or maintenance, repair, or replacement obligation for the exterior; (k) interfere with reasonable activity of a lot owner within the confines of the lot, to the extent that the activity is in compliance with local laws and ordinances, including nuisance laws and ordinances; (l) (i) prohibit the transfer of a lot; or (ii) require the consent of the association or management committee to transfer a lot; (m) prohibit a unit owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the lot; (n) impose a restriction on the interior of a dwelling, except as reasonably necessary for the safety of adjacent lots and the occupants of the lots; or (o) restrict an individual from installing or keeping a properly maintained basketball standard on the individual's driveway or property if the driveway or property where the basketball standard is located is: (i) privately owned and maintained; and (ii) abutting a public street. (5) A declaration, or an amendment to a declaration may: (a) require that an individual park in a garage appurtenant to a unit before parking elsewhere; (b) enforce a reduced speed limit on a private roadway; (c) reasonably regulate the size and time, place, and manner of posting a for-sale sign, a political sign, or a flag; (d) 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); or (e) adopt a reasonable time, place, and manner restriction with respect to a religious or holiday sign, symbol, or decoration that is: (i) outside of or on the lot; or (ii) visible from outside the dwelling.
Utah Code § 57-21-14 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-14
§ 57-21-14. Effect of federal action.
Status: in_force

The commencement of an action in a federal court of competent jurisdiction for relief under federal law based upon any act prohibited by this chapter bars the commencement or continuation of any adjudicative proceeding before the division or state court proceeding in connection with the same claims under this chapter.
Utah Code § 57-18-6 — Utah Code / Title 57 / Chapter 57-18 / § 57-18-6
§ 57-18-6. Enforcement.
Status: in_force

(1) A conservation easement may be enforced or protected by injunctive relief granted by a court in a proceeding initiated by the grantor or holder of the easement. (2) In addition to injunctive relief, the holder of a conservation easement is entitled to recover money damages. (3) The holder of a conservation easement may enter the real property burdened or benefited by the easement at reasonable times and in a reasonable manner to ensure compliance.
Utah Code § 57-19-18 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-18
§ 57-19-18. Investigation -- Publication.
Status: in_force

(1) The director may make any investigations or requests for information, within or outside of this state, that the director considers necessary: (a) to determine whether any registration under this chapter should be granted, denied, or revoked; (b) to determine whether any person has violated or is about to violate any of the provisions of this chapter or any rule or order under this chapter; or (c) to aid in the enforcement of this chapter. (2) The director may publish information concerning any violation of this chapter or any rule or order under this chapter.
Utah Code § 57-23-3 — Utah Code / Title 57 / Chapter 57-23 / § 57-23-3
§ 57-23-3. Administration by division.
Status: in_force

This chapter shall be administered by the Division of Real Estate.
Utah Code § 57-28-305 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-305
§ 57-28-305. Lender default.
Status: in_force

(1) A lender who fails to make a loan advance on a non-federally insured reverse mortgage in accordance with the reverse mortgage agreement shall forfeit any right to repayment of the outstanding loan balance. (2) After a lender forfeits the lender's right to repayment under Subsection (1), the reverse mortgage loan agreement is void.
Utah Code § 57-8-13.2 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-13.2
§ 57-8-13.2. Conversion of convertible land -- Amendment to declaration -- Limitations.
Status: in_force

(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). (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. (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.
Utah Code § 57-22-1 — Utah Code / Title 57 / Chapter 57-22 / § 57-22-1
§ 57-22-1. Short title.
Status: in_force

This chapter is known as the "Utah Fit Premises Act."
Utah Code § 57-1-38 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-38
§ 57-1-38. Release of security interest.
Status: in_force

(1) As used in this section: (a) "Revolving credit line" means an agreement between the borrower and a secured lender who agrees to loan the borrower money on a continuing basis so long as the outstanding principal amount owed by the borrower does not exceed a specified amount. (b) "Secured lender" means: (i) a mortgagee on a mortgage; (ii) a beneficiary on a trust deed; (iii) a person that holds or retains legal title to real property as security for financing the purchase of the real property under a real estate sales contract; and (iv) any other person that holds or retains a security interest in real property to secure the repayment of a secured loan. (c) (i) "Secured loan" means a loan or extension of credit, the repayment of which is secured by a mortgage, a trust deed, the holding or retention of legal title under a real estate sales contract, or other security interest in real property, whether or not the security interest is perfected. (ii) A judgment award secured by a judgment lien is not of itself a secured loan. A subsequent written agreement between a judgment creditor and a judgment debtor concerning payment of the judgment is a secured loan if it otherwise qualifies under the definition in Subsection (1)(c)(i). (d) "Security interest" means an interest in real property that secures payment or performance of an obligation. Security interest includes a lien or encumbrance. (e) "Servicer" means a person that services and receives loan payments on behalf of a secured lender with respect to a secured loan. (2) This section may not be interpreted to validate, invalidate, alter, or otherwise affect the foreclosure of a mortgage, the exercise of a trustee's power of sale, the exercise of a seller's right of reentry under a real estate sales contract, or the exercise of any other power or remedy of a secured lender to enforce the repayment of a secured loan. (3) A secured lender or servicer who fails to release the security interest on a secured loan within 90 days after receipt of the final payment of the loan is liable to another secured lender on the real property or the owner or titleholder of the real property for: (a) the greater of $1,000 or treble actual damages incurred because of the failure to release the security interest, including all expenses incurred in completing a quiet title action; and (b) reasonable attorneys' fees and court costs. (4) A secured lender or servicer is not liable under Subsection (3) if the secured lender or servicer: (a) has established a reasonable procedure to release the security interest on a secured loan in a timely manner after the final payment on the loan; (b) has complied with this procedure in good faith; and (c) is unable to release the security interest within 90 days after receipt of the final payment because of the action or inaction of an agency or other person beyond its direct control. (5) A secured lender under a revolving credit line shall close the revolving credit line and release the security interest if the secured lender receives: (a) payment in full from a third party involved in a sale or loan transaction affecting the security interest; and (b) (i) a request from a third party for full payoff of the credit line; or (ii) a written request to close the credit line.
Utah Code § 57-19-15 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-15
§ 57-19-15. Application for registration of salesperson.
Status: in_force

(1) A person may apply for registration as a salesperson under this chapter by filing with the director an application in the form prescribed by the director, including: (a) a statement regarding whether the applicant has ever been: (i) convicted of: (A) a felony; or (B) a misdemeanor involving theft, fraud, or dishonesty; or (ii) enjoined from, assessed a civil penalty for, or found to have engaged in the violation of a law designed to protect a consumer; (b) (i) a statement describing the applicant's employment history for the five years immediately preceding the day on which the application is filed; and (ii) a statement regarding whether a termination of employment during the period described in Subsection (1)(b)(i) is a result of theft, fraud, or an act of dishonesty; (c) evidence of the applicant's honesty, integrity, truthfulness, and reputation; and (d) any other information that the director, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, considers necessary to protect a purchaser's interests. (2) (a) Notwithstanding the requirements for a regulatory fee under Section 63J-1-504, at the time an applicant files an application, the applicant shall pay to the division a fee of $100. (b) The fee for registration described in Subsection (2)(a) is waived for a person licensed by the division under Title 61, Chapter 2f, Real Estate Licensing and Practices Act. (3) (a) Registration as a salesperson is effective for two years after the day on which the registration is approved by the director, unless the director specifies otherwise. (b) To renew a registration, a salesperson shall: (i) file a form prescribed by the director for that purpose; and (ii) pay a renewal fee of $100.
Utah Code § 57-8-10 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-10
§ 57-8-10. Contents of declaration -- Limitations on declaration.
Status: in_force

(1) (a) Before the conveyance of a 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. (b) Unless otherwise provided, a unit owner or a unit owner's successor in interest may enforce a servitude described in Subsection (1)(a). (2) (a) For every condominium project, the declaration shall: (i) include a description of the land or interests in real property included within the project; (ii) 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; (iii) 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; (iv) describe the common areas and facilities of the project; (v) describe any limited common areas and facilities and state to which units the use of the common areas and facilities is reserved; and (vi) include a statement that the project is: (A) designated as a condominium project; and (B) governed by this chapter. (b) 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, regardless of whether the declaration makes such a provision. (c) The condominium plat recorded with the declaration may provide or supplement the information required under Subsections (2)(a) and (b). (d) (i) 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). (ii) 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. (iii) (A) The declaration shall include the name and address of a person to receive service of process on behalf of the condominium project, in the cases provided by this chapter. (B) The person described in Subsection (2)(d)(iii)(A) shall be a resident of, or shall maintain a place of business within, this state. (iv) The declaration shall describe the method by which the declaration may be amended consistent with this chapter. (v) 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. (e) The initial recorded declaration shall include: (i) an appointment of a trustee who qualifies under Subsection 57-1-21(1)(a)(i) or (iv); and (ii) 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." (3) (a) If the condominium project contains any convertible land, the declaration shall: (i) contain a legal description by metes and bounds of each area of convertible land within the condominium project; (ii) state the maximum number of units that may be created within each area of convertible land; (iii) 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; (iv) 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; (v) describe all other improvements that may be made on each area of convertible land within the condominium project; (vi) 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 (vii) 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. (b) The condominium plat recorded with the declaration may provide or supplement the information required under Subsection (3)(a). (4) (a) If the condominium project is an expandable condominium project, the declaration shall: (i) contain an explicit reservation of an option to expand the project; (ii) 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; (iii) 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; (iv) 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; (v) state: (A) 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; (B) any limitations as to what portions may be added; or (C) a statement that there are no such limitations; (vi) 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 the lands may be added to the condominium project; (vii) 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; (viii) (A) state the maximum number of units that may be created on the additional land; (B) 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 (C) 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; (ix) 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; (x) 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; (xi) 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; (xii) 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 (xiii) 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. (b) 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). (5) (a) If the condominium project is a contractible condominium, the declaration shall: (i) contain an explicit reservation of an option to contract the condominium project; (ii) 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; (iii) 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; (iv) 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; (v) 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 (vi) 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. (b) The condominium plat recorded with the declaration may provide or supplement the information required under Subsections (5)(a)(iv) through (vi). (6) (a) 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: (i) include recording information enabling the location of each lease in the official records of the county recorder; (ii) include the date upon which each lease is due to expire; (iii) state whether any land or improvements will be owned by the unit owners in fee simple; (iv) if there is to be fee simple ownership of any land or improvement, as described in Subsection (6)(a)(iii), include: (A) a description of the land or improvements, including a legal description by metes and bounds of the land; or (B) a statement of the right the unit owners have to remove the improvements described in Subsection (6)(a)(iv)(A) within a reasonable time after the expiration or termination of the lease or leases involved, or a statement that the unit owners do not have that right; and (v) include a statement of the right 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 the unit owners do not have that right. (b) 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 a unit owner who: (i) 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 (ii) otherwise complies with all covenants which would entitle the lessor to terminate the lease if the covenants were violated. (7) (a) (i) If the condominium project contains time period units, the declaration shall also contain the location of each condominium unit in the calendar year. (ii) The information described in Subsection (7)(a)(i) 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. (b) The declaration shall also put timeshare owners on notice that tax notices will be sent to the management committee, not each timeshare owner. (c) 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. (8) (a) The declaration, bylaws, and condominium plat shall be duly executed and acknowledged by all of the owners and any lessees of the land that is subject to this chapter. (b) As used in Subsection (8)(a), "owners and lessees" does not include: (i) a mortgagee; (ii) a trustee or beneficiary under a deed of trust; (iii) any other lien holder; (iv) a person that has an equitable interest under a contract for the sale or lease of a condominium unit; or (v) a lessee whose leasehold interest does not extend to any portion of the common areas and facilities. (9) A declaration, or an amendment to a declaration may not: (a) prohibit a unit owner from displaying in a window of the owner's unit: (i) a for-sale sign; (ii) a political sign; or (iii) a flag; (b) regulate the content or establish specific design criteria for the content of a political sign or flag, except to restrict a political sign or flag that contains obscene, profane, or commercial content; (c) prohibit low water use on lawns during drought conditions; (d) except where reasonably necessary for erosion control, prohibit or restrict the conversion of a grass park strip of less than eight feet wide to water-efficient landscaping; (e) prohibit a unit owner from making modifications, consistent with industry standards, for radon mitigation, unless the modifications would violate: (i) a local land use ordinance; (ii) a building code; (iii) a health code; or (iv) a fire code; (f) restrict an individual from parking an operable vehicle in a driveway where the vehicle has a legal right to park, unless the vehicle is: (i) a commercial vehicle, as that term is defined in Section 72-9-102; (ii) a motor home, as that term is defined in Section 13-20-2; (iii) a recreational vehicle trailer, as that term is defined in Section 13-20-2; (iv) a trailer, as that term is defined in Section 41-1a-102; (v) an off-highway vehicle, as that term is defined in Section 41-22-2; (vi) special mobile equipment, as that term is defined in Section 41-1a-102; or (vii) a motorboat, as that term is defined in Section 73-18-2; (g) restrict an individual from operating a vehicle that is not a commercial vehicle, as that term is defined in Section 72-9-102, in accordance with state traffic laws; (h) impose a requirement or restriction on the use of a public street, as that term is defined in Section 10-20-102; (i) restrict an individual from: (i) 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; or (ii) hiring a contractor or worker solely because the contractor or worker: (A) is not on the association's preferred vendor list; or (B) does not have a professional or occupational license, unless the license is required by law; (j) restrict a unit owner from displaying a religious or holiday sign, symbol, or decoration on: (i) the unit; or (ii) the exterior of the unit, unless the association has an ownership interest in, or maintenance, repair, or replacement obligation for the exterior; (k) interfere with reasonable activity of a unit owner within the confines of the unit, to the extent that the activity is in compliance with local laws and ordinances, including nuisance laws and ordinances; (l) (i) prohibit the transfer of a unit; or (ii) require the consent of the association or management committee to transfer a unit; (m) prohibit a unit owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the unit; (n) impose a restriction on a unit interior, except as reasonably necessary for the safety of adjacent units and the occupants of the units; or (o) restrict an individual from installing or keeping a properly maintained basketball standard on the individual's driveway or property if the driveway or property where the basketball standard is located is: (i) privately owned and maintained; and (ii) abutting a public street. (10) A declaration, or an amendment to a declaration may: (a) require that an individual park in a garage appurtenant to a unit before parking elsewhere; (b) enforce a reduced speed limit on a private roadway; (c) reasonably regulate the size and time, place, and manner of posting a for-sale sign, a political sign, or a flag; (d) 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); or (e) adopt a reasonable time, place, and manner restriction with respect to a religious or holiday sign, symbol, or decoration that is: (i) outside of or on the unit; or (ii) visible from outside the unit.
Utah Code § 57-8-25 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-25
§ 57-8-25. Joint and several liability of grantor and grantee for unpaid common expenses.
Status: in_force

