Utah Code § 57-13c-108 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-108
§ 57-13c-108. Relocation affidavit.
Status: in_force

(1) If an order under Section 57-13c-105 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall: (a) record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and (b) send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action. (2) Until an affidavit under Subsection (1) is recorded and sent, the easement holder may enter, use, and enjoy the easement in the current location, subject to the court's order under Section 57-13c-105 approving relocation. (3) If an order under Section 57-13c-105 does not require an improvement to be constructed as a condition of the relocation, recording the order under Subsection 57-13c-105(4) constitutes relocation.
Utah Code § 57-8-3 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-3
§ 57-8-3. Definitions.
Status: in_force

As used in this chapter: (1) "Assessment" means any charge that the association imposes, including: (a) common expenses on or against a unit owner in accordance with the provisions of the declaration, bylaws, or this chapter; and (b) an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). (2) "Association of unit owners" or "association" means all of the unit owners: (a) acting as a group in accordance with the declaration and bylaws; or (b) organized as a legal entity in accordance with the declaration. (3) "Building" means a building, containing units, and comprising a part of the property. (4) "Commercial condominium project" means a condominium project that has no residential units within the project. (5) "Common areas and facilities" unless otherwise provided in the declaration or lawful amendments to the declaration means: (a) the land included within the condominium project, whether leasehold or in fee simple; (b) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of the building; (c) the basements, yards, gardens, parking areas, and storage spaces; (d) the premises for lodging of janitors or persons in charge of the property; (e) installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating; (f) the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use; (g) such community and commercial facilities as may be provided for in the declaration; and (h) all other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use. (6) "Common expenses" means: (a) all sums lawfully assessed against the unit owners; (b) expenses of administration, maintenance, repair, or replacement of the common areas and facilities; (c) expenses agreed upon as common expenses by the association of unit owners; and (d) expenses declared common expenses by this chapter, or by the declaration or the bylaws. (7) "Common profits," unless otherwise provided in the declaration or lawful amendments to the declaration, means the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after the deduction of the common expenses. (8) "Condominium" means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. (9) "Condominium plat" means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. (10) (a) "Condominium project" means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. (b) "Condominium project" includes the property when the context so requires. (11) (a) "Condominium unit" means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. (b) "Condominium unit" includes both a physical unit together with the physical unit's appurtenant undivided interest in the common areas and facilities and a time period unit together with the time period unit's appurtenant undivided interest, unless the term is specifically limited to a time period unit. (12) (a) "Contractible condominium" means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this chapter. (b) "Contractible condominium" does not include a condominium project where the withdrawal described in Subsection (12)(a) can occur only by the expiration or termination of one or more leases. (13) "Convertible land" means a building site which is a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this chapter. (14) "Convertible space" means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. (15) (a) "Declarant" means all persons who execute the declaration or on whose behalf the declaration is executed. (b) "Declarant" includes: (i) a person that executes an amendment to the declaration expanding an expandable condominium; (ii) a person on whose behalf a person executes an amendment described in Subsection (15)(b)(i); and (iii) a successor of a person described in Subsection (15)(a) that comes to stand in the same relation to the condominium project as the person's predecessor. (16) "Declaration" means the instrument by which the property is submitted to the provisions of this chapter, as the declaration from time to time may be lawfully amended. (17) "Electrical corporation" means the same as that term is defined in Section 54-2-1. (18) "Expandable condominium" means a condominium project to which additional land or an interest in the condominium project may be added in accordance with the declaration and this chapter. (19) "Gas corporation" means the same as that term is defined in Section 54-2-1. (20) "Governing documents": (a) means a written instrument by which an association of unit owners may: (i) exercise powers; or (ii) manage, maintain, or otherwise affect the property under the jurisdiction of the association of unit owners; and (b) includes: (i) articles of incorporation; (ii) bylaws; (iii) a plat; (iv) a declaration of covenants, conditions, and restrictions; and (v) rules of the association of unit owners. (21) "Independent third party" means a person that: (a) is not related to the unit owner; (b) shares no pecuniary interests with the unit owner; and (c) purchases the unit in good faith and without the intent to defraud a current or future lienholder. (22) "Judicial foreclosure" means a foreclosure of a unit: (a) for the nonpayment of an assessment; (b) in the manner provided by law for the foreclosure of a mortgage on real property; and (c) as provided in this chapter. (23) (a) "Leasehold condominium" means a condominium project in all or any portion of which each unit owner owns an estate for years in the unit owner's unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. (b) "Leasehold condominium" does not include a condominium project including leased land, or an interest in the land, upon which no units are situated or to be situated. (24) "Limited common areas and facilities" means the common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. (25) "Majority" or "majority of the unit owners," unless otherwise provided in the declaration or lawful amendments to the declaration, means the owners of more than 50% in the aggregate in interest of the undivided ownership of the common areas and facilities. (26) "Management committee" means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. (27) "Management committee meeting" means a gathering of a management committee, whether in person or by means of electronic communication, at which the management committee can take binding action. (28) "Manager" means a person with whom the management committee enters into a contract for the person to: (a) provide administrative or financial services for the association; or (b) act on behalf of the association in accordance with this chapter. (29) (a) "Means of electronic communication" means an electronic system that allows individuals to communicate orally in real time. (b) "Means of electronic communication" includes: (i) web conferencing; (ii) video conferencing; and (iii) telephone conferencing. (30) "Mixed-use condominium project" means a condominium project that has both residential and commercial units in the condominium project. (31) "Nonjudicial foreclosure" means the sale of a unit: (a) for the nonpayment of an assessment; (b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and (c) as provided in this chapter. (32) "Par value" means a number of dollars or points assigned to each unit by the declaration in accordance with the following: (a) the declaration shall assign substantially identical units the same par value; (b) units located at substantially different heights above the ground, or having substantially different views, or having substantially different amenities or other characteristics that might result in differences in market value, may be considered substantially identical for purposes of Subsection (32)(a); and (c) if the declaration states par value in terms of dollars: (i) the dollar amount may not be considered to reflect or control the sales price or fair market value of a unit; and (ii) an opinion, an appraisal, or a fair market transaction at a different figure may not affect: (A) the par value of a unit; or (B) an undivided interest in the common areas and facilities, voting rights in the unit owners' association, liability for common expenses, or right to common profits, that the declaration assigns on the basis of the par value. (33) "Period of administrative control" means the period of control described in Subsection 57-8-16.5(1). (34) "Person" means an individual, corporation, partnership, association, trustee, or other legal entity. (35) "Political sign" means a sign or document that advocates for: (a) the election or defeat of a candidate for public office; or (b) the approval or defeat of a ballot proposition. (36) "Property" means: (a) the land, whether leasehold or in fee simple; (b) the building, if any; (c) all improvements and structures on the land; (d) all easements, rights, and appurtenances belonging to the land; and (e) all articles of personal property intended for use in connection with the land. (37) "Protected area" means the same as that term is defined in Section 53-29-306. (38) "Record," "recording," "recorded," and "recorder" mean the same as the terms are defined in Chapter 3, Recording of Documents. (39) "Rentals" or "rental unit" means: (a) a unit that: (i) is not owned by an entity or trust; and (ii) an individual occupies while the unit owner is not occupying the unit as the unit owner's primary residence; or (b) an occupied unit that an entity or trust owns, regardless of who occupies the unit. (40) (a) "Size" means the number of cubic feet, or the number of square feet of ground or floor space, within a unit as computed by reference to the record of survey map and rounded off to a whole number. (b) "Size" does not include the following within a unit, if when making the calculation described in Subsection (40)(a), the following are omitted or partially discounted by the use of a ratio, the same basis of calculation is employed for all units in the condominium project, and that basis is described in the declaration: (i) an attic; (ii) a basement; or (iii) a garage space. (41) "Time period unit" means an annually recurring part or parts of a year specified in the declaration as a period for which a unit is separately owned and includes a timeshare estate as that term is defined in Section 57-19-2. (42) "Unconstructed unit" means a unit that: (a) is intended, as depicted in the condominium plat, to be fully or partially contained in a building; and (b) is not constructed. (43) (a) "Unit" means a separate part of the property intended for any type of independent use, which is created by the recording of a declaration and a condominium plat that describes the unit boundaries. (b) "Unit" includes: (i) one or more rooms or spaces located in one or more floors or a portion of a floor in a building; and (ii) a convertible space, in accordance with Subsection 57-8-13.4(3). (44) "Unit number" means the number, letter, or combination of numbers and letters designating the unit in the declaration and in the record of survey map. (45) "Unit owner" means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. (46) "Water wise landscaping" means: (a) installation of plant materials, suited to the microclimate and soil conditions, that can: (i) remain healthy with minimal irrigation once established; or (ii) be maintained without the use of overhead spray irrigation; (b) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or (c) use of other landscape design features that: (i) minimize the landscape's need for supplemental water from irrigation; (ii) reduce the landscape area dedicated to lawn or turf; or (iii) encourage vegetative coverage. (47) "Water wise plant material" means a plant material suited to water wise landscaping.
Utah Code § 57-11-13 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-13
§ 57-11-13. 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 and may also order the person to take such affirmative actions the director determines will carry out the purposes of this chapter. (b) The person served may request an adjudicative proceeding within 10 days after receiving the order. (c) The cease and desist order remains in effect pending the hearing. (d) 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 an 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 shall 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 may not interfere with or prevent the prosecution of any other remedies or actions including criminal prosecutions.
Utah Code § 57-8-1 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-1
§ 57-8-1. Short title.
Status: in_force

This act shall be known and may be cited as the "Condominium Ownership Act."
Utah Code § 57-13c-105 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-105
§ 57-13c-105. Required findings -- Order -- Recording of relocated easement.
Status: in_force

(1) The court may not approve relocation of an easement under this chapter unless the servient estate owner: (a) establishes that the easement is eligible for relocation under Section 57-13c-102; and (b) satisfies the conditions for relocation under Section 57-13c-103. (2) An order under this chapter approving relocation of an easement shall: (a) state that the order is issued in accordance with this chapter; (b) recite the recording data of the instrument creating the easement, if any, and any amendments and any notice under Chapter 9, Marketable Record Title; (c) identify the immediately preceding location of the easement; (d) describe in a legally sufficient manner the new location of the easement; (e) describe mitigation required of the servient estate owner during relocation; (f) refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; (g) specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location; (h) include a provision for payment by the servient estate owner of expenses under Section 57-13c-106; (i) include a provision for compliance by the parties with the obligation of good faith under Section 57-13c-107; and (j) instruct the servient estate owner to record an affidavit, if required under Subsection 57-13c-108(1), when the servient estate owner substantially completes relocation. (3) An order under Subsection (2) may include any other provision consistent with this chapter for the fair and equitable relocation of the easement. (4) (a) Before a servient estate owner proceeds with relocation of an easement under this chapter, the servient estate owner shall: (i) record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under Subsection (2); or (ii) if the easement was established by the recording of a subdivision plat or a condominium plat, record an amended plat in the land records for the jurisdiction where the servient estate is located. (b) If a servient estate owner is required to record an amended plat under Subsection (4)(a)(ii): (i) the servient estate owner is not required to obtain the signatures on the amended plat of the other property owners within the platted area or provide notice of the amended plat; and (ii) the applicable land use authority is not required to hold a public hearing or consider the amended plat in a public meeting if the easement relocation is the only amendment to the plat. (c) If a public entity is required to sign an amended plat, the public entity shall sign the amended plat for compliance with the order under Subsection (2).
Utah Code § 57-19-23 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-23
§ 57-19-23. Prosecution.
Status: in_force

The director may refer any available evidence concerning violations of this chapter or of any rule or order under this chapter to the attorney general or the proper prosecuting attorney, who may, in the attorney's discretion, with or without such a referral, institute the appropriate civil or criminal proceedings under this chapter.
Utah Code § 57-8a-225 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-225
§ 57-8a-225. Association's right to pay delinquent utilities.
Status: in_force

(1) Upon request in accordance with Subsection (2), at least 10 days before the day on which an electrical corporation or a gas corporation discontinues service to a lot, the electrical corporation or gas corporation shall give the association: (a) written notice that the electrical corporation or gas corporation will discontinue service to the lot; and (b) an opportunity to pay any delinquent charges and maintain service to the lot. (2) An association may request the notice and opportunity to pay described in Subsection (1) by sending a written request to the electrical corporation or gas corporation that includes: (a) the address of each lot in the association; (b) the association's name, mailing address, phone number, and email address; and (c) the address where the electrical corporation or gas corporation may send notices. (3) If, after an electrical corporation or a gas corporation sends a written notice described in Subsection (1) to an association and the association does not pay the delinquent charges within 10 days after the day on which the electrical corporation or gas corporation sends the notice, the electrical corporation or gas corporation may discontinue service to the lot. (4) An association may collect any payment to an electrical corporation or a gas corporation under this section as an assessment in accordance with Section 57-8a-301. (5) (a) If, after an association receives a written notice described in Subsection (1), the association decides not to pay the delinquent charges, the association may, if permitted by the association's governing documents, and after reasonable notice to the lot owner: (i) enter the lot; and (ii) winterize the lot. (b) A person who enters a lot in accordance with Subsection (5)(a) is not liable for trespass. (c) An association may charge a lot owner an assessment for the actual and reasonable costs of winterizing a lot in accordance with this Subsection (5).
Utah Code § 57-13a-104 — Utah Code / Title 57 / Chapter 57-13a / § 57-13a-104
§ 57-13a-104. Abandonment of prescriptive easement for water conveyance.
Status: in_force

(1) A holder of a prescriptive easement for a water conveyance established under Section 57-13a-102 may, in accordance with this section, abandon all or part of the easement. (2) (a) A holder of a prescriptive easement for a water conveyance established under Section 57-13a-102 who seeks to abandon the easement or part of the easement shall, in each county where the easement or part of the easement is located, file in the office of the county recorder a notice of intent to abandon the prescriptive easement that describes the easement or part of the easement to be abandoned. (b) A county recorder who receives a notice of intent to abandon a prescriptive easement shall: (i) publish copies of the notice for the area generally served by the water conveyance that utilizes the easement, as a class A notice under Section 63G-30-102, for at least 45 days; and (ii) mail a copy of the notice of intent to abandon the prescriptive easement to each municipal and county government where the easement or part of the easement is located . (3) After meeting the requirements of Subsection (2)(a) and at least 45 days after the last day on which the county recorder posts the notice of intent to abandon the prescriptive easement in accordance with Subsection (2)(b), the holder of the prescriptive easement shall file in the office of the county recorder for each county where the easement or part of the easement is located a notice of abandonment that contains the same description required by Subsection (2)(a). (4) (a) Upon completion of the requirements described in Subsection (2): (i) all interest to the easement or part of the easement abandoned by the holder of the easement is extinguished; and (ii) subject to each legal right that exists as described in Subsection (4)(b), the owner of a servient estate whose land was encumbered by the easement or part of the easement abandoned may reclaim the land area occupied by the former easement or part of the easement and resume full utilization of the land without liability to the former holder of the easement. (b) Abandonment of a prescriptive easement under this section does not affect a legal right to have water delivered or discharged through the water conveyance and easement established by a person other than the holder of the easement who abandons an easement as provided in this section. (5) A county recorder may bill the holder of the prescriptive easement for the cost of preparing, printing, and publishing the notice required under Subsection (2)(b).
Utah Code § 57-8a-310 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-310
§ 57-8a-310. Requiring tenant in residential lot to pay rent to association if owner fails to pay assessment.
Status: in_force

