Utah Code § 57-1-28 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-28
§ 57-1-28. Sale of trust property by trustee -- Payment of bid -- Trustee's deed delivered to purchaser -- Recitals -- Effect.
Status: in_force

(1) (a) The purchaser at the sale shall pay the price bid as directed by the trustee. (b) The beneficiary shall receive a credit on the beneficiary's bid in an amount not to exceed the amount representing: (i) the unpaid principal owed; (ii) accrued interest as of the date of the sale; (iii) advances for the payment of: (A) taxes; (B) insurance; and (C) maintenance and protection of the trust property; (iv) the beneficiary's lien on the trust property; and (v) costs of sale, including reasonable trustee's and attorney's fees. (2) (a) (i) Within five business days of the day the trustee receives payment of the price bid, the trustee shall: (A) execute and submit the trustee's deed to the county recorder for recording; and (B) upon the purchaser's request, provide an unrecorded copy of the signed trustee's deed to the purchaser. (ii) If the trustee does not comply with this Subsection (2)(a), the trustee is liable for any loss incurred by the purchaser because of the trustee's failure to comply with this Subsection (2)(a). (b) The trustee's deed may contain recitals of compliance with the requirements of Sections 57-1-19 through 57-1-36 relating to the exercise of the power of sale and sale of the property described in the trustee's deed, including recitals concerning: (i) any mailing, personal delivery, and publication of the notice of default; (ii) any mailing and the publication and posting of the notice of sale; and (iii) the conduct of sale. (c) The recitals described in Subsection (2)(b): (i) constitute prima facie evidence of compliance with Sections 57-1-19 through 57-1-36; and (ii) are conclusive evidence in favor of bona fide purchasers and encumbrancers for value and without notice. (3) The trustee's deed shall operate to convey to the purchaser, without right of redemption, the trustee's title and all right, title, interest, and claim of the trustor and the trustor's successors in interest and of all persons claiming by, through, or under them, in and to the property sold, including all right, title, interest, and claim in and to the property acquired by the trustor or the trustor's successors in interest subsequent to the execution of the trust deed, which trustee's deed shall be considered effective and relate back to the time of the sale. (4) In accordance with Section 57-3-106, an interest of a purchaser in a trustee's deed that is recorded with the county recorder may not be divested if a person records an affidavit or other document purporting to rescind or cancel the trustee's deed.
Utah Code § 57-16-2 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-2
§ 57-16-2. Purpose of chapter.
Status: in_force

The fundamental right to own and protect land and to establish conditions for its use by others necessitate that the owner of a mobile home park be provided with speedy and adequate remedies against those who abuse the terms of a tenancy. The high cost of moving mobile homes, the requirements of mobile home parks relating to their installation, and the cost of landscaping and lot preparation necessitate that the owners of mobile homes occupied within mobile home parks be provided with protection from actual or constructive eviction. It is the purpose of this chapter to provide protection for both the owners of mobile homes located in mobile home parks and for the owners of mobile home parks.
Utah Code § 57-28-304 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-304
§ 57-28-304. Foreclosure.
Status: in_force

(1) Except as provided in Subsection (2), before a person initiates foreclosure proceedings on a reverse mortgage, the person shall: (a) send the borrower, by certified mail, return receipt requested, written notice that states the grounds for default and foreclosure; and (b) provide the borrower at least 30 days after the day on which the person sends the notice described in Subsection (1)(a) to cure the borrower's default. (2) This section does not apply if the borrower is deceased.
Utah Code § 57-26-102 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-102
§ 57-26-102. Definitions.
Status: in_force