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.
Utah Code § 57-11-16 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-16
§ 57-11-16. Violations -- Duties of attorney general, county attorney, or district attorney.
Status: in_force

(1) (a) A person who violates this chapter is guilty of a class B misdemeanor, except as provided in Subsection (1)(b). (b) A person who knowingly makes an untrue statement or knowingly omits a material fact in an application for registration under this chapter or under the federal act is guilty of a class A misdemeanor. (2) (a) The attorney general shall advise the division and the division's staff in matters requiring legal counsel or services in the exercise of the division's power or performance of the division's duties. (b) In the prosecution or defense of an action under this section, the attorney general, the county attorney, or the district attorney of the appropriate county shall perform the necessary legal services without compensation other than their regular salaries.
Utah Code § 57-11-1 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-1
§ 57-11-1. Short title.
Status: in_force

This act shall be known and may be cited as the "Utah Uniform Land Sales Practices Act."
Utah Code § 57-2-15 — Utah Code / Title 57 / Chapter 57-2 / § 57-2-15
§ 57-2-15. Evidence required for certificate of proof.
Status: in_force

No certificate of any such proof shall be made unless a competent and credible witness shall state on oath or affirmation that the competent and credible witness personally knew the person whose name is subscribed thereto as a party, well knows the subscribing party's signature, stating the competent and credible witness's means of knowledge, and believes the name of the party subscribed thereto as a party was subscribed by such person; nor unless a competent and credible witness shall in like manner state that the competent and credible witness personally knew the person whose name is subscribed to such conveyance as a witness, well knows the subscribing witness's signature, stating the competent and credible witness's means of knowledge, and believes the name subscribed thereto as a witness was thereto subscribed by such person.
Utah Code § 57-28-207 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-207
§ 57-28-207. Cooling off period -- Closing.
Status: in_force

(1) After a prospective borrower accepts, in writing, a lender's written commitment to make a reverse mortgage, the lender may not bind the prospective borrower to the reverse mortgage earlier than five days after the day on which the prospective borrower gives the written acceptance to the lender. (2) During the five-day period described in Subsection (1), the lender may not require the prospective borrower to close or otherwise proceed with the reverse mortgage. (3) A prospective borrower may not waive the provisions of this section.
Utah Code § 57-3-203 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-203
§ 57-3-203. Authorization to incorporate master form by reference -- Referencing a master form -- Prohibiting the reference of legal descriptions.
Status: in_force

(1) (a) After a master form is recorded in accordance with Section 57-3-202, any provision of that master form may be incorporated in a mortgage or trust deed without setting the provision in full by making reference to the master form in the manner provided in this section. (b) The incorporation of a provision of a master form is effective for purposes of this chapter only if it complies with the provision of this section. (2) To incorporate a provision of a master form: (a) the master form shall be of record in any county in which the mortgage or trust deed incorporating the master form provision is recorded; (b) the mortgage or trust deed incorporating the master form provision shall contain a statement for each county in which the mortgage or trust deed is to be recorded that: (i) gives the specific date on which the referenced master form was recorded in that county; (ii) identifies the referenced master form by reference to the indexing information for the referenced master form from the county records of that county, providing: (A) the entry number; and (B) the book and first page number of the records or book where the recorded master form appears; and (iii) if less than all of the provisions of the referenced master form are incorporated, identifies by paragraph, section, or other method which provision is incorporated into the mortgage or trust deed. (3) In the absence of a statement identifying which provision is to be incorporated as described in Subsection (2)(b)(iii), the entire referenced master form is considered incorporated. (4) A party may not incorporate by reference the legal description of the real property affected by the mortgage or trust deed being recorded.
Utah Code § 57-8a-218 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-218
§ 57-8a-218. Equal treatment by rules required -- Limits on association rules and design criteria.
Status: in_force

(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 the association provides to lot owners; (ii) differ between residential and nonresidential uses; and (iii) for a lot that an owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals who may use the common areas and facilities as guests of the lot tenant or lot owner. (2) (a) Except as provided in Subsection (2)(b), if a lot owner owns a rental lot and is in compliance with the association's governing documents and any rule that the association adopts under Subsection (4), a rule may not treat the lot owner differently because the lot owner owns a rental lot. (b) A rule may: (i) limit or prohibit a rental lot owner from using the common areas for purposes other than attending an association meeting or managing the rental lot; (ii) if the rental lot owner retains the right to use the association's common areas, even occasionally: (A) charge a rental lot owner a fee to use the common areas; or (B) for a lot that an owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals who may use the common areas and facilities as guests of the lot tenant or lot owner; or (iii) include a provision in the association's governing documents that: (A) requires each tenant of a rental lot to abide by the terms of the governing documents; and (B) holds the tenant and the rental lot owner jointly and severally liable for a violation of a provision of the governing documents. (3) (a) Except as provided in Subsection (3)(b), a rule may not abridge the rights of a lot owner to display a religious or holiday sign, symbol, or decoration on: (i) a lot; (ii) the exterior of the dwelling, unless the association has an ownership interest in, or a maintenance, repair, or replacement obligation for, the exterior; or (iii) the front yard of the dwelling, unless the association has an ownership interest in, or a maintenance, repair, or replacement obligation for, the yard. (b) The association may adopt a reasonable time, place, and manner restriction with respect to a display that is: (i) outside a dwelling on: (A) a lot; (B) the exterior of the dwelling; or (C) the front yard of the dwelling; and (ii) visible from outside the lot. (4) (a) A rule may not prohibit a lot owner from displaying a political sign or flag on: (i) a lot; (ii) the exterior of the dwelling, regardless of whether the association has an ownership interest in the exterior; or (iii) the front yard of the dwelling, regardless of whether the association has an ownership interest in the yard. (b) Except as provided in Subsection (4)(c), a rule may not regulate the content of a political sign or flag. (c) A rule may restrict a political sign or flag that contains obscene, profane, or commercial content. (d) A rule may reasonably regulate the time, place, and manner of posting a political sign or flag. (e) An association design provision may not establish design criteria for a political sign or flag. (5) (a) A rule may not prohibit a lot owner from displaying a for-sale sign on: (i) a lot; (ii) the exterior of the dwelling, regardless of whether the association has an ownership interest in the exterior; or (iii) the front yard of the dwelling, regardless of whether the association has an ownership interest in the yard. (b) A rule may reasonably regulate the time, place, and manner of posting a for-sale sign. (6) (a) Except as provided in Subsection (6)(b), a rule may not interfere with the freedom of a lot owner to determine the composition of the lot owner's household. (b) An association may: (i) require that all occupants of a dwelling be members of a single housekeeping unit; or (ii) limit the total number of occupants permitted in each residential dwelling on the basis of the residential dwelling's: (A) size and facilities; and (B) fair use of the common areas. (7) (a) Except as provided in Subsection (7)(b), a rule may not interfere with a reasonable activity of a lot owner within the confines of a dwelling or lot, including backyard landscaping or amenities, to the extent that the activity is in compliance with local laws and ordinances, including nuisance laws and ordinances. (b) A rule may prohibit an activity within the confines of a dwelling or lot, including backyard landscaping or amenities, if the activity: (i) is not normally associated with a project restricted to residential use; or (ii) (A) creates monetary costs for the association or other lot owners; (B) creates a danger to the health or safety of occupants of other lots; (C) generates excessive noise or traffic; (D) creates unsightly conditions visible to an individual standing outside the dwelling; (E) creates an unreasonable source of annoyance to persons outside the lot; or (F) if there are attached dwellings, creates the potential for smoke to enter another lot owner's dwelling, the common areas, or limited common areas. (c) If permitted by law, an association may adopt rules described in Subsection (7)(b) that affect the use of or behavior inside the dwelling. (8) (a) A rule may not, to the detriment of a lot owner and over the lot owner's written objection to the board, alter the allocation of financial burdens among the various lots. (b) An association may: (i) change the common areas available to a lot owner; (ii) adopt generally applicable rules for the use of common areas; or (iii) deny use privileges to a lot owner who: (A) is delinquent in paying assessments; (B) abuses the common areas; or (C) violates the governing documents. (c) This Subsection (8) does not permit a rule that: (i) alters the method of levying assessments; or (ii) increases the amount of assessments as provided in the declaration. (9) A rule may not: (a) prohibit the transfer of a lot; or (b) require the consent of the association or board to transfer a lot. (10) (a) A rule may not require a lot owner to dispose of personal property that was in or on a lot before the adoption of the rule or design criteria if the personal property was in compliance with all rules and other governing documents previously in force. (b) The exemption in Subsection (10)(a): (i) applies during the period of the lot owner's ownership of the lot; and (ii) does not apply to a subsequent lot owner who takes title to the lot after adoption of the rule described in Subsection (10)(a). (11) A rule or action by the association or action by the board may not unreasonably impede a declarant's ability to satisfy existing development financing for community improvements and right to develop: (a) the project; or (b) other properties in the vicinity of the project. (12) A rule or association or board action may not interfere with: (a) the use or operation of an amenity that the association does not own or control; or (b) the exercise of a right associated with an easement. (13) A rule may not divest a lot owner of the right to proceed in accordance with a completed application for design review, or to proceed in accordance with another approval process, under the terms of the governing documents in existence at the time the completed application was submitted by the owner for review. (14) Unless otherwise provided in the declaration, an association may by rule: (a) regulate the use, maintenance, repair, replacement, and modification of common areas; (b) impose and receive any payment, fee, or charge for: (i) the use, rental, or operation of the common areas, except limited common areas; and (ii) a service provided to a lot owner; (c) impose a charge for a late payment of an assessment; or (d) provide for the indemnification of the association's officers and board consistent with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act. (15) (a) For any area for which one or more lot owners, but not the association, are responsible for landscape maintenance of any landscaping within the lot owner's lot or the common areas, the association shall adopt rules supporting water wise landscaping as defined in Section 57-8a-231 including: (i) low water use requirements on lawns during drought conditions; (ii) design criterion for water wise landscaping; and (iii) limiting permissible plant material to specific water wise plant material. (b) A rule may not: (i) prohibit or restrict the conversion of a grass park strip to water wise landscaping as defined in Section 57-8a-231; (ii) prohibit low water use on lawns during drought conditions; or (iii) prohibit, or have the effect of prohibiting, a lot owner from removing vegetation from the lot owner's lot that is within a designated wildland-urban interface area, as defined in Section 65A-1-1. (16) (a) Except as provided in Subsection (16)(b), a rule may not prohibit the owner of a residential lot from constructing an internal accessory dwelling unit, as defined in Section 10-21-101 or 17-80-101, within the owner's residential lot. (b) Subsection (16)(a) does not apply if the construction would violate: (i) a local land use ordinance; (ii) a building code; (iii) a health code; or (iv) a fire code. (17) (a) Except as provided in Subsection (17)(b), a rule may not prohibit the owner of a residential lot from making modifications, consistent with industry standards, for radon mitigation. (b) Subsection (17)(a) does not apply if the modifications would violate: (i) a local land use ordinance; (ii) a building code; (iii) a health code; or (iv) a fire code. (c) A rule governing the placement or external appearance of modifications for radon mitigation does not apply to a lot owner's modifications if the rule would: (i) unreasonably interfere with the modifications' functionality; or (ii) add more than 40% of the modifications' original cost to the cost of installing the modifications. (d) A rule may require that a lot owner making modifications related to radon mitigation: (i) demonstrate or provide proof of radon contamination; and (ii) provide proof that the modifications and any related construction will be performed by a licensed person. (18) 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). (19) (a) As used in this Subsection (19), "vegetable garden" means a plot of ground or elevated soil bed where vegetables, herbs, fruits, flowers, pollinator plants, leafy greens, or other edible plants are cultivated. (b) A rule may not prohibit a vegetable garden on the rear yard of a lot on which the association does not have an ownership interest or a maintenance responsibility. (c) A rule may: (i) impose reasonable regulations that do not significantly increase the cost of cultivating a vegetable garden or significantly decrease the efficiency of cultivating a vegetable garden, including reasonable regulations on plant height, water use, fertilizer use, and weed maintenance; and (ii) prohibit the cultivation of invasive or unlawful species. (20) (a) Except as provided in Subsection (20)(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: (i) a commercial vehicle, as defined in Section 72-9-102; (ii) a motor home, as defined in Section 13-20-2; (iii) a recreational vehicle trailer, as defined in Section 13-20-2; (iv) a trailer, as that term is defined in Section 41-1a-102; (v) an off-highway vehicle, as that term is defined in Section 41-22-2; (vi) special mobile equipment, as that term is defined in Section 41-1a-102; or (vii) a motorboat, as that term is defined in Section 73-18-2. (b) A rule may require that an individual park in a garage appurtenant to a dwelling before parking elsewhere. (21) (a) Except as provided in Subsection (21)(b), a rule may not restrict an individual from operating a vehicle that is not a commercial vehicle, as defined in Section 72-9-102, in conformance with state traffic laws. (b) A rule may enforce a reduced speed limit on a private roadway. (22) A rule may not: (a) prohibit a lot owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the owner's dwelling unit; (b) impose a requirement or restriction on: (i) a dwelling's interior, except as reasonably necessary for the safety of adjacent lots and the occupants of those lots; or (ii) the use of a public street, as defined in Section 10-20-102; (c) restrict an individual from: (i) 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 lot; (ii) installing or keeping a properly maintained basketball standard on the individual's driveway or property if the driveway or property where the basketball standard is located is: (A) privately owned and maintained; and (B) abutting a public street; or (iii) hiring a contractor or worker solely because the contractor or worker: (A) is not on the association's preferred vendor list; or (B) does not have a professional or occupational license, unless the license is required by law; or (d) be inconsistent with a provision of the association's declaration, bylaws, or articles of incorporation. (23) A rule shall be reasonable. (24) A declaration, or an amendment to a declaration, may not vary the requirements of Subsection (1)(b)(ii). (25) This section applies to an association regardless of when the association is created.
Utah Code § 57-3-101 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-101
§ 57-3-101. Certificate of acknowledgment, proof of execution, jurat, or other certificate required -- Notarial acts affecting real property -- Right to record documents unaffected by subdivision ordinances.
Status: in_force