(1) As used in this section: (a) "Amount owing" means the total of: (i) any assessment or obligation under Section 57-8a-301 that is due and owing; and (ii) any applicable interest, late fee, and cost of collection. (b) "Lease" means an arrangement under which a tenant occupies a lot owner's lot in exchange for the lot owner receiving a consideration or benefit, including a fee, service, gratuity, or emolument. (c) "Tenant" means a person, other than the lot owner, who has regular, exclusive occupancy of the lot owner's lot. (2) Subject to Subsections (3) and (4), the board may require a tenant under a lease with a lot owner to pay the association all future lease payments due to the lot owner: (a) if: (i) the lot owner fails to pay an assessment for a period of more than 60 days after the assessment is due and payable; and (ii) authorized in the declaration, bylaws, or rules; (b) beginning with the next monthly or periodic payment due from the tenant; and (c) until the association is paid the amount owing. (3) (a) Before requiring a tenant to pay lease payments to the association under Subsection (2), the association's manager or board shall give the lot owner notice, in accordance with the declaration, bylaws, or association rules. (b) The notice required under Subsection (3)(a) shall state: (i) the amount of the assessment due, including any interest, late fee, collection cost, and attorney fees; (ii) that any costs of collection, including attorney fees, and other assessments that become due may be added to the total amount due and be paid through the collection of lease payments; and (iii) that the association intends to demand payment of future lease payments from the lot owner's tenant if the lot owner does not pay the amount owing within 15 days. (4) (a) If a lot owner fails to pay the amount owing within 15 days after the association's manager or board gives the lot owner notice under Subsection (3), the association's manager or board may exercise the association's rights under Subsection (2) by delivering a written notice to the tenant. (b) A notice under Subsection (4)(a) shall state that: (i) due to the lot owner's failure to pay an assessment within the required time, the board has notified the lot owner of the board's intent to collect all lease payments until the amount owing is paid; (ii) the law requires the tenant to make all future lease payments, beginning with the next monthly or other periodic payment, to the association, until the amount owing is paid; and (iii) the tenant's payment of lease payments to the association does not constitute a default under the terms of the lease with the lot owner. (c) The manager or board shall mail a copy of the notice to the lot owner. (5) (a) A tenant to whom notice under Subsection (4) is given shall pay to the association all future lease payments as they become due and owing to the lot owner: (i) beginning with the next monthly or other periodic payment after the notice under Subsection (4) is delivered to the tenant; and (ii) until the association notifies the tenant under Subsection (6) that the amount owing is paid. (b) A lot owner: (i) shall credit each payment that the tenant makes to the association under this section against any obligation that the tenant owes to the owner as though the tenant made the payment to the owner; and (ii) may not initiate a suit or other action against a tenant for failure to make a lease payment that the tenant pays to an association as required under this section. (6) (a) Within five business days after the amount owing is paid, the association's manager or board shall notify the tenant in writing that the tenant is no longer required to pay future lease payments to the association. (b) The manager or board shall mail a copy of the notification described in Subsection (6)(a) to the lot owner. (7) (a) An association shall deposit money paid to the association under this section in a separate account and disburse that money to the association until: (i) the amount owing is paid; and (ii) any cost of administration, not to exceed $25, is paid. (b) The association shall, within five business days after the amount owing is paid, pay to the lot owner any remaining balance.
Utah Code § 57-26-103 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-103
§ 57-26-103. Manner of giving notification.
Status: in_force

(1) Except as otherwise provided in Subsections (3) and (4), a person gives a notification or a copy of a notification under this chapter: (a) by depositing it with the United States Postal Service or with a commercially reasonable delivery service, properly addressed to the intended recipient's address as specified in Subsection (2), with first-class postage or cost of delivery provided for; or (b) if the recipient agreed to receive notification by facsimile transmission, electronic mail, or other electronic transmission, by sending it to the recipient in the agreed manner at the address specified in the agreement. (2) The following rules determine the proper address for giving a notification under Subsection (1): (a) A person giving a notification to an assignee shall use the address for notices to the assignee provided in the document creating the assignment of rents, but, if the assignee has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address. (b) A person giving a notification to an assignor shall use the address for notices to the assignor provided in the document creating the assignment of rents, but, if the assignor has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address. (c) If a tenant's agreement with an assignor provides an address for notices to the tenant and the person giving notification has received a copy of the agreement or knows the address for notices specified in the agreement, the person giving the notification shall use that address in giving a notification to the tenant. Otherwise, the person shall use the address of the premises covered by the agreement. (3) If a person giving a notification pursuant to this chapter and the recipient have agreed to the method for giving a notification, any notification must be given by that method. (4) If a notification is received by the recipient, it is effective even if it was not given in accordance with Subsection (1) or (3).
Utah Code § 57-8a-108 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-108
§ 57-8a-108. Rules against perpetuities and unreasonable restraints -- Insubstantial failure to comply.
Status: in_force

(1) The rule against perpetuities and the rule against unreasonable restraints on alienation of real estate may not defeat a provision of a governing document. (2) (a) A declaration that fails to comply with this chapter does not render a title to a lot and common areas unmarketable or otherwise affect the title if the failure is insubstantial. (b) This chapter does not affect whether a substantial failure impairs marketability.
Utah Code § 57-16-11 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-11
§ 57-16-11. Rights and remedies not exclusive.
Status: in_force

The rights and remedies granted by this chapter are cumulative and not exclusive.
Utah Code § 57-8-4 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-4
§ 57-8-4. Status of the units.
Status: in_force

Each unit, together with its undivided interest in the common areas and facilities, shall, for all purposes, constitute real property and may be individually conveyed, leased and encumbered and may be inherited or devised by will and be subject to all types of juridic acts inter vivos or mortis causa as if it were sole and entirely independent of all other units, and the separate units shall have the same incidents as real property, and the corresponding individual titles and interests therein shall be recordable.
Utah Code § 57-14-201 — Utah Code / Title 57 / Chapter 57-14 / § 57-14-201
§ 57-14-201. Owner owes no duty of care or duty to give warning -- Exceptions.
Status: in_force

Except as provided in Subsections 57-14-204(1) and (2), an owner of land owes no duty of care to keep the land safe for entry or use by any person entering or using the land for any recreational purpose or to give warning of a dangerous condition, use, structure, or activity on the land.
Utah Code § 57-28-101 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-101
§ 57-28-101. Title.
Status: in_force

(1) This chapter is known as the "Utah Reverse Mortgage Act." (2) This part is known as "General Provisions."
Utah Code § 57-8a-109 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-109
§ 57-8a-109. Approval of plans.
Status: in_force

(1) As used in this section: (a) "Fire-resistant material" means a material designed and tested to resist ignition, slow the spread of fire, or withstand high temperatures, including: (i) Class A roofing; (ii) non-combustible siding; (iii) a fiber cement product; (iv) metal roofing; or (v) fire-rated gypsum board. (b) "Lot plans" means plans: (i) for the construction or improvement of a lot; and (ii) that are required to be approved by the association before the lot construction or improvement may occur. (c) "Plan fee" means a fee that an association charges for review and approval of lot plans. (2) An association may not charge a plan fee that exceeds the actual cost of reviewing and approving the lot plans. (3) An association may not prohibit, unreasonably restrict, deny, or delay a plan due to the plan's inclusion of a fire-resistant material in an area with heightened risk of wildfire. (4) If the association denies a lot plan, the association shall provide written notice to the lot owner specifying: (a) each governing document provision on which the association relied when denying the plan; and (b) the specific aspect of the proposed plan that does not conform to the specified governing document provision.
Utah Code § 57-8-7.5 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-7.5
§ 57-8-7.5. Reserve analysis -- Reserve fund.
Status: in_force

(1) As used in this section: (a) "Reserve analysis" means an analysis to determine: (i) the need for a reserve fund to accumulate reserve funds; and (ii) the appropriate amount of any reserve fund. (b) "Reserve fund line item" means the line item in an association of unit owners' annual budget that identifies the amount to be placed into a reserve fund. (c) "Reserve funds" means money to cover: (i) the cost of repairing, replacing, or restoring common areas and facilities that have a useful life of three years or more and a remaining useful life of less than 30 years, if the cost cannot reasonably be funded from the general budget or other funds of the association of unit owners; or (ii) a shortfall in the general budget, if: (A) the shortfall occurs while a state of emergency declared in accordance with Section 53-2a-206 is in effect; (B) the geographic area for which the state of emergency described in Subsection (1)(c)(ii)(A) is declared extends to the entire state; and (C) at the time the money is spent, more than 10% of unit owners that are not members of the management committee in the association are delinquent in the payment of assessments as a result of events giving rise to the state of emergency described in Subsection (1)(c)(ii)(A). (2) Except as otherwise provided in the declaration, a management committee shall: (a) cause a reserve analysis to be conducted no less frequently than every six years; and (b) review and, if necessary, update a previously conducted reserve analysis no less frequently than every three years. (3) The management committee may conduct a reserve analysis itself or may engage a reliable person or organization, as determined by the management committee, to conduct the reserve analysis. (4) A reserve fund analysis shall include: (a) a list of the components identified in the reserve analysis that will reasonably require reserve funds; (b) a statement of the probable remaining useful life, as of the date of the reserve analysis, of each component identified in the reserve analysis; (c) an estimate of the cost to repair, replace, or restore each component identified in the reserve analysis; (d) an estimate of the total annual contribution to a reserve fund necessary: (i) to meet the cost to repair, replace, or restore each component identified in the reserve analysis during the component's useful life and at the end of the component's useful life; and (ii) to prepare for a shortfall in the general budget that the association or management committee may use reserve funds to cover; and (e) a reserve funding plan that recommends how the association of unit owners may fund the annual contribution described in Subsection (4)(d). (5) An association of unit owners shall: (a) annually provide unit owners a summary of the most recent reserve analysis or update; and (b) provide a copy of the complete reserve analysis or update to a unit owner who requests a copy. (6) In formulating the association of unit owners' budget each year, an association of unit owners shall include a reserve fund line item in: (a) an amount the management committee determines, based on the reserve analysis, to be prudent; or (b) an amount required by the declaration, if the declaration requires an amount higher than the amount determined under Subsection (6)(a). (7) (a) Within 45 days after the day on which an association of unit owners adopts the association of unit owners' annual budget, the unit owners may veto the reserve fund line item by a 51% vote of the allocated voting interests in the association of unit owners at a special meeting called by the unit owners for the purpose of voting whether to veto a reserve fund line item. (b) If the unit owners veto a reserve fund line item under Subsection (7)(a) and a reserve fund line item exists in a previously approved annual budget of the association of unit owners that was not vetoed, the association of unit owners shall fund the reserve account in accordance with that prior reserve fund line item. (8) (a) Subject to Subsection (8)(b), if an association of unit owners does not comply with the requirements of Subsection (5), (6), or (7) and fails to remedy the noncompliance within the time specified in Subsection (8)(c), a unit owner may file an action in state court for: (i) injunctive relief requiring the association of unit owners to comply with the requirements of Subsection (5), (6), or (7); (ii) $500 or actual damages, whichever is greater; (iii) any other remedy provided by law; and (iv) reasonable costs and attorney fees. (b) No fewer than 90 days before the day on which a unit owner files a complaint under Subsection (8)(a), the unit owner shall deliver written notice described in Subsection (8)(c) to the association of unit owners. (c) A notice under Subsection (8)(b) shall state: (i) the requirement in Subsection (5), (6), or (7) with which the association of unit owners has failed to comply; (ii) a demand that the association of unit owners come into compliance with the requirements; and (iii) a date, no fewer than 90 days after the day on which the unit owner delivers the notice, by which the association of unit owners shall remedy its noncompliance. (d) In a case filed under Subsection (8)(a), a court may order an association of unit owners to produce the summary of the reserve analysis or the complete reserve analysis on an expedited basis and at the association of unit owners' expense. (9) (a) A management committee may not use money in a reserve fund for any purpose other than the purpose for which the reserve fund was established, unless a majority of the members of the association of unit owners vote to approve the use of reserve fund money for that purpose. (b) (i) A management committee may not use money in a reserve fund for daily maintenance expenses, unless: (A) a majority of the members of the association of unit owners vote to approve the use of reserve fund money for daily maintenance expenses; or (B) there exists in the general budget a shortfall that the management committee may use reserve funds to cover. (ii) Members of the association of unit owners may prohibit the use of reserve fund money for daily maintenance expenses under the circumstances described in Subsection (9)(b)(i)(B) by a 51% vote of the allocated voting interest in the association of unit owners at a special meeting: (A) for which each unit owner receives at least 48 hours notice; and (B) the unit owners call for the purpose of voting whether to prohibit the use of reserve fund money for daily maintenance expenses under the circumstances described in Subsection (9)(b)(i)(B). (c) A management committee shall maintain a reserve fund separate from other funds of the association of unit owners. (d) This Subsection (9) may not be construed to: (i) limit a management committee from prudently investing money in a reserve fund, subject to any investment constraints imposed by the declaration; (ii) excuse an association from the requirements described in Section 57-8-58; or (iii) permit the use of money in a reserve fund for a legal action described in Section 57-8-58. (10) Subsections (2) through (9) do not apply to an association of unit owners during the period of administrative control. (11) For a condominium project whose initial declaration is recorded on or after May 12, 2015, during the period of administrative control, for any property that the declarant sells to a third party, the declarant shall give the third party: (a) a copy of the association of unit owners' governing documents; and (b) a copy of the association of unit owners' most recent financial statement that includes any reserve funds held by the association of unit owners or by a subsidiary of the association of unit owners. (12) Except as otherwise provided in this section, this section applies to each association of unit owners, regardless of when the association of unit owners was created.
Utah Code § 57-12-2 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-2
§ 57-12-2. Declaration of policy.
Status: in_force

(1) It is hereby declared to be the policy of this chapter and of the state, and the Legislature recognizes: (a) that it is often necessary for the various agencies of state and local government to acquire land by condemnation; (b) that persons, businesses, and farms are often uprooted and displaced by such action while being recompensed only for the value of land taken; (c) that such displacement often works economic hardship on those least able to suffer the added and uncompensated costs of moving, locating new homes, business sites, farms, and other costs of being relocated; (d) that such added expenses should reasonably be included as a part of the project cost and paid to those displaced; (e) that the Congress of the United States has established matching grants for relocation assistance, and has also established uniform policies for land acquisition under the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., to assist the states in meeting these expenses and assuring that land is fairly acquired; and (f) that it is in the public interest for the state to provide for such payments and to establish such land acquisition policies. (2) Therefore, the purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property by state and local land acquisition programs, by building code enforcement activities, or by a program of voluntary rehabilitation of buildings or other improvements conducted pursuant to governmental supervision. (3) All of the provisions of this chapter shall be liberally construed to put into effect the foregoing policies and purposes.
Utah Code § 57-12-12 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-12
§ 57-12-12. Judicial review.
Status: in_force

(1) Any person aggrieved by an order concerning relocation assistance may obtain judicial review. (2) Venue for judicial review of informal adjudicative proceedings is in the district court of the county in which the real property taken for public use is located.
Utah Code § 57-8-8.1 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-8.1
§ 57-8-8.1. Equal treatment by rules required -- Limits on rules.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit owners similarly. (b) A rule may: (i) vary according to the level and type of service that the association of unit owners provides to unit owners; (ii) differ between residential and nonresidential uses; or (iii) for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant's guest or as the unit owner's guest. (2) (a) Except as provided in Subsection (2)(b), if a unit owner owns a rental unit and is in compliance with the association of unit owners' governing documents and any rule that the association of unit owners adopts under Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a rental unit. (b) A rule may: (i) limit or prohibit a rental unit owner from using the common areas and facilities for purposes other than attending an association meeting or managing the rental unit; (ii) if the rental unit owner retains the right to use the association of unit owners' common areas and facilities, even occasionally: (A) charge a rental unit owner a fee to use the common areas and facilities; and (B) for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant's guest or as the unit owner's guest; or (iii) include a provision in the association of unit owners' governing documents that: (A) requires each tenant of a rental unit to abide by the terms of the governing documents; and (B) holds the tenant and the rental unit 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 interfere with the freedom of a unit owner to determine the composition of the unit owner's household. (b) An association of unit owners 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 and facilities. (4) Subject to Subsection (14), an association of unit owners may by rule: (a) unless otherwise provided in the declaration: (i) regulate the use, maintenance, repair, replacement, and modification of common areas and facilities; and (ii) impose and receive any payment, fee, or charge for: (A) the use, rental, or operation of the common areas, except limited common areas and facilities; or (B) a service provided to a unit owner; (b) impose, for a late payment of an assessment: (i) a late fee, not to exceed the greater of: (A) 10% of the assessment amount; or (B) $50; and (ii) interest on the assessment and a late fee of up to 1.5% per month; or (c) provide for the indemnification of the association of unit owners' officers and management committee consistent with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act. (5) (a) Except as provided in Subsection (5)(b), a rule may not prohibit a unit owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the owner's condominium unit. (b) A rule may prohibit a unit owner from installing a personal security camera in a common area not physically connected to the owner's unit. (6) (a) A rule may not abridge the right of a unit owner to display a religious or holiday sign, symbol, or decoration inside the owner's condominium unit. (b) An association may adopt a reasonable time, place, and manner restriction with respect to a display that is visible from the exterior of a unit. (7) (a) A rule may not: (i) prohibit a unit owner from displaying in a window of the owner's condominium unit: (A) a for-sale sign; (B) a political sign; or (C) a flag; or (ii) except as provided Subsection (7)(b), regulate the content or establish specific design criteria for the content of a political sign or flag. (b) A rule may restrict a political sign or flag that contains obscene, profane, or commercial content. (c) A rule may reasonably regulate the size and time, place, and manner of posting a for-sale sign, a political sign, or a flag. (8) For any area for which one or more unit owners, but not the association, are responsible for landscape maintenance, the association of unit owners: (a) shall adopt rules supporting water wise landscaping, 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) may not prohibit low water use on lawns during drought conditions; and (c) except where reasonably necessary for erosion control, may not prohibit or restrict the conversion of a grass park strip of less than 8 feet wide to water-efficient landscaping. (9) 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). (10) (a) Except as provided in this Subsection (10), a rule may not prohibit a unit owner from making modifications, consistent with industry standards, for radon mitigation. (b) Subsection (10)(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 may apply to modifications for radon mitigation unless 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 unit 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. (11) (a) Except as provided in Subsection (11)(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 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. (b) A rule may require that an individual park in a garage appurtenant to a unit before parking elsewhere. (12) (a) Except as provided in Subsection (12)(b), a rule may not restrict an individual from operating a vehicle that is not a commercial vehicle, as that term is 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. (13) A rule may not: (a) impose a requirement or restriction on the use of a public street, as that term is defined in Section 10-20-102; or (b) 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. (14) A rule shall be reasonable. (15) A declaration, or an amendment to a declaration, may not vary the requirements of Subsection (1)(b)(ii). (16) This section applies to an association of unit owners regardless of when the association of unit owners is created. (17) Before imposing a fee under Subsection (4), an association of unit owners shall: (a) adopt a fee schedule by rule that describes the amount of each fee the association of unit owners shall impose; and (b) provide a copy of the fee schedule to each unit owner.
Utah Code § 57-13c-107 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-107
§ 57-13c-107. Duty to act in good faith.
Status: in_force