As used in this chapter: (1) "Assignee" means a person entitled to enforce an assignment of rents. (2) "Assignment of rents" means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. (3) "Assignor" means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. (4) "Cash proceeds" means proceeds that are money, checks, deposit accounts, or the like. (5) "Day" means calendar day. (6) "Deposit account" means a demand, time, savings, passbook, or similar account maintained with a bank, savings bank, savings and loan association, credit union, or trust company. (7) "Document" means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. (8) "Notification" means a document containing information that this chapter requires a person to provide to another, signed by the person required to provide the information. (9) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (10) "Proceeds" means personal property that is received or collected on account of a tenant's obligation to pay rents. (11) "Purchase" means to take by sale, lease, discount, negotiation, mortgage, pledge, trust deed, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. (12) "Rents" means: (a) sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person; (b) sums payable to an assignor under a policy of rental interruption insurance covering real property; (c) claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person; (d) sums payable to terminate an agreement to possess or occupy real property of another person; (e) sums payable to an assignor for payment or reimbursement of expenses incurred in owning, operating and maintaining, or constructing or installing improvements on, real property; or (f) any other sums payable under an agreement relating to the real property of another person that constitute rents under law of this state other than this chapter. (13) "Secured obligation" means an obligation the performance of which is secured by an assignment of rents. (14) "Security instrument" means a document, however denominated, that creates or provides for a security interest in real property, whether or not it also creates or provides for a security interest in personal property. (15) "Security interest" means an interest in property that arises by agreement and secures performance of an obligation. (16) "Sign" means, with present intent to authenticate or adopt a document: (a) to execute or adopt a tangible symbol; or (b) to attach to or logically associate with the document an electronic sound, symbol, or process. (17) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (18) "Submit for recording" means to submit a document complying with applicable legal standards, with required fees and taxes, to the appropriate governmental office under Title 57, Chapter 3, Recording of Documents. (19) "Tenant" means a person that has an obligation to pay sums for the right to possess or occupy, or for possessing or occupying, the real property of another person.
Utah Code § 57-8-60 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-60
§ 57-8-60. Administration of funds.
Status: in_force

An association of unit owners: (1) shall keep all of the association of unit owners' funds in an account in the name of the association of unit owners; and (2) may not commingle the association of unit owners' funds with the funds of any other person.
Utah Code § 57-1-4 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-4
§ 57-1-4. Attempted conveyance of more than grantor owns -- Effect.
Status: in_force

A conveyance made by an owner of an estate for life or years, purporting to convey a greater estate than the owner could lawfully transfer, does not work a forfeiture of the estate, but passes to the grantee all the estate which the grantor could lawfully transfer.
Utah Code § 57-8-13.12 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-13.12
§ 57-8-13.12. Land to be withdrawn or added to project -- Applicability of restrictions.
Status: in_force

No covenants, restrictions, limitations, or other representations or commitments in the declaration concerning anything that is or is not to be done on the additional land, the withdrawable land, or any portion of either, shall be binding as to any portion of either lawfully withdrawn from the condominium project or never added to it except to the extent that the declaration so provides. In the case of any covenant, restriction, limitation, or other representation or commitment in the declaration or in any other agreement requiring the declarant to add any portion of the additional land or to withdraw any portion of the withdrawable land, or imposing any obligations concerning anything that is or is not to be done on it or concerning it, or imposing any obligations about anything that is or is not to be done on or in respect to the condominium project or any portion of it, this section shall not be construed to nullify, limit, or otherwise affect any such obligation.
Utah Code § 57-26-107 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-107
§ 57-26-107. Enforcement by appointment of receiver.
Status: in_force