(1) A certificate of the acknowledgment of any document, or of the proof of the execution of any document, or a jurat as defined in Section 46-1-2, or other notarial certificate containing the words "subscribed and sworn" or their substantial equivalent, that is signed and certified by the officer taking the acknowledgment, proof, or jurat, as provided in this title, entitles the document and the certificate to be recorded in the office of the recorder of the county where the real property is located. (2) Notarial acts affecting real property in this state shall also be performed in conformance with Title 46, Chapter 1, Notaries Public Reform Act. (3) Nothing in the provisions of Title 10, Chapter 20, Part 8, Subdivisions, and Title 17, Chapter 79, Part 7, Subdivisions, shall prohibit the recording of a document which is otherwise entitled to be recorded under the provisions of this chapter.
Utah Code § 57-6-3 — Utah Code / Title 57 / Chapter 57-6 / § 57-6-3
§ 57-6-3. Rights of parties -- Acquiring other's interest or holding as tenants in common.
Status: in_force

The plaintiff in the main action may thereupon pay the appraised value of the improvements and take the property, but should the plaintiff fail to do so after a reasonable time, to be fixed by the court, the defendant may take the property upon paying its value, exclusive of the improvements. If this is not done within a reasonable time, to be fixed by the court, the parties will be held to be tenants in common of all the real estate, including the improvements, each holding an interest proportionate to the values ascertained on the trial.
Utah Code § 57-29-202 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-202
§ 57-29-202. License required.
Status: in_force

Except as provided by Section 61-2f-202, a person may not offer, sell, or otherwise dispose of an undivided fractionalized long-term estate unless the person is licensed by the division under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, as a principal broker, associate broker, or sales agent.
Utah Code § 57-17-1 — Utah Code / Title 57 / Chapter 57-17 / § 57-17-1
§ 57-17-1. Return or explanation of retainage upon termination of tenancy.
Status: in_force

Owners or designated agents requiring deposits however denominated from renters leasing or renting residential dwelling units shall either return those deposits at the termination of the tenancy or provide the renter with written notice explaining why any deposit refundable under the terms of the lease or rental agreement is being retained.
Utah Code § 57-8-48 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-48
§ 57-8-48. One-action rule not applicable -- Abandonment of enforcement proceedings.
Status: in_force

(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. (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.
Utah Code § 57-25-103 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-103
§ 57-25-103. Nature of rights -- Subordination of interests.
Status: in_force

(1) (a) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. (b) An environmental covenant may identify more than one holder. (c) The interest of a holder is an interest in real property. (2) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property. (3) (a) An agency is bound by any obligation it affirmatively assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. (b) Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant. (4) The following requirements apply to interests in real property in existence at the time an environmental covenant is created or amended: (a) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant. (b) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant. (c) (i) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. (ii) If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association. (d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
Utah Code § 57-8a-228 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-228
§ 57-8a-228. Organization of an association -- Governing document hierarchy -- Reorganization.
Status: in_force

(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 the declarant. (2) If permitted, required, or acknowledged by the declaration, the board may organize an association as: (a) a nonprofit corporation in accordance with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act; or (b) any other entity organized under other law. (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's bylaws recorded at the time of the formation of a nonprofit corporation or other entity. (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: (a) board members or officers; or (b) similar persons in a position of control. (5) In the event of a conflict between this chapter's provisions, a statute under which the association is organized, documents concerning the organization of the association as a nonprofit corporation or other entity, the plat, the declaration, the bylaws, and association rules or policies, the following order prevails: (a) this chapter controls over a conflicting provision found in any of the sources listed in Subsections (5)(b) through (f); (b) 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); (c) the plat and the declaration control equally over a conflicting provision in any of the sources listed in Subsections (5)(d) through (f); (d) 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) and (f); (e) the bylaws control over a conflicting provision in a source described in Subsection (5)(f); and (f) an association rule or policy that is adopted by the board yields to a conflicting provision in any of the sources listed in Subsections (5)(a) through (e). (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. (7) (a) The board 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. (b) 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. (c) Except for amended bylaws, an initial or amended organizational document properly filed with the state does not need to be recorded. (8) This section applies to the reorganization of an association previously organized if the entity's status is terminated or dissolved without the possibility of reinstatement. (9) (a) This section applies regardless of when the association is created. (b) This section does not validate or invalidate the organization of an association that occurred before May 9, 2017, regardless of whether the association was otherwise in compliance with this section.
Utah Code § 57-13c-111 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-111
§ 57-13c-111. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the uniform law with respect to the uniform law's subject matter among the states that enact the uniform law.
Utah Code § 57-3-104 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-104
§ 57-3-104. Certified copies entitled to record in another county -- Effect.
Status: in_force

(1) (a) A document of record in a county recorder's office that is certified by the county recorder may be recorded in the office of the county recorder of another county. (b) The recording of a certified copy in the office of the county recorder of another county has the same force and effect as if the original document had been recorded in the other county. (2) A certified copy of a document may not be submitted for recording under Subsection (1) in the office of the same county recorder that issued the certified copy.
Utah Code § 57-6-5 — Utah Code / Title 57 / Chapter 57-6 / § 57-6-5
§ 57-6-5. Settlers under state or federal law or contract deemed occupying claimants.
Status: in_force

When any person has settled upon any real estate and occupied the same for three years under or by virtue of any law or contract with the proper officers of the state for the purchase thereof, or under any law of, or by virtue of any purchase from, the United States, and shall have made valuable improvements thereon, and shall be found not to be the owner thereof, or not to have acquired a right to purchase the same from the state or the United States, such person shall be an occupying claimant within the meaning of this chapter.
Utah Code § 57-11-7 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-7
§ 57-11-7. Public offering statement -- Contents -- Restrictions on use -- Alteration or amendments.
Status: in_force

(1) Every public offering statement shall disclose completely and accurately to prospective purchasers: (a) the physical characteristics of the subdivided lands offered; and (b) unusual and material circumstances or features affecting the subdivided lands. (2) The proposed public offering statement submitted to the division shall be in a form prescribed by its rules and, unless otherwise provided by the division, shall include the following: (a) the name and principal address of the subdivider and the name and principal address of each officer, director, general partner, other principal, or person occupying a similar status or performing similar functions as defined by the rules of the division if the subdivider is a person other than an individual; (b) a general description of the subdivided lands stating the total number of units in the offering; (c) a statement summarizing in one place the significant terms of any encumbrances, easements, liens, severed interests, and restrictions, including zoning and other regulations affecting the subdivided lands and each unit, and a statement of all existing or proposed taxes or special assessments which affect the subdivided lands; (d) a statement of the use for which the property is offered; (e) information concerning: (i) any improvements, including streets, curbs, and gutters, sidewalks, water supply including a supply of culinary water, drainage and flood control systems, irrigation systems, sewage disposal facilities, and customary utilities; (ii) the estimated cost to the purchaser, the estimated date of completion, and the responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition; and (iii) if for any reason any of the improvements described in Subsections (2)(e)(i) and (ii) cannot presently be constructed or maintained, a statement clearly setting forth this fact and giving the reasons therefor; (f) (i) a statement of existing zoning or other planned land use designation of each unit and the proposed use of each unit in the subdivision including uses as residential dwellings, agriculture, churches, schools, low density apartments, high density apartments and hotels, and a subdivision map showing the proposed use, the zoning, or other planned land use designation, unless each unit has the same proposed use, zoning, or other planned land use designation; (ii) if the subdivision consists of more than one tract or other smaller division, the information and map required by Subsection (2)(f)(i) need only pertain to the tract or smaller division in which the units offered for disposition are located; (g) a map, which need not be drawn to scale, enabling one unfamiliar with the area in which the subdivision is located to reach the subdivision by road or other thoroughfare from a nearby town or city; (h) (i) the boundary, course, dimensions, and intended use of the right-of-way and easement grants of record; (ii) the location of existing underground and utility facilities; and (iii) any conditions or restrictions governing the location of the facilities within the right-of-way, and easement grants of record, and utility facilities within the subdivision; and (i) any additional information the division may require to assure full and fair disclosure to prospective purchasers. (3) (a) The public offering statement may not be used for any promotional purposes either before registration of the subdivided lands or before the date the statement becomes effective. (b) The statement may be used after it becomes effective only if it is used in its entirety. (c) A person may not advertise or represent that the division approves or recommends the subdivided lands or their disposition. (d) No portion of the public offering statement may be underscored, italicized, or printed in larger, heavier, or different color type than the remainder of the statement, unless the division requires it. (4) (a) The division may require the subdivider to alter or amend the proposed public offering statement in order to assure full and fair disclosure to prospective purchasers. (b) A change in the substance of the promotional plan or plan of disposition or development of the subdivision may not be made after registration without notifying and receiving approval of the division and without making appropriate amendment of the public offering statement. (c) A public offering statement is not current unless: (i) all amendments are incorporated; (ii) the subdivider has timely filed each renewal report required by Section 57-11-10; and (iii) no cease and desist order issued pursuant to this chapter is in effect. (5) The subdivider must notify the division within five working days if he is convicted of a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions, or has been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions. (6) The subdivider must notify the division within five working days if the person which owns the subdivided lands files a petition in bankruptcy or if any other event occurs which may have a material adverse effect on the subdivision.
Utah Code § 57-16-4 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-4
§ 57-16-4. Termination of lease or rental agreement -- Required contents of lease -- Increases in rents or fees -- Required disclosures -- Sale of homes -- Notice regarding planned reduction or restriction of amenities.
Status: in_force