After the court, under Section 57-13c-105, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this chapter.
Utah Code § 57-21-9 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-9
§ 57-21-9. Procedure for an aggrieved person to file a complaint -- Conciliation -- Investigation -- Determination.
Status: in_force

(1) An aggrieved person may file a written verified complaint with the division within 180 days after the day on which an alleged discriminatory housing practice occurs. (2) (a) The commission shall adopt rules consistent with 24 C.F.R. Sec. 115.3 (1990), relating to procedures under related federal law, to govern: (i) the form of the complaint; (ii) the form of any answer to the complaint; (iii) procedures for filing or amending a complaint or answer; and (iv) the form of notice to a party accused of the act or omission giving rise to the complaint. (b) The commission may, by rule, prescribe any other procedure pertaining to the division's processing of the complaint. (3) During the period beginning with the filing of the complaint and ending with the director's determination, the division shall, to the extent feasible, engage in conciliation with respect to the complaint. (4) (a) The division shall commence proceedings to investigate and conciliate a complaint alleging a discriminatory housing practice within 30 days after the day on which the complainant files the complaint. (b) After the commencement of an investigation, any party may request that the commission review the proceedings to ensure compliance with the requirements of this chapter. (5) (a) The division shall complete the investigation within 100 days after the day on which the complainant files the complaint, unless it is impracticable to do so. (b) If the division is unable to complete the investigation within 100 days after the day on which the complainant files the complaint, the division shall notify the complainant and respondent in writing of the reasons for the delay. (6) If, as a result of the division's investigation, the director determines that there is no reasonable cause to support an allegation in the complaint, the director shall issue a written determination dismissing the complaint. (7) If, as a result of the division's investigation of a complaint, the director determines that there is reasonable cause to support an allegation in the complaint: (a) (i) the division shall informally endeavor to eliminate or correct the discriminatory housing practice through a conciliation conference between the parties, presided over by the division; and (ii) nothing said or done in the course of a conciliation conference described in Subsection (7)(a)(i) may be made public or admitted as evidence in a subsequent proceeding under this chapter without the written consent of the parties concerned; and (b) (i) if the conciliation conference described in Subsection (7)(a) results in voluntary compliance with this chapter: (A) the parties shall execute a conciliation agreement, approved by the division, setting forth the resolution of the issues; and (B) the parties or the division may enforce the conciliation agreement in an action filed in a court of competent jurisdiction; or (ii) if the division is unable to obtain a conciliation agreement, the director shall issue a written determination stating the director's findings and ordering appropriate relief under Section 57-21-11.
Utah Code § 57-12-1 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-1
§ 57-12-1. Short title.
Status: in_force

This act shall be known and may be cited as the "Utah Relocation Assistance Act."
Utah Code § 57-22-6 — Utah Code / Title 57 / Chapter 57-22 / § 57-22-6
§ 57-22-6. Renter remedies for deficient condition of residential rental unit.
Status: in_force

(1) As used in this section: (a) "Corrective period" means: (i) for a standard of habitability, three calendar days; and (ii) for a requirement imposed by a rental agreement, 10 calendar days. (b) "Deficient condition" means a condition of a residential rental unit that: (i) violates a standard of habitability or a requirement of the rental agreement; and (ii) is not caused by: (A) the renter, the renter's family, or the renter's guest or invitee; and (B) a use that would violate: (I) the rental agreement; or (II) a law applicable to the renter's use of the residential rental unit. (c) "Notice of deficient condition" means the notice described in Subsection (2). (d) "Rent abatement remedy" means the remedy described in Subsection (4)(a)(i). (e) "Renter remedy" means: (i) a rent abatement remedy; or (ii) a repair and deduct remedy. (f) "Repair and deduct remedy" means the remedy described in Subsection (4)(a)(ii). (g) "Standard of habitability" means a standard: (i) relating to the condition of a residential rental unit; and (ii) that an owner is required to ensure that the residential rental unit meets as required under Subsection 57-22-3(1) or Subsection 57-22-4(1)(a) or (b)(i), (ii), or (iii). (2) (a) If a renter believes that the renter's residential rental unit has a deficient condition, the renter may give the owner written notice as provided in Subsection (2)(b). (b) A notice under Subsection (2)(a) shall: (i) describe each deficient condition; (ii) state that the owner has the corrective period, stated in terms of the applicable number of days, to correct each deficient condition; (iii) state the renter remedy that the renter has chosen if the owner does not, within the corrective period, take substantial action toward correcting each deficient condition; (iv) provide the owner permission to enter the residential rental unit to make corrective action; and (v) be served on the owner as provided in: (A) Section 78B-6-805; or (B) the rental agreement. (3) (a) As used in this Subsection (3), "dangerous condition" means a deficient condition that poses a substantial risk of: (i) imminent loss of life; or (ii) significant physical harm. (b) If a renter believes that the renter's residential rental unit has a dangerous condition, the renter may notify the owner of the dangerous condition by any means that is reasonable under the circumstances. (c) An owner shall: (i) within 24 hours after receiving notice under Subsection (3)(b) of a dangerous condition, commence remedial action to correct the dangerous condition; and (ii) diligently pursue remedial action to completion. (d) Notice under Subsection (3)(b) of a dangerous condition does not constitute a notice of deficient condition, unless the notice also meets the requirements of Subsection (2). (4) (a) Subject to Subsection (4)(b), if an owner fails to take substantial action, before the end of the corrective period, toward correcting a deficient condition described in a notice of deficient condition: (i) if the renter chose the rent abatement remedy in the notice of deficient condition: (A) the renter's rent is abated as of the date of the notice of deficient condition to the owner; (B) the rental agreement is terminated; (C) the owner shall immediately pay to the renter: (I) the entire security deposit that the renter paid under the rental agreement; and (II) a prorated refund for any prepaid rent, including any rent the renter paid for the period after the date on which the renter gave the owner the notice of deficient condition; and (D) the renter shall vacate the residential rental unit within 10 calendar days after the expiration of the corrective period; or (ii) if the renter chose the repair and deduct remedy in the notice of deficient condition, and subject to Subsection (4)(c), the renter: (A) may: (I) correct the deficient condition described in the notice of deficient condition; and (II) deduct from future rent the amount the renter paid to correct the deficient condition, not to exceed an amount equal to two months' rent; and (B) shall: (I) maintain all receipts documenting the amount the renter paid to correct the deficient condition; and (II) provide a copy of those receipts to the owner within five calendar days after the beginning of the next rental period. (b) A renter is not entitled to a renter remedy if the renter is not in compliance with all requirements under Section 57-22-5. (c) (i) If a residential rental unit is not fit for occupancy, an owner may: (A) determine not to correct a deficient condition described in a notice of deficient condition; and (B) terminate the rental agreement. (ii) If an owner determines not to correct a deficient condition and terminates the rental agreement under Subsection (4)(c)(i): (A) the owner shall: (I) notify the renter in writing no later than the end of the corrective period; and (II) within 10 calendar days after the owner terminates the rental agreement, pay to the renter: (Aa) any prepaid rent, prorated as provided in Subsection (4)(c)(ii)(B); and (Bb) any deposit due the renter; (B) the rent shall be prorated to the date the owner terminates the rental agreement under Subsection (4)(c)(i); and (C) the renter may not be required to vacate the residential rental unit sooner than 10 calendar days after the owner notifies the renter under Subsection (4)(c)(ii)(A)(I). (5) (a) After the corrective period expires, a renter may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce the renter remedy that the renter chose in the notice of deficient condition. (b) In an action under Subsection (5)(a), the court shall endorse on the summons that the owner is required to appear and defend the action within three business days. (c) If, in an action under Subsection (5)(a), the court finds that the owner unjustifiably refused to correct a deficient condition or failed to use due diligence to correct a deficient condition, the renter is entitled to any damages, in addition to the applicable renter remedy. (d) An owner who disputes that a condition of the residential rental unit violates a requirement of the rental agreement may file a counterclaim in an action brought against the owner under Subsection (5)(a). (6) An owner may not be held liable under this chapter for a claim for mental suffering or anguish. (7) In an action under this chapter, the court may award costs and reasonable attorney fees to the prevailing party.
Utah Code § 57-8-40 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-40
§ 57-8-40. Organization of an association of unit owners under other law -- 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 management committee or the declarant. (2) If permitted, required, or acknowledged by the declaration, the management committee may organize an association of unit owners 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 of unit owners' 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) management committee 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 of unit owners is organized, documents concerning the organization of the association of unit owners as a nonprofit corporation or other entity, the plat, the declaration, the bylaws, and rules or policies of the association of unit owners, 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) through (f); (e) the bylaws control over a conflicting provision in a source described in Subsection (5)(f); and (f) a rule or policy of the association of unit owners that is adopted by the management committee 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 management committee 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 of unit owners previously organized if the entity's status is terminated or dissolved without the possibility of reinstatement. (9) (a) This section applies to a condominium project regardless of when the condominium project is established. (b) This section does not validate or invalidate the organization of an association of unit owners that occurred before May 5, 2008, regardless of whether the association of unit owners was otherwise in compliance with this section.
Utah Code § 57-8a-307 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-307
§ 57-8a-307. Action to recover unpaid assessment.
Status: in_force

An association need not pursue a judicial foreclosure or nonjudicial foreclosure to collect an unpaid assessment but may file an action to recover a money judgment for the unpaid assessment without waiving the lien under Section 57-8a-301.
Utah Code § 57-1-35 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-35
§ 57-1-35. Trust deeds -- Transfer of secured debts as transfer of security.
Status: in_force

The transfer of any debt secured by a trust deed shall operate as a transfer of the security therefor.
Utah Code § 57-1-15 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-15
§ 57-1-15. Effect of recording assignment of mortgage.
Status: in_force

The recording of an assignment of a mortgage is not in itself considered notice of the assignment to the mortgagor, his heirs, or personal representatives so as to invalidate any payment made by them or either of them to the mortgagee.
Utah Code § 57-11-20 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-20
§ 57-11-20. Service of process.
Status: in_force

(1) In addition to the methods of service provided for in the Utah Rules of Civil Procedure, service may be made by delivering a copy of the process to the office of the division, but it is not effective unless the plaintiff, which may be the division in a proceeding instituted by it: (a) forthwith sends a copy of the process and of the pleading by certified or registered mail to the defendant or respondent at his last known address; and (b) the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. (2) If any person, including any nonresident of this state, engages in conduct prohibited by this act or any rule or order hereunder, and has not filed a consent to service of process and personal jurisdiction over him cannot otherwise be obtained in this state, that conduct authorizes the division to receive service of process in any noncriminal proceeding against him or his successor which grows out of the conduct and which is brought under this act or any rule or order hereunder, with the same force and validity as if served on him personally. Notice shall be given as provided in Subsection (1).
Utah Code § 57-12-5 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-5
§ 57-12-5. Reimbursement of owner for expenses.
Status: in_force

Any agency acquiring real property for its use shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner for expenses the owner necessarily incurred for: (1) recording fees, transfer taxes, and similar expenses incidental to conveying the real property to the agency; (2) penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering the real property; (3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the agency, or the effective date of possession of such real property by the agency, whichever is the earlier; and (4) relocation costs.
Utah Code § 57-8a-106 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-106
§ 57-8a-106. Fee for providing payoff information needed at closing.
Status: in_force

(1) Unless specifically authorized in the declaration of covenants, conditions, and restrictions, the bylaws, or the rules, an association may not charge a fee for providing association payoff information needed in connection with the financing, refinancing, or closing of a lot owner's sale of the owner's lot. (2) An association may not: (a) require a fee described in Subsection (1) that is authorized in the declaration of covenants, conditions, and restrictions, the bylaws, or the rules to be paid before closing; or (b) charge the fee if it exceeds $50. (3) (a) An association that fails to provide information described in Subsection (1) within five business days after the closing agent requests the information may not enforce a lien against that unit for money due to the association at closing. (b) A request under Subsection (3)(a) is not effective unless the request: (i) is conveyed in writing to the primary contact person designated under Subsection 57-8a-105(3)(d); (ii) contains: (A) the name, telephone number, and address of the person making the request; and (B) the facsimile number or email address for delivery of the payoff information; and (iii) is accompanied by a written consent for the release of the payoff information: (A) identifying the person requesting the information as a person to whom the payoff information may be released; and (B) signed and dated by an owner of the lot for which the payoff information is requested. (4) This section applies to each association, regardless of when the association is formed.
Utah Code § 57-12-10 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-10
§ 57-12-10. Displacing agency may contract for services or function through another agency.
Status: in_force

To prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs for displaced persons, the displacing agency may enter into contracts with any person for services in connection with these programs, or may carry out its functions under this act through any agency or any federal agency or instrumentality.
Utah Code § 57-8-41 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-41
§ 57-8-41. Lender approval -- Declaration amendments and association action.
Status: in_force

(1) If a security holder's consent is a condition for amending a declaration or bylaw, or for an action of the association of unit owners or management committee, then, subject to Subsection (4), the security holder's consent is presumed if: (a) written notice of the proposed amendment or action is sent by certified or registered mail to the security holder's address listed for receiving notice in the recorded trust deed or other recorded document evidencing the security interest; (b) 60 days have passed after the day on which notice was mailed; and (c) the person designated for receipt of the response in the notice has not received a written response from the security holder either consenting to or refusing to accept the amendment or action. (2) The provisions of Subsection (1) shall apply to: (a) an association of unit owners formed before and after May 12, 2009; and (b) documents created and recorded before and after May 12, 2009. (3) If, under Subsection (1), a security holder's address for receiving notice is not provided in the recorded documents evidencing the security interest, the association of unit owners: (a) shall use reasonable efforts to find a mailing address for the security holder; and (b) may send the notice to any address obtained under Subsection (3)(a). (4) If a security holder responds in writing within 60 days after the day on which the notice is mailed under Subsection (1), indicating that the security interest has been assigned or conveyed to another person, without any recorded document evidencing such a conveyance, the association of unit owners: (a) may not presume the security holder's consent under Subsection (1); and (b) shall send a notice in accordance with Subsection (1) to the person assigned or conveyed the security interest. (5) The association of unit owners shall: (a) send a notice as described in Subsection (4)(b) to the person assigned or conveyed the interest at an address provided by the security holder under Subsection (4); or (b) if no address is provided, shall use reasonable efforts to find a mailing address for, and send notice to, the person assigned or conveyed the interest.
Utah Code § 57-19-10 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-10
§ 57-19-10. Effect of application or registration -- Misleading statements to prospective purchasers a misdemeanor.
Status: in_force

(1) Neither the fact that an application for registration or the written disclosures required by this chapter have been filed, nor the fact that a development has been effectively registered or exempted, constitutes a finding by the director that the offering or any document filed under this chapter is true, complete, and not misleading, nor does either of these facts mean that the director has determined in any way the merits or qualifications of, or recommended or given approval to, any person, developer, or transaction involving an interest in a development. (2) It is a class A misdemeanor to make or cause to be made to any purchaser or prospective purchaser any offering or document filed under this chapter that is untrue, incomplete, or misleading.
Utah Code § 57-8-13.1 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-13.1
§ 57-8-13.1. Registration with Department of Commerce.
Status: in_force