(1) An assignee is entitled to the appointment of a receiver for the real property subject to the assignment of rents if: (a) the assignor is in default and: (i) the assignor has agreed in a signed document to the appointment of a receiver in the event of the assignor's default; (ii) it appears likely that the real property may not be sufficient to satisfy the secured obligation; (iii) the assignor has failed to turn over to the assignee proceeds that the assignee was entitled to collect; or (iv) a subordinate assignee of rents obtains the appointment of a receiver for the real property; or (b) other circumstances exist that would justify the appointment of a receiver under law of this state other than this chapter. (2) An assignee may file a petition for the appointment of a receiver in connection with an action: (a) to foreclose the security instrument; (b) for specific performance of the assignment; (c) seeking a remedy on account of waste or threatened waste of the real property subject to the assignment; or (d) otherwise to enforce the secured obligation or the assignee's remedies arising from the assignment. (3) An assignee that files a petition under Subsection (2) shall also give a copy of the petition in the manner specified in Section 57-26-103 to any other person that, 10 days before the date the petition is filed, held a recorded assignment of rents arising from the real property. (4) If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the court enters an order appointing a receiver for the real property subject to the assignment. (5) From the date of its appointment, a receiver is entitled to collect rents as provided in Subsection 57-26-106(2). The receiver also has the authority provided in the order of appointment and law of this state other than this chapter. (6) The following rules govern priority among receivers: (a) If more than one assignee qualifies under this section for the appointment of a receiver, a receivership requested by an assignee entitled to priority in rents under this chapter has priority over a receivership requested by a subordinate assignee, even if a court has previously appointed a receiver for the subordinate assignee. (b) If a subordinate assignee obtains the appointment of a receiver, the receiver may collect the rents and apply the proceeds in the manner specified in the order appointing the receiver until a receiver is appointed under a senior assignment of rents.
Utah Code § 57-19-6 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-6
§ 57-19-6. Effective date of application.
Status: in_force

(1) An application for registration filed pursuant to Section 57-19-5 is effective upon the expiration of 30 business days following its filing with the director, unless: (a) an order denying the application pursuant to Section 57-19-13 is in effect; (b) a prior effective date has been ordered by the director; or (c) the director has, before that date, notified the applicant of a defect in the registration application. (2) An applicant shall consent to the delay of effectiveness until the director by order declares the registration to be effective. (3) (a) Notwithstanding Section 57-19-4, the division may grant a developer a temporary permit that allows a developer to advertise, offer, or sell an interest: (i) before the developer's application for registration is approved; and (ii) for a period of 30 days or less. (b) To obtain a temporary permit, the developer shall: (i) submit an application to the division for a temporary permit in the form required by the division; (ii) submit a substantially complete application for registration to the division, including all appropriate fees and exhibits required under Section 57-19-5, plus a temporary permit fee of $100; (iii) provide evidence acceptable to the division that all funds received by the developer or marketing agent will be placed into an independent escrow with instructions that funds will not be released until a final registration has been granted; (iv) give to each purchaser and potential purchaser a copy of the proposed property report that the developer has submitted to the division with the initial application; and (v) give to each purchaser the opportunity to cancel the purchase in accordance with Section 57-19-12. (c) Upon the issuance of an approved registration, a purchaser shall have an additional opportunity to cancel the purchase if the division determines that there is a substantial difference in the disclosures contained in the final property report and those given to the purchaser in the proposed property report. (4) (a) Notwithstanding Section 57-19-4, a developer or a person acting on behalf of a developer may market and accept a reservation and deposit from a prospective purchaser before submitting to the division an application for registration or a temporary permit if: (i) the deposit is placed in a non-interest bearing escrow account with a licensed real estate broker, a title company, or another escrow that the division approves in advance; and (ii) the deposit is guaranteed to be fully refundable at any time at the request of the prospective purchaser. (b) A deposit that a prospective purchaser tenders under Subsection (4)(a) may not be released to the developer until after: (i) the division approves the development's registration; and (ii) the prospective purchaser executes a written purchase contract creating a binding obligation to purchase.
Utah Code § 57-22-7 — Utah Code / Title 57 / Chapter 57-22 / § 57-22-7
§ 57-22-7. Limitation on counties and municipalities.
Status: in_force