(1) A mobile home park or its agents may not terminate a lease or rental agreement upon any ground other than as specified in this chapter. (2) (a) A mobile home park and a mobile home park resident that enter into an agreement for the lease of a mobile home park space shall: (i) enter into the lease agreement in writing; and (ii) sign the lease agreement. (b) A mobile home park shall, for each lease entered into by the mobile home park with a mobile home park resident: (i) maintain a written copy of the lease; and (ii) make a written copy of the lease available to the mobile home park resident that is a party to the lease: (A) no more than seven calendar days after the day on which the mobile home park receives a written request from the mobile home park resident; and (B) except for reasonable copying expenses, at no charge to the mobile home park resident. (3) Each lease shall contain at least the following information: (a) the name and address of the mobile home park owner and any persons authorized to act for the owner, upon whom notice and service of process may be served; (b) the type of the leasehold, whether it be term or periodic, and, in leases entered into on or after May 6, 2002, a conspicuous disclosure describing the protection a resident has under Subsection (1) against unilateral termination of the lease by the mobile home park except for the causes described in Section 57-16-5; (c) (i) a full disclosure of all rent, service charges, and other fees presently being charged on a periodic basis; (ii) a full disclosure of utility infrastructure owned by the mobile home park owner or the owner's agent that is maintained through service charges and fees charged by the mobile home park owner or the owner's agent, and the method used to calculate the associated service charges and fees; and (iii) a full disclosure of all costs charged by the mobile home park for public utility services and the method used to calculate each individual resident's public utility bill, including: (A) costs allocated from a master-metered bill; (B) costs submetered for individual usage; (C) costs that reflect utility infrastructure owned by the mobile home park owner or the owner's agent; and (D) any other costs related to public utility services; (d) the date or dates on which the payment of rent, fees, and service charges are due; and (e) all rules that pertain to the mobile home park that, if broken, may constitute grounds for eviction, including, in leases entered into on or after May 6, 2002, a conspicuous disclosure regarding: (i) the causes for which the mobile home park may terminate the lease as described in Section 57-16-5; and (ii) the resident's rights to: (A) terminate the lease at any time without cause, upon giving the notice specified in the resident's lease; and (B) advertise and sell the resident's mobile home. (4) (a) Increases in rent or fees for periodic tenancies are unenforceable until 60 days after notice of the increase is mailed to the resident. (b) If service charges are not included in the rent, the mobile home park may: (i) increase service charges during the leasehold period after giving notice to the resident; and (ii) pass through increases or decreases in electricity rates to the resident. (c) Annual income to the park for service charges may not exceed the actual cost to the mobile home park of providing the services on an annual basis. (d) In determining the costs of the services, the mobile home park may include maintenance costs related to those utilities that are part of the service charges. (e) The mobile home park may not alter the date on which rent, fees, and service charges are due unless the mobile home park provides a 60-day written notice to the resident before the date is altered. (5) (a) Beginning June 1, 2021, a mobile home park shall provide a conspicuous disclosure describing how the mobile home park calculated residents' charges for public utility services during the previous twelve-month billing period: (i) (A) to each resident; and (B) at least once each calendar year; or (ii) (A) in a prominent place on the premises of the mobile home park; and (B) that is updated when no longer accurate and at least once each calendar year. (b) The disclosure described in Subsection (5)(a) shall demonstrate how the charges for public utility services relate to: (i) the mobile home park's master-metered bill; (ii) utility infrastructure owned by the mobile home park owner or the owner's agent; and (iii) the applicable public utility's approved rates and terms of service. (c) Before June 1, 2021, upon written request from a resident, a mobile home park shall disclose the information described in Subsection (5)(a) for any billing period after May 12, 2020. (6) (a) Except as provided in Subsection (3)(b), a rule or condition of a lease that purports to prevent or unreasonably limit the sale of a mobile home belonging to a resident is void and unenforceable. (b) The mobile home park: (i) may reserve the right to approve the prospective purchaser of a mobile home who intends to become a resident; (ii) may not unreasonably withhold that approval; (iii) may require proof of ownership as a condition of approval; or (iv) may unconditionally refuse to approve any purchaser of a mobile home who does not register before purchasing the mobile home. (7) If all of the conditions of Section 41-1a-116 are met, a mobile home park may request the names and addresses of the lienholder or owner of any mobile home located in the park from the Motor Vehicle Division. (8) (a) A mobile home park may not restrict a resident's right to advertise for sale or to sell a mobile home. (b) A mobile home park may limit the size of a "for sale" sign affixed to the mobile home to not more than 144 square inches. (9) A mobile home park may not compel a resident who wishes to sell a mobile home to sell it, either directly or indirectly, through an agent designated by the mobile home park. (10) A mobile home park may require that a mobile home be removed from the park upon sale if: (a) the mobile home park wishes to upgrade the quality of the mobile home park; and (b) the mobile home either does not meet minimum size specifications or is in a rundown condition or is in disrepair. (11) Within 30 days after a mobile home park proposes reducing or restricting amenities, the mobile home park shall: (a) schedule at least one meeting for the purpose of discussing the proposed restriction or reduction of amenities with residents; and (b) provide at least 10 days advance written notice of the date, time, location, and purposes of the meeting to each resident. (12) If a mobile home park uses a single-service meter, the mobile home park owner shall include a full disclosure on a resident's utility bill of the resident's utility charges. (13) The mobile home park shall have a copy of this chapter posted at all times in a conspicuous place in a common area of the mobile home park.
Utah Code § 57-1-20 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-20
§ 57-1-20. Transfers in trust of real property -- Purposes -- Effect.
Status: in_force

Transfers in trust of real property may be made to secure the performance of an obligation of the trustor or any other person named in the trust deed to a beneficiary. All right, title, interest and claim in and to the trust property acquired by the trustor, or the trustor's successors in interest, subsequent to the execution of the trust deed, shall inure to the trustee as security for the obligation or obligations for which the trust property is conveyed as if acquired before execution of the trust deed.
Utah Code § 57-8-8.2 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-8.2
§ 57-8-8.2. Electric vehicle charging systems -- Restrictions -- Responsibilities.
Status: in_force

1/1/2027 (1) As used in this section: (a) "Charging system" means a device that is: (i) used to provide electricity to an electric or hybrid electric vehicle; and (ii) designed to ensure a safe connection between the electric grid and the vehicle. (b) "General electrical contractor" means the same as that term is defined in Section 58-55-202. (c) "Residential electrical contractor" means the same as that term is defined in Section 58-55-202. (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) a parking space: (i) assigned to the unit owner's unit; and (ii) used for the parking or storage of a vehicle or equipment; or (b) a limited common area parking space designated for the unit owner's exclusive use. (3) An association may: (a) require a unit owner to submit an application for approval of the installation of a charging system; (b) require the unit owner to agree in writing to: (i) hire a general electrical contractor or residential electrical contractor to install the charging system; or (ii) 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; (c) require a charging system to comply with: (i) the association's reasonable design criteria governing the dimensions, placement, or external appearance of the charging system; or (ii) applicable building codes; (d) impose a reasonable charge to cover costs associated with the review and permitting of a charging system; (e) impose a reasonable restriction on the installation and use of a charging system that does not significantly: (i) increase the cost of the charging system; or (ii) decrease the efficiency or performance of the charging system; or (f) require a unit owner to pay the costs associated with installation, metering, and use of the charging system, including the cost of: (i) electricity associated with the charging system; and (ii) 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. (4) A unit owner who installs a charging system shall disclose to a prospective buyer of the unit: (a) the existence of the charging system; and (b) the unit owner's related responsibilities under this section. (5) Unless the unit owner and the association or the declarant otherwise agree: (a) 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 (b) 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: (i) remove the charging system; and (ii) restore the premises to the condition before installation of the charging system.1/1/2027 (1) As used in this section: (a) "Charging system" means a device that is: (i) used to provide electricity to an electric or hybrid electric vehicle; and (ii) designed to ensure a safe connection between the electric grid and the vehicle. (b) "General electrical contractor" means the same as that term is defined in Section 58-55-202. (c) "Residential electrical contractor" means the same as that term is defined in Section 58-55-202. (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) a parking space: (i) assigned to the unit owner's unit; and (ii) used for the parking or storage of a vehicle or equipment; or (b) a limited common area parking space designated for the unit owner's exclusive use. (3) An association may: (a) require a unit owner to submit an application for approval of the installation of a charging system; (b) require the unit owner to agree in writing to: (i) hire a general electrical contractor or residential electrical contractor to install the charging system; or (ii) 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; (c) require a charging system to comply with: (i) the association's reasonable design criteria governing the dimensions, placement, or external appearance of the charging system; or (ii) applicable building codes; (d) impose a reasonable charge to cover costs associated with the review and permitting of a charging system; (e) impose a reasonable restriction on the installation and use of a charging system that does not significantly: (i) increase the cost of the charging system; or (ii) decrease the efficiency or performance of the charging system; or (f) require a unit owner to pay the costs associated with installation, metering, and use of the charging system, including the cost of: (i) electricity associated with the charging system; and (ii) 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. (4) A unit owner who installs a charging system shall disclose to a prospective buyer of the unit: (a) the existence of the charging system; and (b) the unit owner's related responsibilities under this section. (5) Unless the unit owner and the association or the declarant otherwise agree: (a) 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 (b) 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: (i) remove the charging system; and (ii) restore the premises to the condition before installation of the charging system.
Utah Code § 57-3-105 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-105
§ 57-3-105. Legal description of real property and names and addresses required in documents.
Status: in_force

(1) Except as otherwise provided by statute, if a document for recording does not conform to this section, a person may not present the document to the office of the recorder of the county for recording. (2) A document executed after July 1, 2022, is entitled to be recorded in the office of the recorder of the county in which the property described in the document is located only if the document contains a legal description of the real property in accordance with Subsection (4). (3) (a) A document conveying title to real property presented for recording after July 1, 2022, is entitled to be recorded in the office of the recorder of the county in which the property described in the document is located only if the document: (i) names the grantees and recites a mailing address to be used for assessment and taxation; and (ii) includes a legal description of the real property in accordance with Subsection (4). (b) The address of the management committee may be used as the mailing address of a grantee as required in Subsection (3)(a) if the interest conveyed is a timeshare interest as defined by Section 57-19-2. (4) A legal description required under this section and Section 17-71-402 shall include a description of the real property by: (a) metes and bounds; (b) a government survey that: (i) references the Public Land Survey System; and (ii) specifies the township, range, base and meridian, and section, with aliquot part or government lot, if applicable, of the real property; (c) if the real property consists of a mining claim: (i) the claim name; and (ii) if available, a state or federal agency serial number; or (d) (i) a lot, block, tract, parcel, or unit within a previously recorded plat or map; (ii) station and offset with reference to centerline; (iii) a centerline described using: (A) a bearing and distance; or (B) at least three elements of curve data; (iv) a point referenced to a corner of the Public Land Survey System or other controlling corner; or (v) a type of legal description not described in Subsections (4)(d)(i) through (iv) that meets the requirements described in Section 57-10-4 for a legal and satisfactory description of a land boundary. (5) Notwithstanding Subsections (2), (3), and (4), a master form, as defined in Section 57-3-201, that does not meet the requirements of Subsections (2) and (3) is entitled to be recorded in the office of the recorder of the county in which the property described in the master form is located if the master form complies with Part 2, Master Mortgage and Trust Deeds.
Utah Code § 57-8-9 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-9
§ 57-8-9. Certain work prohibited.
Status: in_force