(1) As used in this section: (a) "Department" means the Department of Commerce created in Section 13-1-2. (b) "Office" means the Office of the Homeowners' Association Ombudsman created in Section 13-79-102. (2) No later than 90 days after the recording of a declaration, an association of unit owners shall register with the department in the manner that the department establishes. (3) The department shall require an association of unit owners registering as required in this section to provide with each registration: (a) the name and address of the association of unit owners; (b) the name, telephone number, and, if applicable, email address of the president of the association of unit owners; (c) the name of each manager or management committee member; (d) the name, address, telephone number, and, if the contact person wishes to use email or facsimile transmission for communicating payoff information, the email address or facsimile number, as applicable, of a primary contact person who has association payoff information that a closing agent needs in connection with the closing of a unit owner's financing, refinancing, or sale of the owner's unit; (e) a registration fee that the department sets in accordance with Section 63J-1-504; and (f) a statement of whether or not the association of unit owners imposes a reinvestment fee or a transfer fee in accordance with Section 57-1-46. (4) (a) An association of unit owners shall annually renew the registration of the association of unit owners described in Subsection (2). (b) The department may impose and set the amount of a renewal registration fee in accordance with Section 63J-1-504. (5) An association of unit owners that registers in accordance with Subsection (2) shall submit to the department an update to the association of unit owners' registration information, in the manner that the department establishes, within 90 days after the day on which a change in any of the information provided under Subsection (3) occurs. (6) (a) During any period of noncompliance with the registration requirement described in Subsection (2) or the requirement for an updated registration described in Subsection (5): (i) a lien may not arise under Section 57-8-44; and (ii) an association of unit owners may not enforce an existing lien that arose under Section 57-8-44. (b) A period of noncompliance with the registration requirement of Subsection (2) or with the updated registration requirement of Subsection (5) does not begin until after the expiration of the 90-day period specified in Subsection (2) or (5), respectively. (c) An association of unit owners that is not in compliance with the registration requirement described in Subsection (2) may end the period of noncompliance by registering with the department in the manner that the department establishes under Subsection (2). (d) An association of unit owners that is not in compliance with the updated registration requirement described in Subsection (5) may end the period of noncompliance by submitting to the department an updated registration in the manner that the department establishes under Subsection (5). (e) Except as described in Subsection (6)(f), beginning on the date an association of unit owners ends a period of noncompliance: (i) a lien may arise under Section 57-8-44 for any event that: (A) occurred during the period of noncompliance; and (B) would have given rise to a lien under Section 57-8-44 had the association of unit owners been in compliance with the registration requirements described in this section; and (ii) an association of unit owners may enforce a lien described in Subsection (6)(e)(i) or a lien that existed before the period of noncompliance. (f) If an owner's unit is conveyed to an independent third party during a period of noncompliance described in this Subsection (6): (i) a lien that arose under Section 57-8-44 before the conveyance of the unit became final is extinguished when the conveyance of the unit becomes final; and (ii) an event that occurred before the conveyance of the unit became final, and that would have given rise to a lien under Section 57-8-44 had the association of unit owners been in compliance with the registration requirements of this section, may not give rise to a lien under Section 57-8-44 if the conveyance of the unit becomes final before the association of unit owners ends the period of noncompliance. (7) On the office's website, the office shall provide a disclaimer that states that a person may not rely upon the disclosure of a reinvestment fee or transfer fee that an association of unit owners makes in accordance with Subsection (3)(f) when creating a document associated with the purchase of real property burdened by the reinvestment fee or transfer fee.
Utah Code § 57-24-101 — Utah Code / Title 57 / Chapter 57-24 / § 57-24-101
§ 57-24-101. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Flag" means a depiction or emblem: (i) (A) of the flag of the United States as provided in United States Code Title 4, Chapter 1, The Flag; or (B) of the state flag of Utah as provided in Section 63G-1-501; (ii) made from fabric or cloth; and (iii) with measurements that do not exceed three feet by five feet. (b) "Flag" does not include a depiction or emblem made from: (i) lights; (ii) paint; (iii) roofing; (iv) siding; (v) paving materials; (vi) flora; (vii) balloons; or (viii) any other building, landscaping, or decorative component. (2) "Resident" means: (a) a renter as defined in Section 57-22-2; (b) a resident as defined in Section 57-16-3; or (c) a unit owner as defined in Section 57-8-3. (3) "Residential property management authority" means: (a) an owner as defined in Section 57-22-2; (b) a mobile home park as defined in Section 57-16-3; (c) a mobile home park residents' association established in accordance with Section 57-16-16; (d) an association of unit owners as defined in Section 57-8-3; or (e) a management committee as defined in Section 57-8-3.
Utah Code § 57-10-2 — Utah Code / Title 57 / Chapter 57-10 / § 57-10-2
§ 57-10-2. Zones.
Status: in_force

(1) The Utah Plane Coordinate System is divided into zones that the NGS defines for the state. (2) All previously designated coordinate systems, including associated zones and definitions, remain unchanged.
Utah Code § 57-12-8 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-8
§ 57-12-8. Advisory program.
Status: in_force

(1) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person after the effective date of this act, the agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services prescribed in this act. If the agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer this person relocation advisory services under such program. (2) Each relocation assistance program required by Subsection (1) shall include such measures, facilities, or services as may be necessary or appropriate in order: (a) to determine the needs of displaced persons, business concerns, and nonprofit organizations for relocation assistance; (b) to assist owners of displaced businesses and farm operations in obtaining and becoming established in suitable business locations or replacement farms; (c) to supply information concerning programs of the federal, state, and local governments offering assistance to displaced persons and business concerns; (d) to assist in minimizing hardships to displaced persons in adjusting to relocation; and (e) to secure, to the greatest extent practicable, the coordination of relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of the relocation program.
Utah Code § 57-8-26 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-26
§ 57-8-26. Waiver of use of common areas and facilities -- Abandonment of unit.
Status: in_force

No unit owner may be exempt from liability for the unit owner's contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of the owner's unit.
Utah Code § 57-29-301 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-301
§ 57-29-301. Title.
Status: in_force

This part is known as "Investigation and Enforcement."
Utah Code § 57-8-51 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-51
§ 57-8-51. Appointment of receiver.
Status: in_force

In an action by an association of unit owners to collect an assessment or to foreclose a lien for an unpaid assessment, a court may: (1) appoint a receiver, in accordance with Section 7-2-9, to collect and hold money alleged to be due and owing to a unit owner: (a) before commencement of the action; or (b) during the pendency of the action; and (2) order the receiver to pay the association of unit owners, to the extent of the association's common expense assessment, money the receiver holds under Subsection (1).
Utah Code § 57-8-10.1 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-10.1
§ 57-8-10.1. Rental restrictions.
Status: in_force

(1) (a) Subject to Subsections (1)(b), (5), and (6), an association of unit owners may: (i) create restrictions on the number and term of rentals in a condominium project; or (ii) prohibit rentals in the condominium project. (b) Except as provided in Subsection (1)(c), an association of unit owners that creates a rental restriction or prohibition in accordance with Subsection (1)(a) shall create the rental restriction or prohibition in a declaration or by amending the declaration. (c) An association may establish, by rule, a minimum lease term of six months or less. (2) If an association of unit owners prohibits or imposes restrictions on the number and term of rentals or charges a fee described in Subsection (9)(c), the association of unit owners shall: (a) exempt the following from the prohibition, restriction, or fee: (i) a unit owner in the military for the period of the unit owner's deployment; (ii) a unit occupied by a unit owner's parent, child, or sibling; (iii) a unit owner whose employer has relocated the unit owner for two years or less; (iv) a unit 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 unit owned by a trust or other entity created for estate planning purposes if the trust or other estate planning entity was created for the estate of: (A) a current resident of the unit; or (B) the parent, child, or sibling of the current resident of the unit; (b) allow a unit owner who has a rental in the condominium project before the time the rental restriction described in Subsection (1)(a) is recorded with the county recorder of the county in which the condominium project is located to continue renting without a fee described in Subsection (9)(c) until: (i) the unit owner occupies the unit; (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 unit, occupies the unit; or (iii) the unit is transferred; and (c) create, by rule or resolution, procedures to: (i) determine and track the number of rentals and units in the condominium project 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 unit by deed; (b) the granting of a life estate in the unit; or (c) if the unit 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 of unit owners that complies with the requirements of the Housing for Older Persons Act, 42 U.S.C. Sec. 3607. (5) A declaration or amendment to a declaration recorded before transfer of the first unit 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) a condominium project 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), a condominium project in which the initial declaration is recorded before May 12, 2009, unless, on or after May 12, 2015, the association of unit owners: (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 of unit owners may restrict or prohibit rentals without an exception described in Subsection (2) if: (a) the restriction or prohibition receives unanimous approval by all unit owners; and (b) when the restriction or prohibition requires an amendment to the association of unit owners' declaration, the association of unit owners fulfills all other requirements for amending the declaration described in the association of unit owners' governing documents. (8) Except as provided in Subsection (9), an association of unit owners may not require a unit owner who owns a rental unit to: (a) obtain the association of unit owners' approval of a prospective renter; (b) give the association of unit owners: (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 unit is a rental unit; (d) use a lease agreement provided by the association; or (e) obtain the association's approval of a lease agreement. (9) (a) A unit owner who owns a rental unit shall give an association of unit owners the documents described in Subsection (8)(b) if the unit 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 of unit owners' declaration lawfully prohibits or restricts occupancy of the units by a certain class of individuals, the association of unit owners may require a unit owner who owns a rental unit to give the association of unit owners the information described in Subsection (8)(b), if: (i) the information helps the association of unit owners determine whether the renter's occupancy of the unit complies with the association of unit owners' declaration; and (ii) the association of unit owners uses the information to determine whether the renter's occupancy of the unit complies with the association of unit owners' declaration. (c) Subject to Subsection (9)(d), an association that permits at least 35% of the units in the association to be rental units may charge a unit owner who owns a rental unit a fee of up to $200 once every 12 months to defray the association's additional administrative expenses directly related to a unit that is a rental unit, as detailed in a notice provided to the unit owner. (d) Before an association may charge a fee described in Subsection (9)(c), an association shall: (i) provide notice to each unit owner in the association of a management committee meeting described in Subsection (9)(d)(ii) 15 days before the day on which the association holds the management committee meeting; (ii) hold a management committee meeting to discuss and allow unit 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 required the association to impose or increase the fee; and (iii) ensure that during the management committee meeting described in Subsection (9)(d)(ii), the management committee approves the fee by a majority vote. (e) An association may require a unit owner who owns a rental unit and the renter of the unit owner's rental unit to sign an addendum to a lease agreement provided by the association. (10) The provisions of Subsections (8) and (9) apply to an association of unit owners regardless of when the association of unit owners is created. (11) Within 30 days after the day on which the association imposes a fee described in Subsection (9)(c), an association shall provide to each unit 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 required the association to impose or increase the fee. (12) (a) A unit 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 (11) within 30 days after the day on which the association imposes the fee; or (ii) the notice the association provides to the unit owner does not contain the information required in Subsection (11). (b) If a unit owner contests a fee under this Subsection (12) by submitting a written request, an association shall waive the fee if: (i) the association does not provide the notice described in Subsection (11) to the unit owner; or (ii) a notice provided by the association does not contain the information required in Subsection (11). (13) (a) A unit owner of a rental unit may designate, in a written notice to the association, a primary contact individual who is not the unit owner with whom the association may communicate as though the primary contact individual is the unit owner. (b) If a unit owner designates a primary contact individual under this Subsection (13), the association shall provide the unit owner a written notice that confirms the association has changed the association's records to identify the primary contact individual designated by the unit owner.
Utah Code § 57-3-202 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-202
§ 57-3-202. Recording master mortgage and trust deed -- Requirements for master form -- Indexing by county recorder.
Status: in_force

(1) (a) A person may record a master form in the office of the county recorder. (b) A person who files a master form shall state in the caption required under Section 57-3-106 that the instrument is a master form. (2) A master form is not required to: (a) contain identification or description of any specific real property; or (b) name a specific: (i) mortgagor; (ii) trustor; or (iii) trustee. (3) A master form shall: (a) name a specific mortgagee or beneficiary; (b) contain an acknowledgment, proof, or certification; and (c) identify the person causing the recording of the master form. (4) A county recorder shall: (a) index a master form in the same manner as the county recorder indexes mortgages and trust deeds in accordance with Section 17-71-302; and (b) indicate on all indices and records of the county referencing the master form that the instrument is a master form. (5) (a) If a county recorder receives a document for recording that contains both a master form and a mortgage or trust deed, the county recorder: (i) is not required to: (A) separate the master form from the mortgage or trust deed; or (B) record the master form and the mortgage or trust deed as separate instruments; but (ii) may separate the master form from the mortgage or trust deed and record only the master form if the unrecorded portion is clearly designated or marked as a section not recorded. (b) A master form recorded under Subsection (5)(a), is considered as a master form under this part for purposes of the incorporation by reference of a previously recorded master form.
Utah Code § 57-25-107 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-107
§ 57-25-107. Notice.
Status: in_force

(1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (a) each person that signed the covenant; (b) each person holding a recorded interest in the real property subject to the covenant; (c) each person in possession of the real property subject to the covenant; (d) each municipality or other unit of local government in which real property subject to the covenant is located; and (e) any other person that the agency requires. (2) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
Utah Code § 57-8-15 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-15
§ 57-8-15. Bylaws.
Status: in_force

The administration of every property shall be governed by bylaws, which may either be embodied in the declaration or in a separate instrument, a true copy of which shall be appended to and recorded with the declaration. No modification or amendment of the declaration or bylaws shall be valid unless the same is set forth in an amendment and such amendment is recorded.
Utah Code § 57-8a-102 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-102
§ 57-8a-102. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Assessment" means a charge imposed or levied: (i) by the association; (ii) on or against a lot or a lot owner; and (iii) in accordance with a governing document recorded with the county recorder. (b) "Assessment" includes: (i) a common expense; and (ii) an amount assessed against a lot owner under Subsection 57-8a-405(7). (2) (a) Except as provided in Subsection (2)(b), "association" means a corporation or other legal entity, any member of which: (i) is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and (ii) by virtue of membership or ownership of a residential lot is obligated to pay: (A) real property taxes; (B) insurance premiums; (C) maintenance costs; or (D) for improvement of real property not owned by the member. (b) "Association" or "homeowner association" does not include an association created under Chapter 8, Condominium Ownership Act. (3) "Board meeting" means a gathering of a board, whether in person or by means of electronic communication, at which the board can take binding action. (4) "Board of directors" or "board" means the entity, regardless of name, with primary authority to manage the affairs of the association. (5) "Common areas" means property that the association: (a) owns; (b) maintains; (c) repairs; or (d) administers. (6) "Common expense" means costs incurred by the association to exercise any of the powers provided for in the association's governing documents. (7) (a) "Declarant" means the person who executes a declaration and submits the declaration for recording in the office of the recorder of the county in which the property described in the declaration is located. (b) "Declarant" includes: (i) the successor and assign of the person described in Subsection (7)(a); and (ii) an affiliate or related business entity of the person described in Subsection (7)(a). (8) "Development right" means any right or combination of rights a declarant reserves in the declaration to: (a) add real estate to an association; (b) create lots, common elements, or limited common elements within an association; (c) subdivide lots or convert lots into common elements; or (d) withdraw real estate from an association. (9) "Director" means a member of the board of directors. (10) "Electrical corporation" means the same as that term is defined in Section 54-2-1. (11) "Gas corporation" means the same as that term is defined in Section 54-2-1. (12) (a) "Governing documents" means a written instrument by which the association may: (i) exercise powers; or (ii) manage, maintain, or otherwise affect the property under the jurisdiction of the association. (b) "Governing documents" includes: (i) articles of incorporation; (ii) bylaws; (iii) a plat; (iv) a declaration of covenants, conditions, and restrictions; and (v) rules of the association. (13) "Independent third party" means a person that: (a) is not related to the owner of the residential lot; (b) shares no pecuniary interests with the owner of the residential lot; and (c) purchases the residential lot in good faith and without the intent to defraud a current or future lienholder. (14) "Judicial foreclosure" means a foreclosure of a lot: (a) for the nonpayment of an assessment; (b) in the manner provided by law for the foreclosure of a mortgage on real property; and (c) as provided in Part 3, Collection of Assessments. (15) "Lease" or "leasing" means regular, exclusive occupancy of a lot: (a) by a person or persons other than the owner; and (b) for which the owner receives a consideration or benefit, including a fee, service, gratuity, or emolument. (16) "Limited common areas" means common areas described in the declaration and allocated for the exclusive use of one or more lot owners. (17) "Lot" means: (a) a lot, parcel, plot, or other division of land: (i) designated for separate ownership or occupancy; and (ii) (A) shown on a recorded subdivision plat; or (B) the boundaries of which are described in a recorded governing document; or (b) (i) a unit in a condominium association if the condominium association is a part of a development; or (ii) a unit in a real estate cooperative if the real estate cooperative is part of a development. (18) "Manager" means a person with whom the board enters into a contract for the person to: (a) provide administrative or financial services for the association; or (b) act on behalf of the association in accordance with this chapter. (19) (a) "Means of electronic communication" means an electronic system that allows individuals to communicate orally in real time. (b) "Means of electronic communication" includes: (i) web conferencing; (ii) video conferencing; and (iii) telephone conferencing. (20) "Mixed-use project" means a project under this chapter that has both residential and commercial lots in the project. (21) "Nonjudicial foreclosure" means the sale of a lot: (a) for the nonpayment of an assessment; (b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and (c) as provided in Part 3, Collection of Assessments. (22) "Period of administrative control" means the period during which the person who filed the association's governing documents or the person's successor in interest retains authority to: (a) appoint or remove members of the association's board of directors; or (b) exercise power or authority assigned to the association under the association's governing documents. (23) "Political sign" means any sign or document that advocates: (a) the election or defeat of a candidate for public office; or (b) the approval or defeat of a ballot proposition. (24) "Protected area" means the same as that term is defined in Section 77-27-21.7. (25) "Rentals" or "rental lot" means: (a) a lot that: (i) is not owned by an entity or trust; and (ii) is occupied by an individual while the lot owner is not occupying the lot as the lot owner's primary residence; (b) an occupied lot owned by an entity or trust, regardless of who occupies the lot; or (c) an internal accessory dwelling unit as defined in Section 10-21-101 or 17-80-101. (26) "Residential lot" means a lot, the use of which is limited by law, covenant, or otherwise to primarily residential or recreational purposes. (27) (a) "Rule" means a policy, guideline, restriction, procedure, or regulation of an association that: (i) is not set forth in a contract, easement, article of incorporation, bylaw, or declaration; and (ii) governs: (A) the conduct of persons; or (B) the use, quality, type, design, or appearance of real property or personal property. (b) "Rule" does not include the internal business operating procedures of a board. (28) "Sex offender" means an individual who is a sex offender as described in Subsection 53-29-202(2)(b) if the offense that the individual committed that resulted in the individual being a sex offender was committed against an individual younger than 18 years old. (29) "Solar energy system" means: (a) a system that is used to produce electric energy from sunlight; and (b) the components of the system described in Subsection (29)(a).
Utah Code § 57-27-201 — Utah Code / Title 57 / Chapter 57-27 / § 57-27-201
§ 57-27-201. Disclosure of contaminated property required.
Status: in_force