(1) A county or municipality may not adopt an ordinance, resolution, or regulation that is inconsistent with this chapter. (2) (a) Subsection (1) may not be construed to limit the ability of a county or municipality to enforce an applicable administrative remedy with respect to a residential rental unit for a violation of a county or municipal ordinance, subject to Subsection (2)(b). (b) A county or municipality's enforcement of an administrative remedy may not have the effect of: (i) modifying the time requirements of a corrective period, as defined in Section 57-22-6; (ii) limiting or otherwise affecting a tenant's remedies under Section 57-22-6; or (iii) modifying an owner's obligation under this chapter to a tenant relating to the habitability of a residential rental unit. (3) A municipality with a good landlord program under Section 10-1-203.5 may not limit an owner's participation in the program or reduce program benefits to the owner because of renter or crime victim action that the owner is prohibited under Subsection 57-22-5.1(10) from restricting or penalizing.
Utah Code § 57-13a-102 — Utah Code / Title 57 / Chapter 57-13a / § 57-13a-102
§ 57-13a-102. Prescriptive easement for water conveyance.
Status: in_force

(1) A prescriptive easement may be established if a water user has maintained a water conveyance for a period of 20 years during which the use has been: (a) continuous; (b) open and notorious; and (c) adverse. (2) If Subsections (1)(a) and (b) are established, there is a rebuttable presumption that the use has been adverse.
Utah Code § 57-2a-2 — Utah Code / Title 57 / Chapter 57-2a / § 57-2a-2
§ 57-2a-2. Definitions.
Status: in_force

As used in this chapter: (1) "Acknowledged before me" means: (a) that the person acknowledging appeared before the person taking the acknowledgment; (b) that the person acknowledging executed the document; (c) that, in the case of: (i) a natural person, the natural person executed the document for the purposes stated in it; (ii) a corporation, the officer or agent acknowledged the officer or agent held the position or title set forth in the document or certificate, the officer or agent signed the document on behalf of the corporation by proper authority, and the document was the act of the corporation for the purpose stated in it; (iii) a partnership, the partner or agent acknowledged the partner or agent signed the document on behalf of the partnership by proper authority, and the partner or agent executed the document as the act of the partnership for the purposes stated in it; (iv) a person acknowledging as principal by an attorney in fact, that person executed the document by proper authority as the act of the principal for the purposes stated in it; or (v) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, that person signed the document by proper authority, and that person executed the document in the capacity and for the purposes stated in it; and (d) that the person taking the acknowledgment: (i) either knew or had satisfactory evidence that the person acknowledging was the person named in the document or certificate; and (ii) in the case of a person executing a document in a representative capacity, either had satisfactory evidence or received the sworn statement or affirmation of the person acknowledging that the person had the proper authority to execute the document. (2) "Notarial act" means any act a notary public is authorized by state law to perform, including administering oaths and affirmations, taking acknowledgments of documents, and attesting documents.
Utah Code § 57-10-4 — Utah Code / Title 57 / Chapter 57-10 / § 57-10-4
§ 57-10-4. Legal effect of descriptions using coordinate values.
Status: in_force

(1) A description of the location of a survey station or land boundary corner within the state is complete, legal, and sufficient if the description uses the Utah Plane Coordinate System. (2) A person may not describe real property for purposes of sale or title transfer solely by reference to coordinate values from the Utah Plane Coordinate System or any other coordinate system. (3) If a person uses coordinates from the Utah Plane Coordinate System in a land description, the coordinates supplement the underlying description that relates to recognized monuments and land lines of record. (4) If a conflict exists between a description that references a subdivision, line, or corner of the United States public land surveys and a description that uses coordinates, the description that references the subdivision, line, or corner of the United States public land surveys prevail.
Utah Code § 57-4a-4 — Utah Code / Title 57 / Chapter 57-4a / § 57-4a-4
§ 57-4a-4. Presumptions.
Status: in_force