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.
Utah Code § 57-10-8 — Utah Code / Title 57 / Chapter 57-10 / § 57-10-8
§ 57-10-8. Use of terms on maps and documents.
Status: in_force

(1) A document that identifies or uses a coordinate system shall clearly and completely identify the coordinate system used in accordance with Section 57-10-9. (2) A person who uses the term "Utah Coordinate System" on a map, report of survey, or other document shall use the term to reference the coordinate system, the coordinates, and the unit of measure. (3) A person who uses a coordinate system that is similar to the Utah Plane Coordinate System, including a system that uses a modified elevation datum, shall include the word "modified" in the title of the coordinate system. (4) A survey or map that is based on a modified coordinate system shall: (a) display the full title of the modified coordinate system, including the word "modified"; and (b) display the appropriate combined adjustment factor that relates the modified system to the Utah Plane Coordinate System.
Utah Code § 57-1-11 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-11
§ 57-1-11. Claimant out of possession may convey.
Status: in_force

Any person claiming title to any real estate may, notwithstanding there may be an adverse possession thereof, sell and convey the claimant's interest therein in the same manner and with the same effect as if the claimant were in the actual possession thereof.
Utah Code § 57-13b-201 — Utah Code / Title 57 / Chapter 57-13b / § 57-13b-201
§ 57-13b-201. Prescriptive easement for livestock trail.
Status: in_force

(1) A prescriptive easement may be established if: (a) a property owner uses an historical livestock trail that crosses another person's property for a period of 20 years; and (b) the use of the other owner's property as an historical livestock trail for the 20-year period described in Subsection (1)(a) is: (i) continuous; (ii) open and notorious; and (iii) adverse. (2) If a property owner establishes that a use is continuous and open and notorious under Subsections (1)(b)(i) and (ii), there is a rebuttable presumption that the use is adverse. (3) Notwithstanding Subsections (1) and (2), a prescriptive easement under this chapter may only be established on private lands.
Utah Code § 57-8a-303 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-303
§ 57-8a-303. Notice of nonjudicial foreclosure -- Limitations on nonjudicial foreclosure.
Status: in_force

(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 association shall deliver notice to the owner of the lot that is the intended subject of the nonjudicial foreclosure. (2) The notice under Subsection (1): (a) shall: (i) notify the lot owner that the association intends to pursue nonjudicial foreclosure with respect to the owner's lot to enforce the association's lien for an unpaid assessment; (ii) notify the lot owner of the owner's right to demand judicial foreclosure in the place of nonjudicial foreclosure; (iii) be in substantially the following form:"NOTICE OF NONJUDICIAL FORECLOSURE AND RIGHT TO DEMAND JUDICIAL FORECLOSUREThe (insert the name of the association), the association for the project in which your lot is located, intends to foreclose upon your lot and allocated interest in the common areas 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 57-8a-303 and 57-8a-304, and is being followed in order to enforce the association's lien against your lot and to collect the amount of an unpaid assessment against your lot, 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 lot for delinquent fines for a violation of the association's 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 may also include a claim for delinquent fines for a violation of the association's 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 lot,' 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 association's address for receipt of a demand)."; and (iv) be sent to the lot owner by certified mail, return receipt requested; and (b) may be included with other association correspondence to the lot owner. (3) An association may not use a nonjudicial foreclosure to enforce a lien if: (a) the association fails to provide notice in accordance with Subsection (1); (b) the lot owner mails the association a written demand for judicial foreclosure: (i) by U.S. mail, certified with a return receipt requested; (ii) to the address stated in the association's notice under Subsection (1); and (iii) within 30 days after the day on which the return receipt described in Subsection (2)(a)(iv) shows the association's notice under Subsection (1) is delivered; (c) the lien includes a fine described in Subsection 57-8a-301(1)(a)(iii); or (d) 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 57-8a-301(1)(a)(i) that is delinquent more than 180 days after the day on which the assessment is due.
Utah Code § 57-8-10.7 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-10.7
§ 57-8-10.7. Board action to enforce governing documents -- Parameters.
Status: in_force

(1) (a) 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: (i) whether to compromise a claim made by or against the management committee or the association of unit owners; and (ii) whether to pursue a claim for an unpaid assessment. (b) 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: (i) the association of unit owners' legal position does not justify taking any or further enforcement action; (ii) the covenant, restriction, or rule in the governing documents is likely to be construed as inconsistent with current law; (iii) (A) a technical violation has or may have occurred; and (B) the violation is not material as to a reasonable person or does not justify expending the association of unit owners' resources; or (iv) it is not in the association of unit owners' best interests to pursue an enforcement action, based upon hardship, expense, or other reasonable criteria. (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. (3) The management committee may not be arbitrary, capricious, or act against public policy in taking or not taking enforcement action. (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.
Utah Code § 57-8a-403 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-403
§ 57-8a-403. Property and liability insurance required -- Notice if insurance not reasonably available.
Status: in_force

(1) Beginning not later than the day on which the first lot is conveyed to a person other than a declarant, an association shall maintain, to the extent reasonably available: (a) subject to Section 57-8a-405, blanket property insurance or guaranteed replacement cost insurance on the physical structure of all attached dwellings, limited common areas appurtenant to a dwelling on a lot, and common areas in the project, insuring against all risks of direct physical loss commonly insured against, including fire and extended coverage perils; and (b) subject to Section 57-8a-406, 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. (2) If an association becomes aware that property insurance under Subsection (1)(a) or liability insurance under Subsection (1)(b) is not reasonably available, the association shall, within seven calendar days after becoming aware, give all lot owners notice, as provided in Section 57-8a-214, that the insurance is not reasonably available.
Utah Code § 57-21-13 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-13
§ 57-21-13. Disclosure of information.
Status: in_force

(1) Conciliation agreements and the director's determination and order are public records. (2) Subject to Subsection (3), neither the commission nor its staff may divulge or make public information gained from any investigation, settlement negotiation, conciliation, hearing, or administrative proceeding before the commission, except as follows: (a) Information used by the director in making any determination may be provided to all interested parties for the purpose of preparation for and participation in the investigation and any proceedings before the commission or court. (b) General statistical information may be disclosed provided identities of individuals or parties are not disclosed. (c) Information may be disclosed for inspection upon proper request by the attorney general or other legal representatives of the state or commission. (d) Information may be disclosed for information and reporting requirements of the federal government. (3) The commission or its staff may not divulge or make public any information gained from any investigation, settlement negotiation, conciliation, hearing, or administrative proceeding before the commission if a privacy interest entitled to protection by law exists or the commission determines that disclosure will not further the purposes of this chapter.
Utah Code § 57-29-201 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-201
§ 57-29-201. Title.
Status: in_force

This part is known as "License and Disclosure Requirements."
Utah Code § 57-28-205 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-205
§ 57-28-205. Costs and repayment.
Status: in_force

A lender may collect the following charges and fees in connection with the origination of a reverse mortgage: (1) the actual expenses that the lender incurs in originating and closing the reverse mortgage, including a mortgage broker's fee if the mortgage broker and the lender do not share any pecuniary interests; and (2) the actual amount that the lender paid for: (a) a recording fee; (b) a credit report; (c) a survey, if required by the lender or the borrower; (d) a title examination; (e) the lender's title insurance; and (f) an initial appraisal of the real property that secures the reverse mortgage.
Utah Code § 57-8a-501 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-501
§ 57-8a-501. Board.
Status: in_force

(1) A director shall be: (a) a natural person; and (b) 18 years old or older. (2) An association's bylaws may prescribe other qualifications for directors in addition to the requirements described in Subsection (1). (3) Without limiting the qualifications an association prescribes under Subsection (2), an association may, through governing documents or the board's internal procedures, disqualify an individual from serving as a director because the individual: (a) has been convicted of a felony; or (b) is a sex offender. (4) A director need not be a resident of this state or a unit owner in the association unless required by the association's bylaws. (5) Except as limited in a declaration, the association bylaws, or other provisions of this chapter, a board acts in all instances on behalf of the association.
Utah Code § 57-6-8 — Utah Code / Title 57 / Chapter 57-6 / § 57-6-8
§ 57-6-8. Improvements made by occupants of land granted to state.
Status: in_force

Any person having improvements on any real estate granted to the state in aid of any work of internal improvement, whose title thereto is questioned by another, may remove such improvements without injury otherwise to such real estate, at any time before the person is evicted therefrom, or the person may claim and have the benefit of this chapter by proceeding as herein directed.
Utah Code § 57-14-102 — Utah Code / Title 57 / Chapter 57-14 / § 57-14-102
§ 57-14-102. Definitions.
Status: in_force

As used in this chapter: (1) "Charge" means the admission price or fee asked in return for permission to enter or go upon the land. (2) "Child" means an individual who is 16 years old or younger. (3) (a) "Land" means any land within the state boundaries. (b) "Land" includes roads, railway corridors, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to the realty. (4) "Owner" means the possessor of any interest in the land, whether public or private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land. (5) "Person" includes any individual, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes. (6) "Recreational purpose" includes any of the following or any combination of the following: (a) hunting; (b) fishing; (c) swimming; (d) skiing; (e) snowshoeing; (f) camping; (g) picnicking; (h) hiking; (i) studying nature; (j) waterskiing; (k) engaging in water sports; (l) engaging in equestrian activities; (m) using boats; (n) mountain biking; (o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge; (p) using off-highway vehicles or recreational vehicles; (q) viewing or enjoying historical, archaeological, scenic, or scientific sites; (r) aircraft operations; (s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller skating, ice skating, walking, running, jogging, bike riding, or in-line skating; (t) rock climbing; (u) climbing a via ferrata route; (v) target shooting; or (w) any other similar activity or combination of similar activities. (7) "Serious physical injury" means any physical injury or set of physical injuries that: (a) seriously impairs a person's health; (b) was caused by use of a dangerous weapon as defined in Section 76-1-101.5; (c) involves physical torture or causes serious emotional harm to a person; or (d) creates a reasonable risk of death. (8) "Trespasser" means a person who enters on the land of another without: (a) express or implied permission; or (b) invitation.
Utah Code § 57-21-10 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-10
§ 57-21-10. Judicial election or formal adjudicative hearing.
Status: in_force

(1) (a) If, pursuant to Subsection 57-21-9(6) or (7)(b)(ii), the director issues a written determination, a party to the complaint may obtain de novo review of the determination by submitting a written request for a formal adjudicative hearing to be conducted by the commission's Division of Adjudication in accordance with Title 34A, Chapter 1, Part 3, Adjudicative Proceedings, to the director within 30 days after the day on which the director issues the determination. (b) If the director does not receive a timely request for review, the director's determination becomes the final order of the commission and is not subject to further agency action or direct judicial review. (2) If a party files a timely request for review pursuant to Subsection (1): (a) any party to the complaint may elect to have the de novo review take place in a civil action in the district court rather than in a formal adjudicative hearing with the Division of Adjudication by filing an election with the commission in accordance with rules established by the commission pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the form and time period for the election; (b) the complainant shall file a complaint for review in the forum selected pursuant to Subsection (2)(a) within 30 days after the completion of the forum selection process; and (c) the commission shall determine whether the director's determination is supported by substantial evidence. (3) (a) The commission shall provide legal representation on behalf of the aggrieved person, including the filing of a complaint for review as required by Subsection (2)(b), in the de novo review proceeding, if: (i) in accordance with Subsection 57-21-9(7)(b)(ii), the director issued a written determination finding reasonable cause to believe that a discriminatory housing practice had occurred, or was about to occur; and (ii) under Subsection (2)(c), the commission determines that the director's determination under 57-21-9(7)(b)(ii) is supported by substantial evidence. (b) An attorney who provides legal representation under Subsection (3)(a) shall consult with the parties in good faith and attempt to resolve the matter based upon a review of the facts, witnesses, evidence, and the likelihood of success. (c) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, the commission's determination, under Subsection (2)(c), regarding the existence or nonexistence of substantial evidence to support the director's determination is not subject to further agency action or direct judicial review. (4) Upon timely application, an aggrieved person may intervene with respect to the issues to be determined in a formal adjudicative hearing or in a civil action brought under this section. (5) If a formal adjudicative hearing is elected: (a) the presiding officer shall commence the formal adjudicative hearing within 150 days after the day on which a request for review of the director's determination is filed, unless it is impracticable to do so; (b) the investigator who investigated the matter may not participate: (i) in the formal adjudicative hearing, except as a witness; or (ii) in the deliberations of the presiding officer; (c) any party to the complaint may file a written request to the Division of Adjudication for review of the presiding officer's order in accordance with Section 63G-4-301 and Title 34A, Chapter 1, Part 3, Adjudicative Proceedings; and (d) a final order of the commission under this section is subject to judicial review as provided in Section 63G-4-403 and Title 34A, Chapter 1, Part 3, Adjudicative Proceedings. (6) If a civil action is elected, the commission is barred from continuing or commencing any adjudicative proceeding in connection with the same claims under this chapter. (7) (a) The commission shall make final administrative disposition of the complaint alleging a discriminatory housing practice within one year after the complainant filed the complaint, unless it is impracticable to do so. (b) If the commission is unable to make final administrative disposition within the time period described in Subsection (7)(a), the commission shall notify the complainant, respondent, and any other interested party in writing of the reasons for the delay.
Utah Code § 57-8a-223 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-223
§ 57-8a-223. Eminent domain -- Common area.
Status: in_force