(1) Subject to Section 57-1-37, if an owner or lessor of real property has actual knowledge that the property is currently contaminated from the use, storage, or manufacture of methamphetamines, the owner or lessor shall, in a real property lease, conveyance, or other transaction related to the contaminated property, disclose that the property is contaminated. (2) (a) If an owner's or lessor's real property is contaminated from the use, storage, or manufacture of methamphetamines, the owner or lessor may report the contaminated property to a government agency responsible for monitoring the decontamination process and documenting that the test results meet decontamination standards. (b) Notwithstanding Subsection (2)(a), an owner or lessor whose contaminated property is reported in a police action related to the manufacturing of methamphetamines shall be subject to the provisions of Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act. (3) (a) A person may file a civil action to enforce this chapter. (b) A court may award a prevailing party damages, court costs, and reasonable attorney fees for an action filed under this chapter.
Utah Code § 57-14-203 — Utah Code / Title 57 / Chapter 57-14 / § 57-14-203
§ 57-14-203. Land leased to state or political subdivision for recreational purposes.
Status: in_force

Unless otherwise agreed in writing, Sections 57-14-201 and 57-14-202 are applicable to the duties and liability of an owner of land leased to the state or any subdivision of the state for recreational purposes.
Utah Code § 57-16-7.5 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-7.5
§ 57-16-7.5. Payment of rent required after notice -- Summary judgment.
Status: in_force

(1) (a) Any resident shall continue to pay the mobile home park all rent required by the lease after having been served with any notice pursuant to this chapter, except a notice for nonpayment of rent. (b) In cases not involving payment of rent, the mobile home park may accept rent without waiving any rights under this chapter. (2) If the resident fails to pay rent, the mobile home park shall be entitled to summary judgment for: (a) the rent owed; (b) termination of the lease; and (c) restitution of the premises. (3) The summary judgment as provided in Subsection (2) shall be granted even if a five-day notice to pay or quit was not served, so long as another appropriate notice under this chapter has been served.
Utah Code § 57-13b-102 — Utah Code / Title 57 / Chapter 57-13b / § 57-13b-102
§ 57-13b-102. Definition.
Status: in_force

As used in this chapter, "historical livestock trail" means property over which livestock has historically traveled to or from a grazing area or market.
Utah Code § 57-11-14 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-14
§ 57-11-14. Revocation, suspension, or denial of registration -- Grounds -- Suspension or revocation of license.
Status: in_force

(1) (a) If the division makes a written finding of fact that a subdivider engages in one or more acts described in Subsection (1)(b), the division may: (i) deny an application for registration; (ii) revoke, suspend, or deny reissuance of a registration; or (iii) impose a civil penalty not to exceed the greater of: (A) $2,500 for each violation; or (B) the amount of any gain or economic benefit derived from each violation. (b) Subsection (1)(a) applies if the division makes a written finding of fact that a subdivider: (i) fails to comply with the terms of a cease and desist order; (ii) is convicted in a court prior or subsequent to the filing of the application for registration of a crime involving: (A) fraud; (B) deception; (C) false pretenses; (D) misrepresentation; (E) false advertising; or (F) dishonest dealing in real estate transactions; (iii) is subject to an injunction or administrative order restraining a false or misleading promotional plan involving land dispositions; (iv) disposes of, conceals, or diverts funds or assets of any person so as to defeat the rights of subdivision purchasers; (v) fails to perform faithfully a stipulation or agreement made with the division as an inducement to: (A) grant a registration; (B) reinstate a registration; (C) revoke a cease and desist order; or (D) approve any promotional plan or public offering statement; (vi) makes an intentional misrepresentation, or conceals a material fact, in an application for registration; (vii) violates this chapter or the rules adopted under this chapter; (viii) directly or through an agent or employee knowingly engages in false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands; (ix) engages in the offering of subdivided lands that has constituted or that may constitute a fraud upon purchasers or prospective purchasers of the subdivided lands; or (x) engages in a dishonest practice in any industry involving sales to consumers. (c) The division shall accompany with a finding of fact required by this Subsection (1) a concise and explicit statement of the underlying facts supporting the finding. (2) As an alternative to revoking the registration of a subdivider, the director may issue a cease and desist order if after notice and a hearing the director finds that the subdivider is guilty of a violation for which revocation may be ordered. (3) (a) The division shall suspend or revoke the license of a principal broker, associate broker, or sales agent who violates this chapter for the period of time the director determines to be justified under the circumstances. (b) A suspension or revocation under this section is in addition to any other penalty that may be imposed under this chapter, subject to Section 61-2f-404.
Utah Code § 57-1-47 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-47
§ 57-1-47. Notice requirements for continuation of existing private transfer fee obligations.
Status: in_force

(1) In addition to the requirements described in Subsection 57-1-46(7), a person required to file a notice under this section shall: (a) (i) file the notice described in this section on or before May 31, 2024; and (ii) re-file the notice, no earlier than May 1 and no later than May 31, every three years thereafter; and (b) amend the notice to reflect any change in the name or address of any payee included in the notice no later than the 30 days after the day on which the change occurs. (2) A person who amends a notice filed under Subsection (1) shall include with the amendment: (a) the recording information of the original notice; and (b) the legal description of the property subject to the private transfer fee obligation. (3) To be effective, a notice filed under this section shall be approved in writing by every person holding a majority of the beneficial interests in the private transfer fee obligation. (4) If a person required to file a notice under this section fails to comply with this section: (a) payment of the private transfer fee may not be a requirement for the conveyance of an interest in the property to a purchaser; (b) the property is not subject to further obligation under the private transfer fee obligation; and (c) the private transfer fee obligation is void. (5) (a) A recorded notice of transfer fee covenant that complies with the requirements of this section is valid and effective, unless the notice of transfer fee covenant is a wrongful lien as that term is defined in Section 38-9-102. (b) A county recorder is not required to determine whether a notice of transfer fee covenant is a wrongful lien for purposes of this Subsection (5). (6) (a) A person that is no longer subject to a private transfer fee obligation may seek declaratory relief in court to address any encumbrance on real property owned by the person. (b) Upon a successful claim for declaratory relief, as described in Subsection (6)(a), a court may award the person costs and reasonable attorney fees. (7) This section does not apply to a reinvestment fee covenant, as that term is defined in Section 57-1-46.
Utah Code § 57-8-47 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-47
§ 57-8-47. Provisions applicable to nonjudicial foreclosure.
Status: in_force

(1) An association of unit owners' nonjudicial foreclosure of a unit is governed by: (a) Sections 57-1-19 through 57-1-34, to the same extent as though the association of unit owners' lien were a trust deed; and (b) this chapter. (2) If there is a conflict between a provision of this chapter and a provision of Sections 57-1-19 through 57-1-34 with respect to an association of unit owners' nonjudicial foreclosure of a unit, the provision of this chapter controls.
Utah Code § 57-25-114 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-114
§ 57-25-114. Severability.
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Utah Code § 57-19-13 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-13
§ 57-19-13. Suspension, revocation, or denial of registration -- Fine.
Status: in_force

(1) Subject to Section 57-19-17, if the director finds that an applicant or developer has engaged in an act described in Subsection (2), the director may: (a) deny an application for registration of a development; (b) suspend or revoke an existing registration; or (c) except as provided in Subsection (3), impose a fine of not more than $5,000. (2) Subsection (1) applies if the director finds that: (a) the developer's advertising or sales techniques or trade practices have been or are deceptive, false, or misleading; (b) the developer fails to file a copy of the developer's sales contract forms as required under Section 57-19-8; (c) the developer fails to comply with any provision of this chapter or any rule adopted under this chapter that materially affects or would affect the rights of a purchaser or prospective purchaser of an interest in a development, or that materially affects the administration of this chapter; (d) the developer makes a fraudulent offer of an interest in a development to a purchaser or prospective purchaser of the interest; (e) the developer's application or any amendment to an application is incomplete in any material respect; (f) the developer's application or any amendment to an application contains material misrepresentations or omissions of material fact that are necessary to make the statements contained in the application or amendment not misleading; (g) the developer or any officer or director of the developer has been: (i) convicted of a felony, or any misdemeanor involving theft, fraud, or dishonesty; (ii) enjoined from, assessed a civil penalty for, or found to have engaged in a violation of any law designed to protect consumers; or (iii) engaged in dishonest practices in any industry involving sales to consumers; (h) the developer has represented or is representing to purchasers in connection with the offer or sale of an interest in a development that any accommodations, related facilities, or amenities are planned, without reasonable grounds to believe that they will be completed within a reasonable time; (i) the developer disposes, conceals, or diverts any funds or assets so as to defeat the rights of purchasers; (j) the developer fails to provide to a purchaser a copy of the written disclosure required by Section 57-19-11; or (k) the developer, the developer's successor in interest, or a managing association discloses a purchaser's name, address, or email address to an unaffiliated entity without first obtaining written consent from the purchaser, unless the disclosure is in response to a subpoena or an order of a court or administrative tribunal. (3) The authority to impose a fine under this section does not apply to Subsection (2)(e). (4) Notwithstanding Subsection (2)(k), a developer shall, upon request by the division, provide the division a list of each purchaser's name, address, and email address.
Utah Code § 57-21-4 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-4
§ 57-21-4. Conduct and requirements excluded -- Defenses.
Status: in_force

(1) Except as provided in Subsections 57-21-5(4) and (5), this chapter does not: (a) require a person to exercise a higher degree of care toward an individual who has a disability than toward an individual who does not have a disability; (b) relieve a person of an obligation generally imposed on all persons regardless of disability in a written lease, rental agreement, contract of purchase or sale, mortgage, trust deed, or other financing agreement; or (c) prohibit any program, service, facility, or privilege intended to habilitate, rehabilitate, or accommodate an individual with a disability. (2) (a) It is a defense to a complaint or action brought under this chapter that the complainant has a disability that, in the circumstances and even with reasonable accommodation, poses a serious threat to the health or safety of the complainant or others. (b) The respondent bears the burden of proving a defense in accordance with Subsection (2)(a).
Utah Code § 57-25-109 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-109
§ 57-25-109. Duration -- Amendment by court action.
Status: in_force

(1) An environmental covenant is perpetual unless it is: (a) (i) limited to a specific duration by its terms; or (ii) terminated by the occurrence of a specific event; (b) terminated by consent under Section 57-25-110; (c) terminated under Subsection (2); (d) terminated by foreclosure of an interest that has priority over the environmental covenant; or (e) terminated or modified in an eminent domain proceeding, but only if: (i) the agency that signed the covenant is a party to the proceeding; (ii) all persons identified in Subsections 57-25-110(1) and (2) are given notice of the pendency of the proceeding; and (iii) the court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. (2) (a) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in Subsections 57-25-110(1) and (2) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. (b) The Department of Environmental Quality's determination under Subsection (2)(a) or its failure to make a determination upon request is subject to review under Title 63G, Chapter 4, Administrative Procedures Act. (c) A federal agency's determination under Subsection (2)(a) or its failure to make a determination upon request is subject to review under applicable federal law. (3) Except as otherwise provided in Subsections (1) and (2), an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine. (4) An environmental covenant may not be extinguished, limited, or impaired by application of Title 57, Chapter 9, Marketable Record Title.
Utah Code § 57-16-1 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-1
§ 57-16-1. Short title.
Status: in_force

This act shall be known and may be cited as the "Mobile Home Park Residency Act."
Utah Code § 57-8a-217 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-217
§ 57-8a-217. Association rules, including design criteria -- Requirements and limitations relating to board's action on rules and design criteria -- Vote of disapproval.
Status: in_force

(1) (a) Subject to Subsection (1)(b), a board may adopt, amend, modify, cancel, limit, create exceptions to, or expand the rules of the association. (b) A board's action under Subsection (1)(a) is subject to: (i) this section; (ii) any limitation that the declaration imposes on the authority stated in Subsection (1)(a); (iii) the limitation on rules in Sections 57-8a-218 and 57-8a-219; (iv) the board's duty to exercise business judgment on behalf of: (A) the association; and (B) the lot owners in the association; (v) the right of the lot owners or declarant to disapprove the action under Subsection (4) ; and (vi) Subsection (7). (2) Except as provided in Subsection (3), before adopting, amending, modifying, canceling, limiting, creating exceptions to, or expanding the rules of the association, the board shall: (a) at least 15 days before the board will meet to consider a change to a rule or design criterion, deliver notice to lot owners, as provided in Section 57-8a-214, that the board is considering a change to a rule or design criterion; (b) provide an open forum at the board meeting giving lot owners an opportunity to be heard at the board meeting before the board takes action under Subsection (1)(a); and (c) deliver a copy of the change in the rules or design criteria approved by the board to the lot owners as provided in Section 57-8a-214 within 15 days after the date of the board meeting. (3) (a) Subject to Subsection (3)(b), a board may adopt a rule without first giving notice to the lot owners under Subsection (2) if there is an imminent risk of harm to a common area, a limited common area, a lot owner, an occupant of a lot, a lot, or a dwelling. (b) The board shall provide notice under Subsection (2) to the lot owners of a rule adopted under Subsection (3)(a). (4) A board action in accordance with Subsections (1), (2), and (3) is disapproved if within 60 days after the date of the board meeting where the action was taken: (a) (i) there is a vote of disapproval by at least 51% of all the allocated voting interests of the lot owners in the association; and (ii) the vote is taken at a special meeting called for that purpose by the lot owners under the declaration, articles, or bylaws; or (b) (i) the declarant delivers to the board a writing of disapproval; and (ii) (A) the declarant is within the period of administrative control; or (B) for an expandable project, the declarant has the right to add real estate to the project. (5) (a) The board has no obligation to call a meeting of the lot owners to consider disapproval, unless lot owners submit a petition, in the same manner as the declaration, articles, or bylaws provide for a special meeting, for the meeting to be held. (b) Upon the board receiving a petition under Subsection (5)(a), the effect of the board's action is: (i) stayed until after the meeting is held; and (ii) subject to the outcome of the meeting. (6) During the period of administrative control, a declarant may exempt the declarant from association rules and the rulemaking procedure under this section if the declaration reserves to the declarant the right to exempt the declarant. (7) An action against an association or member of the association's board based upon failure to comply with the requirements of Subsection (2) shall be commenced no later than 18 months after the day on which the board took the challenged action under Subsection (2).
Utah Code § 57-25-110 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-110
§ 57-25-110. Amendment or termination by consent.
Status: in_force