(1) A recorded document creates the following presumptions regarding title to the real property affected: (a) the document is genuine and was executed voluntarily by the person purporting to execute it; (b) the person executing the document and the person on whose behalf it is executed are the persons they purport to be; (c) the person executing the document was neither incompetent nor a minor at any relevant time; (d) delivery occurred notwithstanding any lapse of time between dates on the document and the date of recording; (e) any necessary consideration was given; (f) the grantee, transferee, or beneficiary of an interest created or described by the document acted in good faith at all relevant times; (g) a person executing a document as an agent, attorney in fact, officer of an organization, or in a fiduciary or official capacity: (i) held the position that the person executing the document purported to hold and acted within the scope of that person's authority; (ii) in the case of an officer of an organization, was authorized under all applicable laws to act on behalf of the organization; and (iii) in the case of an agent, the agent's agency was not revoked, and the agent acted for a principal who was neither incompetent nor a minor at any relevant time; (h) a person executing the document as an individual: (i) was unmarried on the effective date of the document; or (ii) if it otherwise appears from the document that the person was married on the effective date of the document, the grantee was a bona fide purchaser and the grantor received adequate and full consideration in money or money's worth so that the joinder of the nonexecuting spouse was not required under Sections 75-2-201 through 75-2-207; (i) if the document purports to be executed pursuant to or to be a final determination in a judicial or administrative proceeding, or to be executed pursuant to a power of eminent domain, the court, official body, or condemnor acted within its jurisdiction and all steps required for the execution of the document were taken; and (j) recitals and other statements of fact in a document, including without limitation recitals concerning mergers or name changes of organizations, are true. (2) The presumptions stated in Subsection (1) arise even though the document purports only to release a claim or to convey any right, title, or interest of the person executing it or the person on whose behalf it is executed.
Utah Code § 57-23-4 — Utah Code / Title 57 / Chapter 57-23 / § 57-23-4
§ 57-23-4. Exclusions.
Status: in_force

This chapter does not apply to: (1) an interest in real estate regulated under Title 57, Chapter 19, Timeshare and Camp Resort Act; (2) an offering for an interest in real estate which is regulated under: (a) Title 61, Chapter 1, Utah Uniform Securities Act; (b) the securities laws of any state; or (c) federal securities laws; or (3) a sale of manufactured housing licensed under Title 58, Chapter 56, Building Inspector and Factory Built Housing Licensing Act, unless the sale is made in conjunction with an offering or sale of a cooperative interest under this chapter.
Utah Code § 57-11-6 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-6
§ 57-11-6. Application for registration -- Required documents and information -- Filing fee and deposit -- Consolidation of registration of additional lands -- Reports of changes.
Status: in_force