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 is attributable to the common area; and (b) the association shall equally divide any portion of the award attributable to the taking of a limited common area among the owners of the lots to which the limited common area was allocated at the time of the taking; and (2) an association shall submit for recording to each applicable county recorder the court judgment or order in an eminent domain action that results in the taking of some or all of the common area.
Utah Code § 57-19-16 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-16
§ 57-19-16. Denial, revocation, or suspension of registration of salesperson -- Fine.
Status: in_force

(1) Subject to Section 57-19-17, if the division finds that an applicant or salesperson has engaged in an act described in Subsection (2), the division may: (a) deny an application for registration as a salesperson; (b) suspend or revoke an existing registration; or (c) impose a civil penalty not to exceed $5,000. (2) Subsection (1) applies if the division finds that the applicant or salesperson: (a) files, or causes to be filed, with the division a document that contains untrue or misleading information; (b) makes an untrue or misleading statement of material fact; (c) fails to state a material fact that is necessary in order to make the statements made not misleading in light of the circumstances under which the statements are made; (d) employs a device, scheme, or artifice to defraud, or engages in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; (e) subsequent to the effective date of registration as a salesperson, is: (i) convicted of: (A) a felony; or (B) a misdemeanor involving theft, fraud, or dishonesty; or (ii) enjoined from, assessed a civil penalty for, or found to have engaged in a violation of any law designed to protect consumers; (f) violates this chapter; (g) engages in an activity that constitutes dishonest dealing; or (h) engages in unprofessional conduct as defined by statute or rule made by the director.
Utah Code § 57-26-117 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-117
§ 57-26-117. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Utah Code § 57-23-8 — Utah Code / Title 57 / Chapter 57-23 / § 57-23-8
§ 57-23-8. Enforcement powers of division -- Cease and desist orders.
Status: in_force

(1) (a) If the director has reason to believe that any person has been or is engaging in conduct violating this chapter, or has violated any lawful order or rule of the division, the director shall issue and serve upon the person a cease and desist order. The director may also order the person to take whatever affirmative actions the director determines to be necessary to carry out the purposes of this chapter. (b) The person served with an order under Subsection (1)(a) may request an adjudicative proceeding within 10 days after receiving the order. The cease and desist order remains in effect pending the hearing. (c) The division shall follow the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, if the person served requests a hearing. (2) (a) After the hearing the director may issue a final order making the cease and desist order permanent if the director finds there has been a violation of this chapter. (b) If no hearing is requested and the person served does not obey the director's order, the director may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, in the name of the Department of Commerce and the Division of Real Estate to enjoin the person from violating this chapter. (3) The remedies and action provided in this section are not exclusive but are in addition to any other remedies or actions available under Section 57-23-10.
Utah Code § 57-19-7 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-7
§ 57-19-7. Prior permits.
Status: in_force

Any permit to market a development issued by the division before April 27, 1987, is considered to be an effective registration, but is subject to the renewal provisions of this chapter upon the anniversary date of the issuance of the original permit.
Utah Code § 57-1-21 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-21
§ 57-1-21. Trustees of trust deeds -- Qualifications.
Status: in_force

(1) (a) The trustee of a trust deed shall be: (i) any individual who is an active member of the Utah State Bar, or any entity in good standing that is organized to provide licensed professional legal services and employs an active member of the Utah State Bar, if the individual or entity is able to do business in the state and maintains an office in the state where the trustor or other interested parties may meet with the trustee to: (A) request information about what is required to reinstate or payoff the obligation secured by the trust deed; (B) deliver written communications to the lender as required by both the trust deed and by law; (C) deliver funds to reinstate or payoff the loan secured by the trust deed; or (D) deliver funds by a bidder at a foreclosure sale to pay for the purchase of the property secured by the trust deed; (ii) any depository institution as defined in Section 7-1-103, or insurance company authorized to do business and actually doing business in Utah under the laws of Utah or the United States; (iii) any corporation authorized to conduct a trust business and actually conducting a trust business in Utah under the laws of Utah or the United States; (iv) any title insurance company or agency that: (A) holds a certificate of authority or license under Title 31A, Insurance Code, to conduct insurance business in the state; (B) is actually doing business in the state; and (C) maintains a bona fide office in the state; (v) any agency of the United States government; or (vi) any association or corporation that is licensed, chartered, or regulated by the Farm Credit Administration or its successor. (b) For purposes of this Subsection (1), a person maintains a bona fide office within the state if that person maintains a physical office in the state: (i) that is open to the public; (ii) that is staffed during regular business hours on regular business days; and (iii) at which a trustor of a trust deed may in person: (A) request information regarding a trust deed; or (B) deliver funds, including reinstatement or payoff funds. (c) This Subsection (1) is not applicable to a trustee of a trust deed existing prior to May 14, 1963, nor to any agreement that is supplemental to that trust deed. (d) The amendments in Laws of Utah 2002, Chapter 209, to this Subsection (1) apply only to a trustee that is appointed on or after May 6, 2002. (e) For an entity that acts as a trustee under Subsection (1)(a)(i), only a member attorney of the entity who is currently licensed to practice law in the state may sign documents on behalf of the entity in the entity's capacity as trustee. (2) The trustee of a trust deed may not be the beneficiary of the trust deed, unless the beneficiary is qualified to be a trustee under Subsection (1)(a)(ii), (iii), (v), or (vi). (3) The power of sale conferred by Section 57-1-23 may only be exercised by the trustee of a trust deed if the trustee is qualified under Subsection (1)(a)(i) or (iv). (4) A trust deed with an unqualified trustee or without a trustee shall be effective to create a lien on the trust property, but the power of sale and other trustee powers under the trust deed may be exercised only if the beneficiary has appointed a qualified successor trustee under Section 57-1-22.
Utah Code § 57-26-108 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-108
§ 57-26-108. Enforcement by notification to assignor.
Status: in_force

(1) Upon the assignor's default, or as otherwise agreed by the assignor, the assignee may give the assignor a notification demanding that the assignor pay over the proceeds of any rents that the assignee is entitled to collect under Section 57-26-106. The assignee shall also give a copy of the notification to any other person that, 10 days before the notification date, held a recorded assignment of rents arising from the real property. (2) If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the assignor receives a notification under Subsection (1). (3) An assignee's failure to give a notification under Subsection (1) to any person holding a recorded assignment of rents does not affect the effectiveness of the notification as to the assignor, but the other person is entitled to any relief permitted under law of this state other than this chapter. (4) An assignee that holds a security interest in rents solely by virtue of Subsection 57-26-104(1) may not enforce the security interest under this section while the assignor occupies the real property as the assignor's primary residence.
Utah Code § 57-1-39 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-39
§ 57-1-39. Definitions.
Status: in_force

As used in Sections 57-1-40 and 57-1-44: (1) "Beneficiary" means the record owner of the beneficiary's interest under a trust deed, including successors in interest. (2) "Deliver" or "delivered" means by: (a) overnight delivery by a reputable carrier; (b) United States certified mail or express mail; (c) hand delivery with receipt acknowledged in writing; or (d) facsimile or electronic mail belonging to the beneficiary, mortgagee, or servicer. (3) "Mortgage" is as described in Section 57-1-14. (4) "Mortgagee" means the record owner of the mortgagee's interest under a mortgage, including a successor in interest. (5) "Satisfactory evidence of the full payment of the obligation secured by a trust deed or mortgage" means written information adequate, in the opinion of a title insurer or title agent, to establish that the obligation secured by the trust deed or mortgage has been paid in full. (6) "Servicer" means a person or entity that collects loan payments on behalf of a beneficiary or mortgagee. (7) "Title agent" means a title insurance producer licensed as an organization under Title 31A, Chapter 23a, Part 2, Producers and Consultants. (8) "Title insurer" means a title insurer authorized to conduct business in the state under Title 31A, Chapter 23a, Part 2, Producers and Consultants. (9) "Trust deed" is as defined in Subsection 57-1-19(3).
Utah Code § 57-1-30 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-30
§ 57-1-30. Sale of trust property by trustee -- Corporate stock evidencing water rights given to secure trust deed.
Status: in_force

Shares of corporate stock evidencing water rights used, intended to be used, or suitable for use on the trust property and which are hypothecated to secure an obligation secured by a trust deed may be sold with the trust property, or any part thereof, at the trustee's sale in the manner provided in this act.
Utah Code § 57-1-44 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-44
§ 57-1-44. Other sections not affected.
Status: in_force

Sections 57-1-39 through 57-1-43 do not excuse a beneficiary, mortgagee, trustee, secured lender, or servicer from complying with the provisions of Section 57-1-38.
Utah Code § 57-4a-2 — Utah Code / Title 57 / Chapter 57-4a / § 57-4a-2
§ 57-4a-2. Recorded document imparts notice of contents despite defects.
Status: in_force

A recorded document imparts notice of its contents regardless of any defect, irregularity, or omission in its execution, attestation, or acknowledgment. A certified copy of a recorded document is admissible as evidence to the same extent the original document would be admissible as evidence.
Utah Code § 57-26-119 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-119
§ 57-26-119. Application to existing relationships.
Status: in_force

(1) Except as otherwise provided in this section, this chapter governs the enforcement of an assignment of rents and the perfection and priority of a security interest in rents, even if the document creating the assignment was signed and delivered before May 12, 2009. (2) This chapter does not affect an action or proceeding commenced before May 12, 2009. (3) Subsection 57-26-104(1) of this chapter does not apply to any security instrument signed and delivered before May 12, 2009. (4) This chapter does not affect: (a) the enforceability of an assignee's security interest in rents or proceeds if, immediately before May 12, 2009, that security interest was enforceable; (b) the perfection of an assignee's security interest in rents or proceeds if, immediately before May 12, 2009, that security interest was perfected; or (c) the priority of an assignee's security interest in rents or proceeds with respect to the interest of another person if, immediately before May 12, 2009, the interest of the other person was enforceable and perfected, and that priority was established.
Utah Code § 57-16-6 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-6
§ 57-16-6. Action for lease termination -- Prerequisite procedure.
Status: in_force