(1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (a) the agency; (b) unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; (c) each person that originally signed the covenant, unless: (i) the person waived in a signed record the right to consent; (ii) the executive director of the Department of Environmental Quality finds that the person: (A) no longer exists; (B) is not legally competent to sign the amendment or termination; or (C) cannot be located or identified with the exercise of reasonable diligence; or (iii) a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and (d) except as otherwise provided in Subsection (4)(b), the holder. (2) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments. (3) Except for an assignment undertaken under a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment. (4) Except as otherwise provided in an environmental covenant: (a) a holder may not assign its interest without consent of the other parties; and (b) a holder may be removed and replaced by agreement of the other parties specified in Subsection (1). (5) A court of competent jurisdiction may fill a vacancy in the position of holder. (6) A person required by Subsection (1) to sign the amendment or termination may authorize in writing another person to sign the amendment or termination on the person's behalf.
Utah Code § 57-29-303 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-303
§ 57-29-303. Investigatory powers and proceedings of division.
Status: in_force

(1) The division may: (a) conduct a public or private investigation to determine whether a person has violated or is about to violate a provision of this chapter; and (b) require or allow a person to file a written statement with the division that relates to the facts and circumstances concerning a matter to be investigated. (2) For the purpose of an investigation or proceeding under this chapter, the division may: (a) administer oaths or affirmations; and (b) upon the division's own initiative or upon the request of any party: (i) subpoena a witness; (ii) compel a witness's attendance; (iii) take evidence; or (iv) require the production, within 10 business days, of any information or item that is relevant to the investigation, including: (A) the existence, description, nature, custody, condition, and location of any books, electronic records, documents, or other tangible records; (B) the identity and location of any person who has knowledge of relevant facts; or (C) any other information or item that is reasonably calculated to lead to the discovery of material evidence. (3) If a person fails to obey a subpoena or other request made in accordance with this section, the division may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an order compelling compliance.
Utah Code § 57-8-38 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-38
§ 57-8-38. Arbitration.
Status: in_force

The declaration, bylaws, or association rules may provide that disputes between the parties shall be submitted to arbitration pursuant to Title 78B, Chapter 11, Utah Uniform Arbitration Act.
Utah Code § 57-3-204 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-204
§ 57-3-204. Constructive notice -- Effect as between direct parties to mortgage or trust deed.
Status: in_force

(1) The recording of a mortgage or trust deed that incorporates a provision of a master form in accordance with Section 57-3-203, operates as constructive notice of the mortgage or trust deed, including all incorporated provisions of the referenced master form. (2) Nothing in this part modifies the law regarding the effectiveness of a mortgage, trust deed, or contract as between: (a) the mortgagor and mortgagee of the mortgage; or (b) the trustor, beneficiary, and trustee under a trust deed.
Utah Code § 57-8-6.3 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-6.3
§ 57-8-6.3. Fee for providing payoff information needed at closing.
Status: in_force

(1) Unless specifically authorized in the declaration, bylaws, or rules, an association of unit owners may not charge a fee for providing association payoff information needed in connection with the closing of a unit owner's financing, refinancing, or sale of the owner's unit. (2) An association of unit owners may not: (a) require a fee described in Subsection (1) that is authorized in the declaration, bylaws, or rules to be paid before closing; or (b) charge the fee if it exceeds $50. (3) (a) An association of unit owners that fails to provide information described in Subsection (1) within five business days after the closing agent requests the information may not enforce a lien against that unit for money due to the association at closing. (b) A request under Subsection (3)(a) is not effective unless the request: (i) is conveyed in writing to the primary contact person designated under Subsection 57-8-13.1(3)(d); (ii) contains: (A) the name, telephone number, and address of the person making the request; and (B) the facsimile number or email address for delivery of the payoff information; and (iii) is accompanied by a written consent for the release of the payoff information: (A) identifying the person requesting the information as a person to whom the payoff information may be released; and (B) signed and dated by an owner of the unit for which the payoff information is requested. (4) This section applies to each association of unit owners, regardless of when the association of unit owners is formed.
Utah Code § 57-8-19 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-19
§ 57-8-19. Liens against units -- Removal from lien -- Effect of part payment.
Status: in_force

(1) Subsequent to recording the declaration as provided in this act, and while the property remains subject to this act, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the percentage of undivided interest in the common areas and facilities appurtenant to such unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided that no labor performed or materials furnished with the consent or at the request of a unit owner or the unit owner's agent or the unit owner's contractor or subcontractor shall be the basis for the filing of a lien pursuant to the lien law against the unit of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs. Labor performed or materials furnished for the common areas and facilities, if authorized by the unit owners, the manager or management committee in accordance with this act, the declaration or bylaws or the house rules, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the lien law against each of the units. (2) In the event a lien against two or more units becomes effective, the unit owners of the separate units may remove their units and the percentage of undivided interest in the common areas and facilities appurtenant to such units from the lien by payment of the fractional or proportional amount attributable to each of the units affected. Such individual payment shall be computed by reference to the percentages appearing in the declaration. Subsequent to any payment, discharge or other satisfaction, the unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the lien so paid, satisfied or discharged. Partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce the lienor's rights against any unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.
Utah Code § 57-1-29 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-29
§ 57-1-29. Proceeds of trustee's sale -- Disposition.
Status: in_force

(1) (a) The trustee shall apply the proceeds of a trustee's sale in the following order: (i) first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the trustee's and attorney fees actually incurred not to exceed any amount provided for in the trust deed; (ii) second, to payment of the obligation secured by the trust deed; and (iii) (A) the balance, if any, to the person or persons legally entitled to the proceeds; or (B) the trustee, in the trustee's discretion, may deposit the balance of the proceeds with the clerk of the district court of the county in which the sale took place. (b) If the proceeds are deposited with the clerk of the district court, the trustee shall file an affidavit with the clerk setting forth the facts of the deposit and a list of all known claimants, including known addresses. (c) Upon depositing the balance and filing the affidavit, the trustee is discharged from all further responsibility and the clerk shall deposit the proceeds with the state treasurer subject to the order of the district court. (2) The clerk shall give notice of the deposited funds to all claimants listed in the trustee's affidavit within 15 days of receiving the affidavit of deposit from the trustee. (3) (a) A claimant may file a petition for adjudication of priority to the funds if the claimant pays to the court clerk a filing fee in the amount of $50. (b) A petitioner requesting funds under Subsection (3)(a) shall give notice of the petition to all claimants listed in the trustee's affidavit and to any other claimants known to the petitioner. (c) The petitioner's notice under Subsection (3)(b) shall specify that all claimants have 60 days to contest the petition by affidavit or counter-petition. (d) If no affidavit or counter-petition is filed within 60 days of the notice required by Subsection (3)(c), the court shall, without a hearing, enter an order directing the clerk of the court or the county treasurer to disburse the funds to the petitioner according to the petition. (4) (a) If a petition for adjudication is contested by affidavit or counter-petition, the district court shall, within 20 days, conduct a hearing to establish the priorities of the parties to the deposited funds and give notice to all known claimants of the date and time of the hearing. (b) At a hearing under Subsection (4)(a), the court shall establish the priorities of the parties to the deposited funds and enter an order directing the clerk of the court or county treasurer to disburse the funds according to the court's determination. (5) A person having or claiming to have an interest in the disposition of funds deposited with the court under Subsection (1) who fails to appear and assert the person's claim is barred from any claim to the funds after the entry of the court's order under Subsection (4).
Utah Code § 57-25-112 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-112
§ 57-25-112. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among jurisdictions that enact it.
Utah Code § 57-8-5 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-5
§ 57-8-5. Recognized tenancy relationships.
Status: in_force

Any unit may be held and owned by more than one person as joint tenants, or as tenants in common, or in any other real property tenancy relationship recognized under the laws of the state of Utah.
Utah Code § 57-1-25 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-25
§ 57-1-25. Notice of trustee's sale -- Description of property -- Time and place of sale.
Status: in_force

(1) The trustee shall give written notice of the time and place of sale particularly describing the property to be sold: (a) by publication of the notice: (i) (A) at least three times; (B) at least once a week for three consecutive weeks; (C) the last publication to be at least 10 days but not more than 30 days before the date the sale is scheduled; and (D) in a newspaper having a general circulation in each county in which the property to be sold, or some part of the property to be sold, is situated; and (ii) in accordance with Section 45-1-101 for 30 days before the date the sale is scheduled; (b) by posting the notice: (i) at least 20 days before the date the sale is scheduled; and (ii) (A) in some conspicuous place on the property to be sold; and (B) at the office of the county recorder of each county in which the trust property, or some part of it, is located; and (c) if the stated purpose of the obligation for which the trust deed was given as security is to finance residential rental property: (i) by posting the notice, including the statement required under Subsection (3)(b): (A) on the primary door of each dwelling unit on the property to be sold, if the property to be sold has fewer than nine dwelling units; or (B) in at least three conspicuous places on the property to be sold, in addition to the posting required under Subsection (1)(b)(ii)(A), if the property to be sold has nine or more dwelling units; or (ii) by mailing the notice, including the statement required under Subsection (3)(b), to the occupant of each dwelling unit on the property to be sold. (2) (a) The sale shall be held at the time and place designated in the notice of sale. (b) The time of sale shall be between the hours of 8 a.m. and 5 p.m. (c) The place of sale shall be clearly identified in the notice of sale under Subsection (1) and shall be at a courthouse serving the county in which the property to be sold, or some part of the property to be sold, is located. (3) (a) The notice of sale shall be in substantially the following form:Notice of Trustee's SaleThe following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States at the time of sale, at (insert location of sale) ________________on __________(month\day\year), at __.m. of said day, for the purpose of foreclosing a trust deed originally executed by ____ (and ____, his wife,) as trustors, in favor of ____, covering real property located at ____, and more particularly described as:(Insert legal description)The current beneficiary of the trust deed is ______________________ and the record owners of the property as of the recording of the notice of default are _________________ and ____________________.Dated __________(month\day\year)._______________Trustee (b) If the stated purpose of the obligation for which the trust deed was given as security is to finance residential rental property, the notice required under Subsection (1)(c) shall include a statement, in at least 14-point font, substantially as follows:"Notice to TenantAs stated in the accompanying Notice of Trustee's Sale, this property is scheduled to be sold at public auction to the highest bidder unless the default in the obligation secured by this property is cured. If the property is sold, you may be allowed under federal law to continue to occupy your rental unit until your rental agreement expires, or until 90 days after the date you are served with a notice to vacate, whichever is later. If your rental or lease agreement expires after the 90-day period, you may need to provide a copy of your rental or lease agreement to the new owner to prove your right to remain on the property longer than 90 days after the sale of the property.You must continue to pay your rent and comply with other requirements of your rental or lease agreement or you will be subject to eviction for violating your rental or lease agreement.The new owner or the new owner's representative will probably contact you after the property is sold with directions about where to pay rent.The new owner of the property may or may not want to offer to enter into a new rental or lease agreement with you at the expiration of the period described above." (4) The failure to provide notice as required under Subsections (1)(c) and (3)(b) or a defect in that notice may not be the basis for challenging or invaliding a trustee's sale. (5) A trustee qualified under Subsection 57-1-21(1)(a)(i) or (iv) who exercises a power of sale has a duty to the trustor not to defraud, or conspire or scheme to defraud, the trustor.
Utah Code § 57-2a-3 — Utah Code / Title 57 / Chapter 57-2a / § 57-2a-3
§ 57-2a-3. Persons authorized to perform notarial acts.
Status: in_force

(1) Notarial acts performed in this state shall be performed by: (a) a judge or court clerk having a seal; (b) a notary public; or (c) a county clerk or county recorder. (2) The following persons authorized under the laws and regulations of other governments may perform notarial acts outside this state for use in this state with the same effect as if performed by a notary public of this state: (a) a notary public authorized to perform notarial acts in the place where the act is performed; (b) a judge, clerk, or deputy clerk of any court of record in the place where the notarial act is performed; (c) an officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place where the act is performed; (d) a commissioned officer in active service with the Armed Forces of the United States and any other person authorized by regulation of the Armed Forces to perform notarial acts if the notarial act is performed for any of that person's dependents, a merchant seaman of the United States, a member of the Armed Forces of the United States, or any other person serving with or accompanying the Armed Forces of the United States; or (e) any other person authorized to perform notarial acts in the place where the act is performed.
Utah Code § 57-8a-309 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-309
§ 57-8a-309. Termination of a delinquent owner's rights -- Notice -- Informal hearing.
Status: in_force

(1) As used in this section, "delinquent lot owner" means a lot owner who fails to pay an assessment when due. (2) A board may, if authorized in the declaration, bylaws, or rules and as provided in this section, terminate a delinquent lot owner's right: (a) to receive a utility service for which the lot owner pays as a common expense; or (b) of access to and use of recreational facilities. (3) (a) Before terminating a utility service or right of access to and use of recreational facilities under Subsection (2), the manager or board shall give the delinquent lot owner notice in a manner provided in the declaration, bylaws, or association rules. (b) (i) A notice under Subsection (3)(a) shall state: (A) that the association will terminate the lot owner's utility service or right of access to and use of recreational facilities, or both, if the association does not receive payment of the assessment within the time provided in the declaration, bylaws, or association rules, subject to Subsection (3)(b)(ii); (B) the amount of the assessment due, including any interest or late payment fee; and (C) the lot owner's right to request a hearing under Subsection (4). (ii) The time provided under Subsection (3)(b)(i)(A) may not be less than 14 days. (iii) A notice under Subsection (3)(a) may include the estimated cost to reinstate a utility service if service is terminated. (4) (a) A delinquent lot owner may submit a written request to the board for an informal hearing to dispute the assessment. (b) A request under Subsection (4)(a) shall be submitted within 14 days after the date the delinquent lot owner receives the notice under Subsection (3). (5) A board shall conduct an informal hearing requested under Subsection (4) in accordance with the standards provided in the declaration, bylaws, or association rules. (6) If a delinquent lot owner requests a hearing, the association may not terminate a utility service or right of access to and use of recreational facilities until after the board: (a) conducts the hearing; and (b) enters a final decision. (7) If an association terminates a utility service or a right of access to and use of recreational facilities, the association shall take immediate action to reinstate the service or right following the lot owner's payment of the assessment, including any interest and late payment fee. (8) An association may: (a) assess a lot owner for the cost associated with reinstating a utility service that the association terminates as provided in this section; and (b) demand that the estimated cost to reinstate the utility service be paid before the service is reinstated, if the estimated cost is included in a notice under Subsection (3).
Utah Code § 57-21-8 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-8
§ 57-21-8. Jurisdiction -- Commission -- Division.
Status: in_force

(1) The commission has jurisdiction over the subject of housing discrimination under this chapter and may delegate the responsibility of receiving, processing, and investigating allegations of discriminatory housing practices and enforcing this chapter to the division. (2) The commission may: (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules necessary to administer this chapter; (b) appoint and prescribe the duties of investigators, legal counsel, and other employees and agents that it considers necessary for the enforcement of this chapter; and (c) issue subpoenas to compel the attendance of witnesses or the production of evidence for use in any investigation, conference, or hearing conducted by the division, and if a person fails to comply with a subpoena, petition a court of competent jurisdiction for an order to show cause why that person should not be held in contempt. (3) The division: (a) may receive, reject, investigate, and determine complaints alleging discriminatory housing practices prohibited by this chapter; (b) shall attempt conciliation between the parties through informal efforts, conference, persuasion, or other reasonable methods for the purposes of resolving the complaint; (c) may seek prompt judicial action for appropriate temporary or preliminary relief pending final disposition of a complaint if the division and the commission conclude that an action is necessary to carry out the purposes of this chapter; (d) may, with the commission, initiate a civil action in a court of competent jurisdiction to: (i) enforce the rights granted or protected under this chapter; (ii) seek injunctive or other equitable relief, including temporary restraining orders, preliminary injunctions, or permanent injunctions; (iii) seek damages; (iv) enforce final commission orders on the division's own behalf or on behalf of another person in order to carry out the purposes of this chapter; and (v) enforce the terms of a conciliation agreement in the event of a breach; (e) may initiate formal agency action under Title 63G, Chapter 4, Administrative Procedures Act; and (f) may promote public awareness of the rights and remedies under this chapter by implementing programs to increase the awareness of landlords, real estate agents, and other citizens of their rights and responsibilities under the Utah Fair Housing Act, but may not solicit fair housing complaints or cases.
Utah Code § 57-29-101 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-101
§ 57-29-101. Title.
Status: in_force