(1) An application for registration of subdivided lands shall be filed as prescribed by the division's rules and, unless otherwise provided by the division, shall include the following documents and information: (a) an irrevocable appointment of the division to receive service of any lawful process in any noncriminal proceeding arising under this chapter against the applicant or the applicant's personal representative; (b) a legal description of the subdivided lands offered for registration, together with a map showing the division proposed or made, the dimensions of the units, and the relation of the subdivided lands to existing streets, roads, and other off-site improvements; (c) the states or jurisdictions, including the United States, in which an application for registration or similar document has been filed, and a copy of any adverse order, judgment, or decree entered in connection with the subdivided lands by the regulatory authorities in each jurisdiction or by any court; (d) the applicant's name and address, and the form, date, and jurisdiction of organization; (e) the address of each of the applicant's offices in this state; (f) the name and address of the individual to whom the applicant wishes to have the division direct all communications; (g) for each director, officer, or general partner of the applicant or person occupying a similar status or performing similar functions: (i) the individual's name and address; (ii) the individual's principal occupation for the five years before the day on which the applicant files the application; and (iii) the extent and nature of the individual's interest in the applicant or the subdivided lands as of a specified date within 30 days before the day on which the application is filed; (h) a statement, in a form acceptable to the division, of the condition of the title to the subdivided lands, including encumbrances, as of a specified date within 30 days before the day on which the application is filed, which statement: (i) if the subdivided lands are situated in this state, shall be in the form of: (A) a title opinion from a title insurer qualified to engage in the title insurance business in this state; or (B) an opinion of an attorney, licensed to practice in this state and who is not a salaried employee, officer, or director of the applicant or owner; (ii) if the subdivided lands are situated in another jurisdiction, shall be in the form of an opinion of an attorney: (A) licensed to practice in the jurisdiction where the lands are situated; and (B) who is not a salaried employee, officer, or director of the applicant or owner; or (iii) may be substituted by other evidence of title acceptable to the division; (i) copies of the instruments that will be delivered to a purchaser to evidence the purchaser's interest in the subdivided lands and of the contracts and other agreements that a purchaser will be required to agree to or sign; (j) copies of the instruments by which the interest in the subdivided lands to be disposed of to the purchaser was acquired and a statement of any lien or encumbrance upon the title and copies of the instruments creating the lien or encumbrance, if any, with recording data, but if any of these instruments contain any information relating to the consideration paid upon the prior acquisition of the subdivided lands, this information may be blocked out; (k) if there is a lien or encumbrance affecting more than one unit, a statement of the consequences to a purchaser of failure to discharge the lien or encumbrance and the steps, if any, taken to protect the purchaser in case of this eventuality; (l) copies of instruments creating easements, restrictions, or other encumbrances affecting the subdivided lands; (m) a statement of the zoning and other governmental regulations affecting the use of the subdivided lands and of any existing or proposed taxes or special assessments which affect the subdivided lands; (n) (i) if the subdivided lands are situated in this state, and unless all lands to be disposed of are included on a subdivision plat map that is filed and approved in accordance with Title 17, Counties, an opinion by an attorney, licensed to practice in this state and who is not a salaried employee, officer, or director of the applicant or owner, stating that: (A) the proposed or made land division does not violate any existing state statute or local ordinance; and (B) all permits or approvals have been obtained from the applicable state or local authorities necessary for the subdivided lands to be put to the use for which they are offered, except for those permits or approvals that will not be granted until the subdivided lands are registered under this chapter if this registration is the only condition precedent to the granting of the permits or approvals; or (ii) if the subdivided lands are situated in another jurisdiction, an opinion by an attorney licensed to practice in that jurisdiction and who is not a salaried employee, officer, or director of the applicant or owner stating, that the proposed or made land division does not violate any existing statute, ordinance, or other law; (o) a statement of: (i) the existing provisions for access, sewage disposal, water (including a supply of culinary water), and other public utilities in the subdivision; and (ii) if the provisions described in Subsection (1)(o)(i) are not presently available but are feasible, the estimated cost to the purchaser for procurement of the provisions; (p) a statement of all improvements to be installed, the schedule for the completion of improvements, any provisions for maintenance of those improvements, and estimated costs to the purchaser for improvements; (q) a statement declaring whether or not the applicant is or will be representing, in connection with an offer or disposition of land, that culinary water service will be available to or on the subdivided lands, and if the applicant is or will be so representing: (i) a statement as to what entity will be providing the culinary water service and the nature of the entity; and (ii) if the entity providing the culinary water service is not a municipal system, a certificate from the Public Service Commission that the entity providing the culinary water service: (A) holds a certificate of convenience and necessity from the Public Service Commission; or (B) has been found by the Public Service Commission to be exempt from the Public Service Commission's jurisdiction; (r) a narrative description of the promotional plan for the disposition of the subdivided lands together with copies of all advertising material that is prepared for public distribution by any means of communication; (s) the proposed public offering statement; (t) a copy of every public report or public offering statement or similar document filed with or issued by any agency of the United States or any state or jurisdiction; and (u) any other reasonable information, including any current financial statement, that the division by rule requires for the protection of purchasers. (2) (a) Each application for registration of subdivided lands shall be accompanied by a filing fee of $500 for up to 30 units, plus an additional $3 per unit for each unit over 30 units up to a maximum of $2,500 for each application. (b) If the division determines that an on-site inspection of the subdivided lands proposed for registration to be offered for disposition is necessary, the applicant shall pay the division the actual amount of costs the division incurs performing the on-site inspection. (3) In the event the subdivider registers additional subdivided lands to be offered for disposition, the subdivider may consolidate the subsequent registration with any earlier registration offering subdividing lands for disposition under the same promotional plan by filing an application for consolidation: (a) accompanied by an additional fee of $200, plus $3 for each additional unit, up to a maximum of $1,250 for each application; and (b) if at the time the subdivider makes the application, all of the information required by Subsection (1) of this section is current and covers the additional subdivided lands. (4) A subdivider shall report any material change in the information contained in the subdivider's application for registration or consolidation within 15 days after the day on which that change becomes known to the subdivider.
Utah Code § 57-6-6 — Utah Code / Title 57 / Chapter 57-6 / § 57-6-6
§ 57-6-6. Setoff against claim for improvements.
Status: in_force