A legal action to terminate a lease based upon a cause set forth in Section 57-16-5 may not be commenced except in accordance with the following procedure: (1) Before issuance of any summons and complaint, the mobile home park shall send or serve written notice to the resident or person: (a) by delivering a copy of the notice personally; (b) by sending a copy of the notice through registered or certified mail addressed to the resident or person at the person's place of residence; (c) if the resident or person is absent from the person's place of residence, by leaving a copy of the notice with some person of suitable age and discretion at the individual's residence and sending a copy through registered or certified mail addressed to the resident or person at the person's place of residence; or (d) if a person of suitable age or discretion cannot be found, by affixing a copy of the notice in a conspicuous place on the resident's or person's mobile home and also sending a copy through registered or certified mail addressed to the resident or person at the person's place of residence. (2) (a) The notice required by Subsection (1) shall set forth: (i) the cause for the notice and, if the cause is one which can be cured, the time within which the resident or person has to cure; and (ii) the time after which the mobile home park may commence legal action against the resident or person if cure is not effected. (b) In addition to the requirements described in Subsection (2)(a), the notice shall conform to the following: (i) in the event of failure to abide by a mobile home park rule, the notice shall provide for a cure period as provided in Subsections 57-16-5(1)(a) and (2), except in the case of repeated violations and, shall state that if a cure is not timely effected, or a written agreement made between the mobile home park and the resident allowing for a variation in the rule or cure period, eviction proceedings may be initiated immediately; (ii) if a resident, a member, or invited guest or visitor of the resident's household commits repeated violations of a rule, a summons and complaint may be issued three days after a notice is served; (iii) if a resident, a member, or invited guest or visitor of the resident's household behaves in a manner that threatens or substantially endangers the well-being, security, safety, or health of other persons in the park or threatens or damages property in the park, eviction proceedings may commence immediately; (iv) if a resident does not pay rent, fees, or service charges, the notice shall provide a five-day cure period and, that if cure is not timely effected, or a written agreement made between the mobile home park and the resident allowing for a variation in the rule or cure period, eviction proceedings may be initiated immediately; and (v) if a lease is terminated because of a planned change in land use or condemnation of the park or a portion of the park, the notice required by Section 57-16-18 serves as notice of the termination of the lease. (3) (a) Eviction proceedings commenced under this chapter and based on causes set forth in Subsections 57-16-5(1)(a), (b), and (e) shall be brought in accordance with the Utah Rules of Civil Procedure and may not be treated as unlawful detainer actions under Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer. (b) Eviction proceedings commenced under this chapter and based on causes of action set forth in Subsection 57-16-5(1)(c), (d), or (f) may, at the election of the mobile home park, be treated as an action brought under this chapter or under the unlawful detainer provisions of Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer. (c) If unlawful detainer is charged, the summons shall include the number of days within which the defendant is required to appear and defend the action, which shall not be less than five days or more than 21 days from the date of service.
Utah Code § 57-30-201 — Utah Code / Title 57 / Chapter 57-30 / § 57-30-201
§ 57-30-201. Prohibited residential property service agreements -- Recording -- Damages -- Actual or constructive notice.
Status: in_force

(1) (a) A residential property service agreement entered into after May 3, 2023, may not: (i) allow the services to be provided under the agreement to begin more than one year after the day on which the residential property service agreement is signed by all parties; (ii) indicate that the residential property service agreement: (A) runs with the land; (B) is binding on a future owner of an interest in the residential real estate that is the subject of the residential property service agreement; or (C) creates a lien, encumbrance, or other real property security interest; or (iii) allow for the assignment of the right to provide the services without notice to and agreement by the owner of the residential real estate that is the subject of the residential property service agreement. (b) A residential property service agreement that violates Subsection (1)(a): (i) is void; and (ii) does not provide actual or constructive notice to a bona fide purchaser or creditor. (2) (a) A person may not record or cause to be recorded: (i) a void residential property service agreement; or (ii) a notice or memorandum concerning a void residential property service agreement. (b) If a document is recorded in violation of Subsection (2)(a), a party with an interest in the residential real estate that is the subject of the void residential property service agreement may file a petition with a court of competent jurisdiction to recover actual damages from the person who violated Subsection (2)(a). (c) A document recorded in violation of Subsection (2)(a) may be a violation of Title 38, Chapter 9, Wrongful Lien Act.
Utah Code § 57-13-1 — Utah Code / Title 57 / Chapter 57-13 / § 57-13-1
§ 57-13-1. Definitions.
Status: in_force

As used in this act: (1) "Solar easement" means a right, whether or not stated in the form of restriction, easement, covenant, or conditions in any deed, will, or other instrument executed by or on behalf of any owner of land or solar skyspace for the purpose of ensuring adequate exposure of a solar energy system as defined herein. (2) "Solar energy system" means a system of apparatus and equipment capable of collecting and converting incident solar radiation into heat, or mechanical or electrical energy, and transferring these forms of energy by a separate apparatus to storage or to point of use, including, but not limited to, water heating, space heating or cooling, electric energy generation or mechanical energy generation. (3) "Passive solar system" means a system which uses structural elements of the building, to provide for collection, storage, and distribution of solar energy for heating or cooling. (4) "Solar skyspace" means the space between a solar energy collector and the sun which must remain unobstructed such that on any given clear day of the year, not more than 10% of the collectable insolation shall be blocked.
Utah Code § 57-1-48 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-48
§ 57-1-48. Conveyance by deed to a public entity.
Status: in_force

(1) Subject to Subsection (5), a grantor may convey real property by deed to a public entity, and a public entity may accept real property conveyed by deed from a grantor, as described in this section. (2) Real property conveyed to a public entity shall be conveyed by: (a) if the conveyance is between two public entities, recording a deed conveying real property; (b) if there is no purchaser for a property offered at a tax sale, complying with the procedure described in Section 59-2-1351.3; and (c) if the grantor is not a public entity: (i) recording a deed conveying real property along with a public entity affidavit that complies with Subsection (4); or (ii) recording a deed that has been notarized and signed by: (A) the grantor of the property; and (B) an authorized representative of the public entity. (3) A conveyance of real property by deed that is recorded in a county recorder's office after May 6, 2026, is voidable by the public entity intended to receive the real property until the earlier of the day on which: (a) a public entity affidavit approving the transfer is recorded; or (b) the deed conveying the real property is signed by an authorized employee or officer of the public entity. (4) A public entity affidavit shall be in substantially the following form:"PUBLIC ENTITY AFFIDAVITI, ___________(insert name), being of legal age and authorized by _____________ (name of public entity), hereafter "public entity," being first duly sworn, depose and state as follows:The public entity consents to the conveyance of real property by deed from ___________ (name of grantor(s)). By signing this Public Entity Affidavit, the public entity accepts the ownership of the real property described in the attached legal description.The public entity does not guarantee or provide an opinion as to the proper form or validity of any conveyance document related to the real property described in the attached legal description.This Public Entity Affidavit is intended to evidence that the public entity consents to ___________ (name of grantor(s)) conveying the real property described in the attached legal description to the public entity." (5) As used in this section, "public entity" does not include the Department of Transportation.
Utah Code § 57-17-2 — Utah Code / Title 57 / Chapter 57-17 / § 57-17-2
§ 57-17-2. Non-refundable deposit -- Written notice required.
Status: in_force

If there is a written agreement and if any part of the deposit is to be made non-refundable, it must be so stated in writing to the renter at the time the deposit is taken by the owner or designated agent.
Utah Code § 57-26-113 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-113
§ 57-26-113. Application of proceeds to expenses of protecting real property -- Claims and defenses of tenant.
Status: in_force

(1) Unless otherwise agreed by the assignee, and subject to Subsection (3), an assignee that collects rents following enforcement under Section 57-26-108 or 57-26-109 need not apply them to the payment of expenses of protecting or maintaining the real property subject to the assignment. (2) Unless a tenant has made an enforceable agreement not to assert claims or defenses, the right of the assignee to collect rents from the tenant is subject to the terms of the agreement between the assignor and tenant and any claim or defense arising from the assignor's nonperformance of that agreement. (3) This chapter does not limit the standing or right of a tenant to request a court to appoint a receiver for the real property subject to the assignment or to seek other relief on the ground that the assignee's nonpayment of expenses of protecting or maintaining the real property has caused or threatened harm to the tenant's interest in the property. Whether the tenant is entitled to the appointment of a receiver or other relief is governed by law of this state other than this chapter.
Utah Code § 57-16-9 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-9
§ 57-16-9. Lienholder's liability for rent and fees.
Status: in_force

(1) Notwithstanding Sections 38-3-2 and 70A-9a-402, the lienholder of record of a mobile home, or if there is no lienholder, the owner of a mobile home, is primarily liable to the mobile home park owner or operator for rent and service charges if a mobile home is not removed within 10 days after receipt of written notice that a mobile home has been abandoned, as defined in Section 57-16-13, or that a writ of restitution has been issued. The lienholder or owner of a mobile home, however, is only liable for rent that accrues from the day the lienholder or owner of a mobile home receives notice. Rent shall be paid on a monthly basis on the due date established in the lease agreement. The lienholder or owner of a mobile home is not responsible for any rent if the mobile home is removed within 10 days after receipt of the notice. (2) If the lienholder pays rent and service charges as provided by this section, the lienholder shall have the unconditional right to resell the mobile home within the park, subject to the purchaser being approved for residency by the park, which approval cannot be unreasonably withheld, and subject to Subsection (4). If the lienholder or owner of a mobile home does not commence paying rent and service charges to the mobile home park within 30 days after receipt of a written notice provided by Subsection (1), the mobile home park may require the lienholder or owner of a mobile home to remove the mobile home from the park and the lienholder or owner of a mobile home shall be liable for all rent which accrues from the date of the notice to the date the mobile home is removed from the park. (3) The notice required under Subsection (1) shall be sent to the lienholder or owner of a mobile home by certified mail, return receipt requested, and shall inform the lienholder or owner of a mobile home that the mobile home park may require the lienholder or owner of a mobile home to remove the mobile home from the park if the lienholder or owner of a mobile home has not commenced paying rent and service charges to the park within 30 days after receipt of the notice. (4) The mobile home park may require the lienholder to remove a mobile home covered by this section from the park if the mobile home, at the time of sale, is in rundown condition or disrepair, if the mobile home does not meet the park's minimum size specifications, or if the mobile home does not comply with reasonable park rules. The lienholder shall have 60 days to make repairs and comply with park rules after notice of required repairs and rule violations is given to the lienholder by the park owner or its agent. (5) If a lienholder or owner of a mobile home does not commence paying rent and service charges to the park within 30 days after receipt of a written notice provided under Subsection (1), and if the lienholder or owner of a mobile home does not remove the mobile home from the park within the 30-day period, the park has the right to immediately remove the mobile home from the park and store it on behalf of the lienholder or owner of a mobile home. The mobile home park has the right to recover moving and storage costs from the lienholder or owner of a mobile home. (6) The prevailing party is entitled to court costs and reasonable attorney fees for any action commenced to enforce any rights under this section. (7) If a lienholder pays rent and service charges as provided in Subsection (2), the mobile home is not considered abandoned under Section 57-16-13; however, the personal property in the mobile home is considered abandoned.
Utah Code § 57-11-5 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-5
§ 57-11-5. Registration, public offering statement, and receipt required for sale of subdivided land -- Temporary permit -- Right of rescission.
Status: in_force

Unless the subdivided lands or the transaction is exempt under Section 57-11-4, all of the following apply: (1) No person may offer or dispose of any interest in subdivided lands located in this state nor offer or dispose in this state of any interest in subdivided lands located outside of this state prior to the time the subdivided lands are registered in accordance with this chapter. (2) Notwithstanding Subsection (1), the division may grant a temporary permit allowing the developer to begin a sales program while the registration is in process. In order to obtain a temporary permit the developer must: (a) submit an application to the division for a temporary permit in the form required by the division; (b) submit a substantially complete application for registration to the division, including all appropriate fees and exhibits required under Sections 57-11-6 and 57-11-7 in addition to a temporary permit fee of $100; (c) provide evidence acceptable to the division that all funds received by the developer or marketing agent will be placed into an independent escrow with instructions that funds will not be released until a final registration has been granted; (d) give to each purchaser and potential purchaser a copy of the proposed property report which the developer has submitted to the division with the original application; and (e) give to each purchaser the opportunity to rescind the purchase in accordance with this section. The purchaser must be granted an additional opportunity to rescind upon the issuance of an approved registration if the division determines that there is a substantial difference in the disclosures contained in the final property report and those given to the purchaser in the proposed property report. (3) Any contract or agreement of disposition for an interest in subdivided lands may be rescinded by the purchaser without cause by midnight of the fifth calendar day after the execution of the contract or agreement of disposition. This right of rescission may not be waived by agreement. The contract or agreement of disposition shall state in boldface type on the signature page above all signatures: YOU HAVE THE OPTION TO CANCEL YOUR CONTRACT OR AGREEMENT OF DISPOSITION BY NOTICE TO THE SELLER UNTIL MIDNIGHT OF THE FIFTH CALENDAR DAY FOLLOWING THE SIGNING OF THE CONTRACT OR AGREEMENT. WRITTEN NOTICE OF CANCELLATION MUST BE PERSONALLY DELIVERED OR SENT BY CERTIFIED MAIL, POSTMARKED BY MIDNIGHT OF THE FIFTH CALENDAR DAY FOLLOWING THE SIGNING OF THE CONTRACT OR AGREEMENT, TO THE SELLER AT: (Address of Seller). (4) No person may dispose of any interest in subdivided lands without delivering to the purchaser an effective, current public offering statement and obtaining a dated, signed receipt for the public offering statement in a form to be approved by the division from each purchaser. The subdivider shall retain each receipt for two years from the date of its execution. All receipts shall be made available for inspection upon request by the division. Failure to comply with this subsection shall not constitute a cause of action under Section 57-11-17 but shall be grounds for appropriate action by the division under Sections 57-11-13 and 57-11-14.
Utah Code § 57-3-107 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-107
§ 57-3-107. Unenforceable covenants -- Definition -- Inclusion in recorded document.
Status: in_force