(1) This chapter is known as the "Undivided Fractionalized Long-Term Estate Sales Practices Act." (2) This part is known as "General Provisions."
Utah Code § 57-16-14 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-14
§ 57-16-14. Abandoned premises -- Retaking by owner -- Liability of resident or occupant -- Personal property of resident or occupant left on mobile home space.
Status: in_force

(1) In the event of abandonment under Section 57-16-13, the park may retake the mobile home space and attempt to relet the space at a fair rental value. The resident or occupant who abandoned the premises is liable: (a) for the entire rent, service charges, and fees that would otherwise be due until the premise is relet or for a period not to exceed 90 days, whichever comes first; and (b) any costs incurred by the park necessary to relet the mobile home space at fair market value, including the costs of: (i) moving the mobile home from the mobile home space; (ii) storing the mobile home; and (iii) restoring the mobile home space to a reasonable condition, including the cost of replacing or repairing landscaping that was damaged by the resident or occupant. (2) (a) If the resident or occupant has abandoned the mobile home space, the mobile home, or both, and has left personal property, including the mobile home, on the mobile home space, the park is entitled to remove the property from the mobile home space, store it for the resident or occupant, and recover actual moving and storage costs from the resident, the occupant, or both. With respect to the mobile home, however, the park may elect to contact the lienholder under Section 57-16-9, or to store the mobile home on the mobile home space, while attempting to notify the resident or occupant under Subsection (2)(b)(i). (b) (i) The park shall make reasonable efforts to notify the resident or occupant of the location of the personal property, and that the personal property will be sold at the expiration of 30 days if not redeemed and removed by the resident or occupant. Reasonable efforts require that the park send written notice by regular mail to the resident or occupant at the last known address within the park if the park is unaware of any subsequent address. To redeem the personal property, the resident or occupant is required to pay the reasonable storage and moving charges. (ii) If the personal property has been in storage for over 30 days, notice has been given as required by Subsection (2)(b)(i), and the resident or occupant has made no reasonable effort to recover the personal property, the park may: (A) sell the personal property and apply the proceeds toward any amount the resident or occupant owes; or (B) donate the personal property to charity or dispose of the property. (c) Any excess money from the sale of the personal property, including the mobile home, shall be handled as specified in Title 67, Chapter 4a, Part 2, Presumption of Abandonment. (d) Nothing contained in this chapter shall be in derogation of or alter the owner's rights under Title 38, Chapter 3, Lessors' Liens.
Utah Code § 57-16-3 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-3
§ 57-16-3. Definitions.
Status: in_force

As used in this chapter: (1) "Amenities" means the following physical, recreational or social facilities located at a mobile home park: (a) a club house; (b) a park; (c) a playground; (d) a swimming pool; (e) a hot tub; (f) a tennis court; or (g) a basketball court. (2) "Change of use" means a change of the use of a mobile home park, or any part of it, for a purpose other than the rental of mobile home spaces. (3) "Fees" means other charges incidental to a resident's tenancy including, but not limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for the use of park facilities, and security deposits. (4) "Mobile home" means a transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling. (5) "Mobile home park" means any tract of land on which two or more mobile home spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential purposes. (6) "Mobile home space" means a specific area of land within a mobile home park designed to accommodate one mobile home. (7) "Public utility" means an entity that provides electrical or gas service, including a: (a) public utility as defined in Title 54, Chapter 2, General Provisions; or (b) municipality as defined in Title 10, Utah Municipal Code. (8) "Rent" means charges paid for the privilege of occupying a mobile home space, and may include service charges and fees. (9) "Resident" means an individual who leases or rents space in a mobile home park. (10) "Service charges" means separate charges paid for the use of electrical and gas service improvements which exist at a mobile home space, or for trash removal, sewage and water, or any combination of the above. (11) "Settlement discussion expiration" means: (a) the resident has failed to give a written notice of dispute within the period specified in Subsection 57-16-4.1(2); or (b) the resident and management of the mobile home park have met together under Subsection 57-16-4.1(3) but were unsuccessful in resolving the dispute in their meeting.
Utah Code § 57-18-2 — Utah Code / Title 57 / Chapter 57-18 / § 57-18-2
§ 57-18-2. Definition and characteristics of conservation easement.
Status: in_force

(1) As used in this chapter, "conservation easement" means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land. (2) A conservation easement is an interest in land and runs with the land benefited or burdened by the easement. (3) A conservation easement is valid whether it is appurtenant or in gross. (4) A conservation easement is enforceable by the holder to the easement and its successors and assigns. A conservation easement is enforceable against the grantor and its successors and assigns.
Utah Code § 57-11-15 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-15
§ 57-11-15. Judicial review.
Status: in_force

(1) Any person aggrieved by any order of the division may obtain judicial review. (2) (a) Venue for judicial review of informal adjudicative proceedings is in the district court where the aggrieved person maintains his principal place of business, if situated within this state, or otherwise in the Third Judicial District. (b) Judicial review of informal adjudicative proceedings shall be conducted by the court without a jury.
Utah Code § 57-8a-101 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-101
§ 57-8a-101. Title.
Status: in_force

This chapter is known as the "Community Association Act."
Utah Code § 57-26-116 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-116
§ 57-26-116. Priority subject to subordination.
Status: in_force

This chapter does not preclude subordination by agreement as to rents or proceeds.
Utah Code § 57-13c-114 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-114
§ 57-13c-114. Severability.
Status: in_force

If any provision of this chapter or the application of the chapter to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Utah Code § 57-8-59 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-59
§ 57-8-59. Management committee.
Status: in_force

(1) A member of the management committee shall be: (a) a natural person; and (b) 18 years old or older. (2) An association's bylaws may prescribe other qualifications for members of the management committee in addition to the requirements described in Subsection (1). (3) Without limiting the qualifications an association prescribes under Subsection (2), an association may, through governing documents or the management committee's internal procedures, disqualify an individual from serving as a member of the management committee because the individual: (a) has been convicted of a felony; or (b) is a sex offender. (4) A member of the management committee need not be a resident of this state or a lot owner in the association unless required by the association's bylaws. (5) Except as limited in the declaration, the association of unit owners bylaws or articles of incorporation, or other provisions of this chapter, a management committee acts in all instances on behalf of the association of unit owners.
Utah Code § 57-24-102 — Utah Code / Title 57 / Chapter 57-24 / § 57-24-102
§ 57-24-102. Restriction on prohibition of display of flag.
Status: in_force

(1) A residential property management authority may not prohibit a resident from displaying a flag: (a) consistent with the guidelines in United States Code Title 4, Chapter 1, The Flag; (b) within an area over which the resident has exclusive control; and (c) from a staff, pole, or window. (2) In any action to enforce this section, the prevailing party shall be awarded costs and reasonable attorney fees. (3) This section does not apply to a contract or agreement entered into before May 3, 2004.
Utah Code § 57-18-4 — Utah Code / Title 57 / Chapter 57-18 / § 57-18-4
§ 57-18-4. Requirements for creation.
Status: in_force

(1) Any property owner may grant a conservation easement to any other qualified person as defined in Section 57-18-3 in the same manner and with the same effect as any other conveyance of an interest in real property. (2) (a) A conservation easement shall be in writing and shall be recorded in the office of the recorder of the county in which the easement is granted. (b) Within 10 days after a conservation easement is recorded, the owner of real property for which the conservation easement is granted shall deliver to the assessor of the county in which the property is located a copy of the conservation easement and proof that the conservation easement has been recorded. (c) Before January 1, 2012, each owner of property subject to a conservation easement recorded before May 10, 2011, shall deliver to the assessor of the county in which the property is located a copy of the conservation easement and proof that the conservation easement has been recorded. (3) The instrument that creates a conservation easement shall identify and describe the land subject to the conservation easement by legal description, specify the purpose for which the easement is created, and include a termination date or a statement that the easement continue in perpetuity. (4) Any qualified person, as defined in Section 57-18-3, that receives a conservation easement shall disclose to the easement's grantor, at least three days prior to the granting of the easement, the types of conservation easements available, the legal effect of each easement, and that the grantor should contact an attorney concerning any possible legal and tax implications of granting a conservation easement.
Utah Code § 57-11-12 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-12
§ 57-11-12. Investigatory powers and proceedings of division.
Status: in_force

(1) The division may: (a) make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this act or any rule or order hereunder or to aid in the enforcement of this act or in the prescribing of rules and forms hereunder; (b) require or permit any person to file a complaint in the form required by the division as to all the facts and circumstances concerning the matter to be investigated. (2) For the purpose of any investigation or proceeding under this act, the division or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence. (3) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the division may apply to any district court for an order compelling compliance.
Utah Code § 57-8-16 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-16
§ 57-8-16. Contents of bylaws.
Status: in_force

The bylaws may provide for the following: (1) the establishment of a management committee, the number of persons constituting the committee and the method of selecting the members of the committee; the powers and duties of the management committee; and whether or not the management committee may engage the services of a manager; (2) the method of calling meetings of the unit owners; what percentage of the unit owners shall constitute a quorum, and be authorized to transact business; (3) the maintenance, repair, and replacement of the common areas and facilities and payment therefor; (4) the manner of collecting from the unit owners their share of the common expenses; (5) the designation and removal of personnel necessary for the maintenance, repair, and replacement of the common areas and facilities; (6) the method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities; (7) (a) restrictions on and requirements respecting the use and maintenance of the units and the use of the common areas and facilities as are designed to prevent unreasonable interference with the use of their respective units and of the common areas and facilities by the several unit owners; and (b) restrictions regarding the use of the units may include other prohibitions on, or allowance of, smoking tobacco products; (8) the percentage of votes required to amend the bylaws; and (9) other provisions as may be considered necessary for the administration of the property consistent with this act.
Utah Code § 57-1-49 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-49
§ 57-1-49. Disclosure of annual assessment to a public infrastructure district.
Status: in_force

(1) As used in this section, "public infrastructure district" means an entity created as described in Title 17D, Chapter 4, Public Infrastructure District Act. (2) In a conveyance of residential real property within the boundaries of a public infrastructure district, a seller or the seller's representative shall ensure that the expected annual cost of the public infrastructure district's final tax rate, as shown on the last equalized assessment rolls, is included in a disclosure document at or before closing.
Utah Code § 57-8-28 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-28
§ 57-8-28. Exemption from rules of property.
Status: in_force

The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this act, or of any declaration, bylaws or other document executed in accordance with this act.
Utah Code § 57-8-32 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-32
§ 57-8-32. Sale of property and common areas and facilities.
Status: in_force

(1) As used in this section: (a) "Condemnor" means the same as that term is defined in Section 78B-6-520.3. (b) "Under threat of condemnation" means the same as that term is defined in Section 78B-6-520.3. (2) Subject to Subsection 10-20-809(5) or 17-79-709(5), unless otherwise provided in the declaration or bylaws, and notwithstanding the provisions of Sections 57-8-30 and 57-8-31, the unit owners may by an affirmative vote of at least 67% of unit owners, elect to sell, convey, transfer, or otherwise dispose of the property or all or part of the common areas and facilities. (3) An affirmative vote described in Subsection (2) is binding upon all unit owners, and each unit owner shall execute and deliver the appropriate instruments and perform all acts as necessary to affect the sale, conveyance, transfer, or other disposition of the property or common areas and facilities. (4) The general easement of ingress, egress, and use of the common areas and facilities granted to an association and unit owners through recorded governing documents is extinguished in any portion of the common areas and facilities the unit owners sell, convey, transfer, or otherwise dispose of, if: (a) the unit owners, in selling, conveying, transferring, or otherwise disposing of the portion of the common areas and facilities, comply with: (i) the provisions of this section; and (ii) Section 10-20-809 or 17-79-709; and (b) the sale, conveyance, transfer, or other disposition of the portion of the common areas and facilities results in a person other than the association owning the portion of the common areas and facilities. (5) This section applies to an association of unit owners regardless of when the association of unit owners is created. (6) A declarant may not sell or otherwise encumber any part of the common areas and facilities during the period of administrative control, except: (a) as allowed for convertible land or convertible space within a condominium project; (b) as provided in Section 10-20-809 or 17-79-709; or (c) if the declarant sells or otherwise encumbers a part of the common areas and facilities that are under threat of condemnation to a condemnor. (7) Unless otherwise prohibited by the association's declaration or bylaws, an authorized representative of the association may act as attorney-in-fact for the association's unit owners in executing a sale, conveyance, transfer, or other disposition of the common areas and facilities following an affirmative vote described in Subsection (2).
Utah Code § 57-25-105 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-105
§ 57-25-105. Validity -- Effect on other instruments.
Status: in_force

(1) An environmental covenant that complies with this chapter runs with the land. (2) An environmental covenant that is otherwise effective is valid and enforceable even if: (a) it is not appurtenant to an interest in real property; (b) it can be or has been assigned to a person other than the original holder; (c) it is not of a character that has been recognized traditionally at common law; (d) it imposes a negative burden; (e) it imposes an affirmative obligation on a person having an interest in the real property or on the holder; (f) the benefit or burden does not touch or concern real property; (g) there is no privity of estate or contract; (h) the holder dies, ceases to exist, resigns, or is replaced; or (i) the owner of an interest subject to the environmental covenant and the holder are the same person. (3) (a) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in Subsection (2) or because it was identified as an easement, servitude, deed restriction, or other interest. (b) This chapter does not apply in any other respect to an instrument covered under Subsection (3)(a). (4) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under Utah law.
Utah Code § 57-21-3 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-3
§ 57-21-3. Exemptions -- Sale by private individuals -- Nonprofit organizations -- Noncommercial transactions.
Status: in_force

(1) This chapter does not apply to a single-family dwelling unit sold or rented by its owner if: (a) the owner does not own an interest in four or more single-family dwelling units held for sale or lease at the same time; (b) during a 24-month period, the owner does not sell two or more single-family dwelling units in which the owner was not residing or was not the most recent resident at the time of sale; (c) the owner does not retain or use the facilities or services of a real estate broker or salesperson; and (d) the owner does not use a discriminatory housing practice under Subsection 57-21-5(2) in the sale or rental of the dwelling. (2) This chapter does not apply to a dwelling or a temporary or permanent residence facility if: (a) the discrimination is by sex, as defined in Section 68-3-12.5, sexual orientation, gender identity, or familial status for reasons of personal modesty or privacy, or in the furtherance of a religious institution's free exercise of religious rights under the First Amendment of the United States Constitution or the Utah Constitution; and (b) the dwelling or the temporary or permanent residence facility is: (i) operated by a nonprofit or charitable organization; (ii) owned by, operated by, or under contract with a religious organization, a religious association, a religious educational institution, or a religious society; (iii) owned by, operated by, or under contract with an affiliate of an entity described in Subsection (2)(b)(ii); or (iv) owned by or operated by a person under contract with an entity described in Subsection (2)(b)(ii). (3) This chapter, except for Subsection 57-21-5(2), does not apply to the rental of a room in a single-family dwelling by an owner-occupant of the single-family dwelling to another person if: (a) the dwelling is designed for occupancy by four or fewer families; and (b) the owner-occupant resides in one of the units. (4) (a) (i) Unless membership in a religion is restricted by race, color, sex, or national origin, this chapter does not prohibit an entity described in Subsection (4)(a)(ii) from: (A) limiting the sale, rental, or occupancy of a dwelling or temporary or permanent residence facility the entity owns or operates for primarily noncommercial purposes to persons of the same religion; or (B) giving preference to persons of the same religion when selling, renting, or selecting occupants for a dwelling, or a temporary or permanent residence facility, the entity owns or operates for primarily noncommercial purposes. (ii) The following entities are entitled to the exemptions described in Subsection (4)(a)(i): (A) a religious organization, association, or society; or (B) a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society. (b) (i) This chapter does not prohibit an entity described in Subsection (4)(b)(ii) from: (A) limiting the sale, rental, or occupancy of a dwelling, or a temporary or permanent residence facility, the entity owns or operates to persons of a particular religion, sex, sexual orientation, or gender identity; or (B) giving preference to persons of a particular religion, sex, sexual orientation, or gender identity when selling, renting, or selecting occupants for a dwelling, or a temporary or permanent residence facility, the entity owns or operates. (ii) The following entities are entitled to the exemptions described in Subsection (4)(b)(i): (A) an entity described in Subsection (4)(a)(ii); and (B) a person who owns a dwelling, or a temporary or permanent residence facility, that is under contract with an entity described in Subsection (4)(a)(ii). (5) (a) If the conditions of Subsection (5)(b) are met, this chapter does not prohibit a private club not open to the public, including a fraternity or sorority associated with an institution of higher education, from: (i) limiting the rental or occupancy of lodgings to members; or (ii) giving preference to its members. (b) This Subsection (5) applies only if the private club owns or operates the lodgings as an incident to its primary purpose and not for a commercial purpose. (6) This chapter does not prohibit distinctions based on inability to fulfill the terms and conditions, including financial obligations, of a lease, rental agreement, contract of purchase or sale, mortgage, trust deed, or other financing agreement. (7) This chapter does not prohibit a nonprofit educational institution, including a degree-granting institution of higher education listed in Subsection 53H-1-102(1)(a), from: (a) requiring its single students to live in a dwelling, or a temporary or permanent residence facility, that is owned by, operated by, or under contract with the nonprofit educational institution; (b) segregating a dwelling, or a temporary or permanent residence facility, that is owned by, operated by, or under contract with the nonprofit educational institution on the basis of sex, as defined in Section 68-3-12.5, regardless of gender identity, or familial status or both: (i) for reasons of personal modesty or privacy; or (ii) in the furtherance of a religious institution's free exercise of religious rights under the First Amendment of the United States Constitution or the Utah Constitution; or (c) otherwise assisting another person in making a dwelling, or a temporary or permanent residence facility, available to students on a sex-segregated basis as may be permitted by: (i) regulations implementing the federal Fair Housing Amendments Act of 1988; (ii) Title IX of the Education Amendments of 1972; or (iii) other applicable law. (8) This chapter does not prohibit any reasonable local, state, or federal restriction regarding the maximum number of occupants permitted to occupy a dwelling. (9) A provision of this chapter that pertains to familial status does not apply to the existence, development, sale, rental, advertisement, or financing of an apartment complex, condominium, or other housing development designated as housing for older persons, as defined by Title VIII of the Civil Rights Act of 1968, as amended.
Utah Code § 57-1-40 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-40
§ 57-1-40. Reconveyance of trust deed or release of mortgage -- Procedures -- Forms.
Status: in_force