In the cases above provided for, if the occupying claimant has committed any injury to the real estate by cutting timber, or otherwise, the plaintiff may set the same off against any claim for improvements made by the claimant.
Utah Code § 57-22-4 — Utah Code / Title 57 / Chapter 57-22 / § 57-22-4
§ 57-22-4. Owner's duties.
Status: in_force

(1) To protect the physical health and safety of the ordinary renter, an owner: (a) may not rent the premises unless they are safe, sanitary, and fit for human occupancy; and (b) shall: (i) maintain common areas of the residential rental unit in a sanitary and safe condition; (ii) maintain electrical systems, plumbing, heating, and hot and cold water; (iii) maintain any air conditioning system in an operable condition; (iv) maintain other appliances and facilities as specifically contracted in the rental agreement; and (v) for buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal, except to the extent that the renter and owner otherwise agree. (2) Except as otherwise provided in the rental agreement, an owner shall provide the renter at least 24 hours prior notice of the owner's entry into the renter's residential rental unit. (3) (a) Before an owner accepts an application fee or any other payment from a prospective renter, the owner shall disclose in writing to the prospective renter: (i) a good faith estimate of: (A) the rent amount; and (B) the amount of each fixed, non-rent expense that is part of the rental agreement; (ii) the type of each use-based, non-rent expense that is part of the rental agreement; (iii) the day on which the residential rental unit is scheduled to be available; (iv) the criteria that the owner will consider in determining the prospective renter's eligibility as a renter in the residential rental unit, including criteria related to the prospective renter's criminal history, credit, income, employment, or rental history; and (v) the requirements and process for the prospective renter to recover money the prospective renter pays in relation to the residential rental unit, as described in Subsection (4). (b) An owner may satisfy the written disclosure requirement described in Subsection (3)(a)(i) through a rental application, deposit agreement, or written summary. (4) (a) A prospective renter may make a written demand to the owner of a residential rental unit requesting the return of money the prospective renter paid in relation to the rental of the residential rental unit, if: (i) (A) an amount the owner provides in the good-faith estimate described in Subsection (3) is different than the amount in the rental agreement; or (B) the rental agreement includes a type of use-based, non-rent expense that was not disclosed under Subsection (3); and (ii) the prospective renter: (A) makes the written demand within five business days after the day on which the prospective renter receives the rental agreement; and (B) at the time the prospective renter makes the written demand, has not signed the rental agreement or taken possession of the residential rental unit. (b) If a prospective renter makes a written demand in accordance with Subsection (4)(a), the owner shall return all money the prospective renter paid the owner within five business days after the day on which the owner receives the written demand. (5) An owner may not charge a renter: (a) a late fee that exceeds the greater of: (i) 10% of the rent agreed to in the rental agreement; or (ii) $75; or (b) a fee, fine, assessment, interest, or other cost: (i) in an amount greater than the amount agreed to in the rental agreement; or (ii) that is not included in the rental agreement, unless: (A) the rental agreement is on a month-to-month basis; and (B) the owner provides the renter a 15-day notice of the charge. (6) Before an owner and a prospective renter enter into a rental agreement, the owner shall: (a) provide the prospective renter a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear; (b) furnish the renter a form to document the condition of the residential rental unit and then allow the resident a reasonable time after the renter's occupancy of the residential rental unit to complete and return the form; or (c) provide the prospective renter an opportunity to conduct a walkthrough inspection of the residential rental unit. (7) At or before the commencement of the rental term under a rental agreement, an owner shall: (a) disclose in writing to the renter: (i) the owner's name, address, and telephone number; or (ii) (A) the name, address, and telephone number of any person authorized to manage the residential rental unit; or (B) the name, address, and telephone number of any person authorized to act for and on behalf of the owner for purposes of receiving notice under this chapter or performing the owner's duties under this chapter or under the rental agreement, if the person authorized to manage the residential rental unit does not have authority to receive notice under this chapter; and (b) provide the renter: (i) an executed copy of the rental agreement, if the rental agreement is a written agreement; and (ii) a copy of any rules and regulations applicable to the residential rental unit. (8) Nothing in this section prohibits any fee, fine, assessment, interest, or cost that is allowed by law or stated in the rental agreement. (9) A renter may not use an owner's failure to comply with a requirement of Subsection (2), (3), (4), (5), (6), or (7) as a basis: (a) to excuse the renter's compliance with a rental agreement; or (b) to bring a cause of action against the owner.
Utah Code § 57-10-3 — Utah Code / Title 57 / Chapter 57-10 / § 57-10-3
§ 57-10-3. North-south and east-west coordinate values.
Status: in_force