(1) As used in this chapter, "unenforceable covenant" means a restriction on alienation of real property, whether recited in a document to be recorded under this chapter, or recited in a document of record under this chapter, which is based on race, gender, national origin, marital status, or a similar classification determined to be unenforceable under state or federal law. (2) A document which recites an unenforceable covenant may be recorded as provided in this chapter. (3) Any unenforceable covenant recited in a document to be recorded under this chapter or recited in a document of record is considered void, but does not invalidate the remainder of the document.
Utah Code § 57-1-40.5 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-40.5
§ 57-1-40.5. Partial reconveyance of trust deed or release of mortgage -- Procedures -- Forms.
Status: in_force

(1) (a) If a trustor or mortgagor pledges more than one parcel of real property as collateral under a trust deed or mortgage, the beneficiary, mortgagee, or servicer may agree for a sum certain to release a portion of the real property pledged on the trust deed or mortgage when a sum certain is paid. (b) When the sum certain is paid, a title insurer or title agent may partially convey a trust deed or partially release a mortgage in accordance with the provisions of Subsections (2) through (6) if: (i) the sum certain that is part of the obligation secured by the trust deed or mortgage has been paid by the title insurer or title agent to release or reconvey a portion of the real property pledged as collateral; or (ii) the title insurer or title agent possesses satisfactory evidence of the payment of the sum certain thus authorizing release or reconveyance of a portion of the real property pledged. (2) A title insurer or title agent may partially reconvey a trust deed or partially release a mortgage under Subsection (1) regardless of whether the title insurer or title agent is named as a trustee under a trust deed or has the authority to release a mortgage. (3) At the time the obligation secured by the trust deed or mortgage is paid as required by Subsection (1), or at any later time, the title insurer or title agent shall deliver a notice of intent to partially release or partially reconvey, and a copy of the partial release or partial reconveyance that is to be recorded, as described in Subsection (4), to the beneficiary, mortgagee, or servicer at: (a) the address specified in the trust deed or mortgage; (b) any address for the beneficiary or mortgagee specified in the last recorded assignment of the trust deed or mortgage; (c) any address for the beneficiary, mortgagee, or servicer specified in a request for notice recorded under Section 57-1-26; or (d) the address shown on any payoff statement received by the title insurer or agent from the beneficiary, mortgagee, or servicer. (4) The notice of intent to partially release or partially reconvey shall: (a) contain the name of: (i) the beneficiary or mortgagee; (ii) the servicer, if any; (iii) the title insurer or title agent; (b) contain the date; and (c) be substantially in the following form:NOTICE OF INTENT TO PARTIALLY RELEASE OR PARTIALLY RECONVEYNotice is hereby given to you as follows:1. This notice concerns the (trust deed or mortgage) described as follows:(Trustor or Mortgagor):___________________________________________________(Beneficiary or Mortgagee):_______________________________________________Recording Information:___________________________________________________Entry Number:__________________________________________________________Book Number:__________________________________________________________Page Number:__________________________________________________________2. To release only a portion of the real property pledged as collateral, the undersigned claims to have paid or possess satisfactory evidence of the payment of a sum certain necessary to release or reconvey a specific portion of the real property pledged as collateral under the mortgage or trust deed.3. Within 60 days after the date stated on this notice, the undersigned will partially release the mortgage or partially reconvey the trust deed described in this notice unless the undersigned receives by certified mail a notice stating that the sum certain that is part of the obligation secured by the trust deed or mortgage has not been paid or that you otherwise object to the partial release of the mortgage or the partial reconveyance of the trust deed. Notice shall be mailed to the address stated on this form.4. A copy of the partial release of mortgage or partial reconveyance of trust deed is enclosed with this Notice. (Signature of title insurer or title agent) (Address of title insurer or title agent) (5) (a) If, within 60 days after the day on which the title insurer or title agent delivered the notice of intent to partially release or partially reconvey in accordance with Subsections (3) and (4), a partial reconveyance of trust deed or partial release of mortgage is not recorded, and the beneficiary, mortgagee, or servicer does not send by certified mail to the title insurer or title agent a notice that the obligation secured by the trust deed or mortgage has not been paid or that the beneficiary, mortgagee, or servicer objects to the partial release of the mortgage or partial reconveyance of the trust deed, the title insurer or title agent may execute, acknowledge, and record a partial reconveyance of a trust deed or partial release of a mortgage. (b) A partial reconveyance of a trust deed under Subsection (5)(a) shall be in substantially the following form:PARTIAL RECONVEYANCE OF TRUST DEED(Name of title insurer or title agent), a (title insurer or title agent) authorized to conduct business in the state reconveys, without warranty, only on the following trust property located in (name of county) County, state of Utah, that is covered by a trust deed naming (name of trustor) as trustor, and (name of beneficiary) as beneficiary and was recorded on (date) in Book __________ at Page _________ as Entry Number ________: (insert a description of the specific trust property to be reconveyed.)The undersigned title insurer or title agent certifies as follows:1. To release only this portion of the real property pledged as collateral, the undersigned has paid or possesses satisfactory evidence of the payment of a sum certain necessary to reconvey a specific portion of the real property pledged as collateral under the trust deed.2. In accordance with the requirements of Utah Code Subsections 57-1-40.5(3) and (4), the title insurer or title agent delivered to the beneficiary or servicer, a notice of intent to partially release or partially reconvey and a copy of the partial reconveyance.3. The trust deed has not been reconveyed, as to this property, and the title insurer or title agent did not receive, within 60 days after the day the title insurer or title agent delivered the notice of intent to partially release or partially reconvey, a notice from the beneficiary or servicer sent by certified mail stating the sum certain necessary to reconvey a specific portion of the real property pledged as collateral under the trust deed or that the beneficiary or servicer objects to the partial reconveyance of the trust deed._________________________________________________________(Notarization)(Signature of title insurer or title agent) (c) A release of a mortgage under Subsection (5)(a) shall be in substantially the following form:PARTIAL RELEASE OF MORTGAGE(Name of title insurer or title agent), a (title insurer or title agent) authorized to conduct business in the state partially releases the mortgage only on the following property located in (name of county) County, state of Utah, that is covered by a mortgage naming (name of mortgagor) as mortgagor, and (name of mortgagee) as mortgagee and was recorded on (date) in Book _____ at Page ______ as Entry Number _______: (insert a description of the specific property.)The undersigned title insurer or title agent certifies as follows:1. To release only this portion of the real property pledged as collateral, the undersigned has paid or possesses satisfactory evidence of the payment of a sum certain necessary to release a specific portion of the real property pledged as collateral under the mortgage.2. In accordance with the requirements of Utah Code Subsections 57-1-40.5(3) and (4), the title insurer or title agent delivered to the mortgagee or servicer, a notice of intent to partially release or partially reconvey and a copy of the partial release.3. The trust deed has not been released, as to this property, and the title insurer or title agent did not receive, within 60 days after the day the title insurer or title agent delivered the notice of intent to partially release or partially reconvey, a notice from the beneficiary or servicer sent by certified mail stating the sum certain necessary to release a specific portion of the real property pledged as collateral under the mortgage or that the mortgagee or servicer objects to the partial release of the mortgage._________________________________________________________(Notarization)(Signature of title insurer or title agent) (d) (i) A partial release of mortgage or partial reconveyance of trust deed that is executed or notarized in accordance with Subsection (5)(b) or (c) is entitled to be recorded. (ii) (A) Except as provided in Subsection (5)(d)(ii)(B), a partial reconveyance of a trust deed or partial release of a mortgage that is recorded under Subsection (5)(d)(i) is valid regardless of any deficiency in the partial release or reconveyance procedure not disclosed in the partial release of mortgage or partial reconveyance of trust deed. (B) If the title insurer's or title agent's signature on a partial release of mortgage or partial reconveyance of trust deed recorded under Subsection (5)(d)(ii)(A) is forged, the partial release of the mortgage or partial reconveyance of trust deed is void. (6) A partial release of mortgage or partial reconveyance of trust deed under this section does not, by itself, discharge any promissory note or other obligation secured by the trust deed or mortgage at the time the trust deed is partially reconveyed or the mortgage is partially released.
Utah Code § 57-1-12 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-12
§ 57-1-12. Form of warranty deed -- Effect.
Status: in_force

(1) Conveyances of land may be substantially in the following form:WARRANTY DEED____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and warrants to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises).Witness the hand of said grantor this __________(month\day\year). (2) A warranty deed when executed as required by law shall have the effect of a conveyance in fee simple to the grantee, the grantee's heirs, and assigns: (a) of the premises named in the warranty deed; (b) of all the appurtenances, rights, and privileges belonging to the premises named in the warranty deed; and (c) with covenants from the grantor, the grantor's heirs, and personal representatives, that: (i) the grantor lawfully owns fee simple title to and has the right to immediate possession of the premises; (ii) the grantor has good right to convey the premises; (iii) the grantor guarantees the grantee, the grantee's heirs, and assigns in the quiet possession of the premises; (iv) the premises are free from all encumbrances; and (v) the grantor, the grantor's heirs, and personal representatives will forever warrant and defend the title of the premises in the grantee, the grantee's heirs, and assigns against all lawful claims whatsoever. (3) Any exception to the covenants described in Subsection (2)(c) may be briefly inserted in the warranty deed following the description of the land.
Utah Code § 57-13a-103 — Utah Code / Title 57 / Chapter 57-13a / § 57-13a-103
§ 57-13a-103. Notice of easement.
Status: in_force

The holder of an easement established as provided by Section 57-13a-102 may file a notice describing the easement in the office of the county recorder of each county in which the easement or a portion of the easement is located.
Utah Code § 57-8a-802 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-802
§ 57-8a-802. Electric vehicle charging systems -- Restrictions -- Responsibilities.
Status: in_force

(1) Notwithstanding any provision in an association's governing documents to the contrary, an association may not prohibit a lot owner from installing or using a charging system in: (a) a parking space: (i) on the lot owner's lot; and (ii) used for the parking or storage of a vehicle or equipment; or (b) a limited common area parking space designated for the lot owner's exclusive use. (2) An association may: (a) require a lot owner to submit an application for approval of the installation of a charging system; (b) require the lot owner to agree in writing to: (i) hire a general electrical contractor or residential electrical contractor to install the charging system; or (ii) 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; (c) require a charging system to comply with: (i) the association's reasonable design criteria governing the dimensions, placement, or external appearance of the charging system; or (ii) applicable building codes; (d) impose a reasonable charge to cover costs associated with the review and permitting of a charging system; (e) impose a reasonable restriction on the installation and use of a charging system that does not significantly: (i) increase the cost of the charging system; or (ii) decrease the efficiency or performance of the charging system; or (f) require a lot owner to pay the costs associated with installation, metering, and use of the charging system, including the cost of: (i) electricity associated with the charging system; and (ii) damage to a general common area, a limited common area, or an area subject to the exclusive use of another lot owner that results from the installation, use, maintenance, repair, removal, or replacement of the charging system. (3) A lot owner who installs a charging system shall disclose to a prospective buyer of the lot: (a) the existence of the charging system; and (b) the lot owner's related responsibilities under this section. (4) Unless the lot owner and the association or the declarant otherwise agree: (a) a charging system installed under this section is the personal property of the lot owner of the lot with which the charging system is associated; and (b) a lot owner who installs a charging system shall, before transferring ownership of the owner's lot, unless the prospective buyer of the lot accepts ownership and all rights and responsibilities that apply to the charging system under this section: (i) remove the charging system; and (ii) restore the premises to the condition before installation of the charging system.