(1) A title insurer or title agent may reconvey a trust deed or release a mortgage in accordance with the provisions of Subsections (2) through (6) if: (a) the obligation secured by the trust deed or mortgage has been fully paid by the title insurer or title agent; (b) the obligation secured by the trust deed or mortgage has been partially paid by the title insurer or title agent in an amount agreed to by the beneficiary, mortgagee, or servicer as sufficient to release the mortgage or reconvey the trust deed; or (c) the title insurer or title agent possesses satisfactory evidence that an event described in either Subsection (1)(a) or (b) has occurred. (2) A title insurer or title agent may reconvey a trust deed or 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) After the obligation secured by the trust deed or mortgage is paid in full or is partially paid as described in Subsection (1)(b), the title insurer or title agent shall deliver a notice of intent to release or reconvey, 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 release or reconvey shall contain the name of the beneficiary or mortgagee and the servicer if loan payments on the trust deed or mortgage are collected by a servicer, the name of the title insurer or title agent, the date, and be substantially in the following form:NOTICE OF INTENT TO RELEASE OR 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. The undersigned claims or possesses satisfactory evidence that the obligation secured by the trust deed or mortgage was paid in full or that the obligation secured by the trust deed or mortgage was partially paid in an amount agreed to by the beneficiary, mortgagee, or servicer as sufficient to release the mortgage or reconvey the trust deed.3. The undersigned will fully release the mortgage or reconvey the trust deed described in this notice unless, within 60 days from the date stated on this notice, the undersigned has received by certified mail a notice stating that the obligation secured by the trust deed or mortgage has not been paid in full, that payment of an amount less than the whole obligation was not agreed to or was not received by the beneficiary, mortgagee, or servicer, or that the beneficiary, mortgagee, or servicer otherwise objects to the release of the mortgage or the reconveyance of the trust deed. Notice shall be mailed to the address stated on this form.(Signature of title insurer or title agent)(Address of title insurer or title agent) (5) (a) If, within 60 days from the day on which the title insurer or title agent delivered the notice of intent to release or reconvey in accordance with Subsections (3) and (4), a reconveyance of trust deed or 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 in full, that payment of an amount less than the whole obligation was not agreed to or was not received by the beneficiary, mortgagee, or servicer, or that the beneficiary, mortgagee, or servicer objects to the release of the mortgage or reconveyance of the trust deed, the title insurer or title agent may execute, acknowledge, and record a reconveyance of a trust deed or release of a mortgage. (b) A reconveyance of a trust deed under Subsection (5)(a) shall be in substantially the following form:RECONVEYANCE OF TRUST DEED(Name of title insurer or title agent), a (title insurer or title agent) authorized to conduct business in the state does hereby reconvey, without warranty, 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 trust property.)The undersigned title insurer or title agent certifies as follows:1. The undersigned title insurer or title agent:a. has fully paid the obligation secured by the trust deed;b. has partially paid the obligation secured by the trust deed in an amount agreed to by the beneficiary or servicer as sufficient to reconvey the trust deed;c. possesses satisfactory evidence of full payment of the obligation secured by the trust deed; ord. possesses satisfactory evidence of partial payment of the obligation secured by the trust deed in an amount agreed to by the beneficiary or servicer as sufficient to reconvey the trust deed.2. In accordance with the requirements of Utah Code Annotated Subsections 57-1-40(3) and (4), the title insurer or title agent delivered to the beneficiary or servicer, a notice of intent to release or reconvey and a copy of the reconveyance.3. The trust deed has not been reconveyed and the title insurer or title agent did not receive, within 60 days from the day on which the title insurer or title agent delivered the notice of intent to release or reconvey, a notice from the beneficiary or servicer sent by certified mail that the obligation secured by the trust deed has not been paid in full, that payment of an amount less than the whole obligation secured by the trust deed was not agreed to or was not received by the beneficiary or servicer, or that the beneficiary or servicer objects to the 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:RELEASE OF MORTGAGE(Name of title insurer or title agent), a (title insurer or title agent) authorized to conduct business in the state does hereby release the mortgage 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 trust property.)The undersigned title insurer or title agent certifies as follows:1. The undersigned title insurer or title agent:a. has fully paid the obligation secured by the mortgage;b. has partially paid the obligation secured by the mortgage in an amount agreed to by the mortgagee or servicer as sufficient to release the mortgage;c. possesses satisfactory evidence of full payment of the obligation secured by the mortgage; ord. possesses satisfactory evidence of partial payment of the obligation secured by the mortgage in an amount agreed to by the mortgagee or servicer as sufficient to release the mortgage.2. In accordance with the requirements of Utah Code Annotated Subsections 57-1-40(3) and (4), the title insurer or title agent delivered to the mortgagee or servicer a notice of intent to release or reconvey.3. The mortgage has not been released and the title insurer or title agent did not receive, within 60 days from the day on which the title insurer or title agent delivered the notice of intent to release or reconvey, a notice from the mortgagee or servicer sent by certified mail that the obligation secured by the mortgage has not been paid in full, that payment of an amount less than the whole obligation secured by the mortgage was not agreed to or was not received by the mortgagee or servicer, or that the mortgagee or servicer objects to the release of the mortgage._____________________________________________________________________(Notarization)(Signature of title insurer or title agent) (d) (i) A release of mortgage or reconveyance of trust deed that is executed and notarized in accordance with Subsection (5)(b) or (c) is entitled to recordation. (ii) (A) Except as provided in Subsection (5)(d)(ii)(B), a reconveyance of a trust deed or release of a mortgage that is recorded under Subsection (5)(d)(i) is valid regardless of any deficiency in the release or reconveyance procedure not disclosed in the release of mortgage or reconveyance of trust deed. (B) If the title insurer's or title agent's signature on a release of mortgage or reconveyance of trust deed recorded under Subsection (5)(d)(ii)(A) is forged, the release of mortgage or reconveyance of trust deed is void. (6) A release of mortgage or reconveyance of trust deed under this section does not, by itself, discharge any promissory note or other obligation that was secured by the trust deed or mortgage at the time the trust deed was reconveyed or the mortgage was released. (7) This section does not limit or modify the application of Section 57-1-33.1.
Utah Code § 57-8-13 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-13
§ 57-8-13. Condominium plat to be recorded.
Status: in_force

(1) (a) Simultaneously with the recording of the declaration there shall be recorded a standard size, original linen (21" x 31") condominium plat with 6-1/4" x 1-1/2" recording information block, which map shall be made by a registered Utah land surveyor and shall set forth: (i) a description of the surface of the land included within the project, including all angular and linear data along the exterior boundaries of the property; (ii) the linear measurement and location, with reference to the exterior boundaries, of the building or buildings, if any, located or to be located on the property other than within the boundaries of any convertible lands; (iii) diagrammatic floor plans of the building or buildings, if any, built or to be built on the property, other than within the boundaries of any convertible lands, in sufficient detail to identify each convertible space and physical unit contained within a building, including its identifying number or symbol, the official datum elevations of the finished or unfinished interior surfaces of the floors and ceilings and the linear measurements of the finished or unfinished interior surfaces of the perimeter walls, and the lateral extensions, of every such convertible space and unit; (iv) a description or delineation of the boundaries of any unit or convertible space not contained or to be contained in a building or whose boundaries are not to be coextensive with walls, ceilings, or floors within a building, other than units located within the boundaries of any convertible lands, including the horizontal (upper and lower) boundaries, if any, as well as the vertical (lateral or perimetric) boundaries; (v) a distinguishing number or other symbol for every physical unit identified on the condominium plat; (vi) to the extent feasible, the location and dimensions of all easements appurtenant to the land included within the project; (vii) the label "convertible space" for each such space, if any; (viii) the location and dimensions of any convertible lands within the condominium project, with each such convertible land labeled as such, and if there be more than one such land, with each labeled with a different letter or number; (ix) the location and dimensions of any withdrawable lands, with each such withdrawable land labeled as such, and if there be more than one such land, with each labeled with a different letter or number; (x) if with respect to any portion or portions, but less than all, of the land included within the project the unit owners are to own only an estate for years, the location and dimensions of any such portion, with each labeled as a leased land, and if there be more than one such land, with each labeled with a different letter or number; and (xi) any encroachments by or on any portion of the condominium project. (b) Each such condominium plat shall be certified as to its accuracy and compliance with the provisions of this Subsection (1) by the land surveyor who prepared or who supervised the preparation of the same and shall be executed and acknowledged as provided in Subsection 57-8-10(8). (2) When converting all or any portion of any convertible land or when adding additional land to an expandable condominium, the declarant shall record a new or supplemental condominium plat which shall contain the information necessary to comply with the requirements of Subsection (1) of this section. In any case where less than all of a convertible land is being converted, the condominium plat shall show the location and dimensions of the remaining portion or portions of the land in addition to otherwise meeting such requirements. (3) When converting all or any portion of any convertible space into one or more units or limited common areas and facilities, the declarant shall record, with regard to the structure or portion of it constituting that convertible space, a supplemental condominium plat showing the location and dimensions of the vertical and horizontal boundaries of each unit formed out of this space. The supplemental map shall be certified as to its accuracy and compliance with this Subsection (3) by the land surveyor who prepared or who supervised the preparation of it. (4) In interpreting the condominium plat or any deed or other instrument affecting a building or unit, the boundaries of the building or unit constructed or reconstructed in substantial accordance with the condominium plat shall be conclusively presumed to be the actual boundaries rather than the description expressed in the condominium plat, regardless of the settling or lateral movement of the building and regardless of minor variance between boundaries shown on the condominium plat and those of the building or unit.
Utah Code § 57-1-22 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-22
§ 57-1-22. Successor trustees -- Appointment by beneficiary -- Effect -- Substitution of trustee -- Recording -- Form.
Status: in_force

(1) (a) The beneficiary may appoint a successor trustee at any time by filing an appointment of trustee or a substitution of trustee for record in the office of the county recorder of each county in which the trust property or a part of the trust property is located. (b) The trustee appointed under Subsection (1)(a) has the power, duties, authority, and title described in the deed of trust. (c) The beneficiary may, by express provision in the appointment of trustee or substitution of trustee, ratify and confirm an action taken on the beneficiary's behalf by the new trustee prior to the recording of the substitution of trustee. (2) An appointment of trustee or a substitution of trustee shall: (a) identify the trust deed by stating: (i) the names of the original parties to the trust deed; (ii) the date of recordation; and (iii) (A) the book and page where the trust deed is recorded; or (B) the entry number; (b) include the legal description of the trust property; (c) state the name and address of the new trustee; and (d) be executed and acknowledged by all of the beneficiaries under the trust deed or their successors in interest. (3) (a) If not previously recorded at the time of recording a notice of default, the successor trustee shall file for record, in the office of the county recorder of each county in which the trust property or some part of it is situated, the appointment of trustee or substitution of trustee. (b) A copy of the appointment of trustee or the substitution of trustee shall be sent in the manner provided in Subsection 57-1-26(2) to any: (i) person who requests a copy of any notice of default or notice of sale under Subsection 57-1-26(1)(a); and (ii) person who is a party to the trust deed to whom a copy of a notice of default would be required to be mailed by Subsection 57-1-26(3). (4) An appointment of trustee or a substitution of trustee shall be in substantially the following form:"Appointment or Substitution of Trustee_________________________(name and address of appointed or substituted trustee)is hereby appointed trustee under the trust deed executed by ____ as trustor, in which ____ is named beneficiary and ____ as trustee, and filed for record __________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County, (Utah or filed for record __________(month\day\year), with recorder's entry No. ____, ____ County), Utah.(Insert legal description)Signature_____________________________(Certificate of Acknowledgment)" (5) (a) A trustee of a trust deed may, in accordance with this Subsection (5), resign as trustee by filing for record in the office of the recorder of each county in which the trust property is located, a resignation of trustee. (b) A trustee's resignation under this Subsection (5) takes effect upon the recording of a resignation of trustee. (c) A resignation of trustee shall be in substantially the following form:"Resignation of Trustee_________________________( insert name and address of resigned trustee) hereby resigns as trustee under the trust deed executed by (insert name of trustor) as trustor, in which (insert name of the beneficiary) is named beneficiary and (insert name of trustee) as trustee, and filed for record (insert the month, day, and year the trust deed was recorded), and recorded in Book ___, Page ___, Records of ______________ County, Utah or with recorder's entry no.____, ______________ County, Utah.(Insert legal description)Signature ________________________(Certificate of acknowledgment)" (d) (i) Within three days after the day on which a trustee resigns under this Subsection (5), the trustee shall provide written notice of the trustee's resignation to each party in any legal action pending against the trustee that is related to or arises from the trustee's performance of a duty of a trustee. (ii) Except as provided in Subsection (5)(d)(iv), within 10 days after the day on which a party is provided a notice described in Subsection (5)(d)(i), the party may move the court to substitute the beneficiary of the trust deed as defendant in the action in the place of the trustee until a successor trustee is appointed. (iii) Except as provided in Subsection (5)(d)(iv), if, after the expiration of the time described in Subsection (5)(d)(ii), a party does not move the court to substitute the beneficiary or the successor trustee in place of the trustee as defendant, the court shall dismiss with prejudice all claims against the withdrawn trustee. (iv) Subsection (5)(d)(ii) and (5)(d)(iii) do not apply to a cause of action against a trustee that alleges negligent or intentional misconduct by the withdrawn trustee. (e) (i) The withdrawal of a trustee of a trust deed under this section does not affect the validity or the priority of the trust deed. (ii) After a trustee withdraws under this part, only a qualified successor trustee appointed by the beneficiary under Section 57-1-22 may exercise trustee powers, including the power of sale.
Utah Code § 57-13c-103 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-103
§ 57-13c-103. Right of servient estate owner to relocate easement.
Status: in_force

A servient estate owner may relocate an easement under this chapter only if the relocation does not materially: (1) lessen the utility of the easement; (2) after the relocation, increase the burden on the easement holder in the easement holder's reasonable use and enjoyment of the easement; (3) impair an affirmative, easement-related purpose for which the easement was created; (4) during or after the relocation, impair the safety of the easement holder or another person entitled to use and enjoy the easement; (5) during the relocation, disrupt the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption; (6) impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate; (7) impair the value of the collateral of a security-interest holder of record in the servient estate or dominant estate; (8) impair a real-property interest of a lessee of record in the dominant estate; or (9) impair a recorded real-property interest of any other person in the servient estate or dominant estate.
Utah Code § 57-2a-4 — Utah Code / Title 57 / Chapter 57-2a / § 57-2a-4
§ 57-2a-4. Proof of authority -- Prima facie evidence.
Status: in_force

(1) Except as provided in Subsections (2) and (3), the signature, title or rank, branch of service, and serial number, if any, of any person described in Subsection 57-2a-3(2) are sufficient proof of his authority to perform a notarial act. Further proof of his authority is not required. (2) Proof of the authority of a person to perform a notarial act under the laws or regulations of a foreign country is sufficient if: (a) a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act; (b) the official seal of the person performing the notarial act is affixed to the document; or (c) the title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information. (3) The signature and title or rank of the person performing the notarial act are prima facie evidence that he is a person with the designated title and that his signature is genuine.