(1) A person who uses plane coordinate values to express the geographic position or location of a point within a zone of the Utah Plane Coordinate System shall express the values in the units established for the Utah Plane Coordinate System. (2) The coordinate values described in Subsection (1) consist of: (a) an "x-coordinate" or "E-coordinate" that expresses position in an east-west direction; and (b) a "y-coordinate" or "N-coordinate" that expresses position in a north-south direction. (3) A person shall compute the coordinates so that the coordinates depend on and conform to plane rectangular coordinate values computed for monumented points of the North American Horizontal Geodetic Control Network that the NGS publishes. (4) A person may use a control station described in Subsection (3) to establish a survey connection to land descriptions prepared using the Utah Plane Coordinate System after June 30, 2026, in accordance with the NGS's deprecation of former systems. (5) A person may use units other than the units described in Subsection (1) if the person clearly identifies the deviation in the survey record or land description.
Utah Code § 57-8-10.5 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-10.5
§ 57-8-10.5. Amending the declaration to make provisions of this chapter applicable.
Status: in_force

(1) An association of unit owners may amend the declaration to make applicable to the association of unit owners a provision of this chapter that is enacted after the creation of the association of unit owners, by complying with: (a) the amendment procedures and requirements specified in the declaration and applicable provisions of this chapter; or (b) the amendment procedures and requirements of this chapter, if the declaration being amended does not contain amendment procedures and requirements. (2) If an amendment under Subsection (1) adopts a specific section of this chapter: (a) the amendment grants a right, power, or privilege permitted by that specific section; and (b) all correlative obligations, liabilities, and restrictions in that section also apply.
Utah Code § 57-8-53 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-53
§ 57-8-53. Requiring tenant in residential condominium unit to pay rent to association of unit owners 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 Subsection 57-8-44(1)(a) that is due and owing; and (ii) any applicable interest, late fee, and cost of collection that accrues after an association of unit owners gives notice under Subsection (3). (b) "Lease" means an arrangement under which a tenant occupies a unit owner's residential condominium unit in exchange for the unit owner receiving a consideration or benefit, including a fee, service, gratuity, or emolument. (c) "Tenant" means a person, other than the unit owner, who has regular, exclusive occupancy of the unit owner's residential condominium unit. (2) Subject to Subsections (3) and (4), the management committee may require a tenant under a lease with a unit owner to pay the association of unit owners all future lease payments due to the unit owner: (a) if: (i) the unit 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 of unit owners is paid the amount owing. (3) (a) Before requiring a tenant to pay lease payments to the association of unit owners under Subsection (2), the manager or management committee shall give the unit 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 to be paid through the collection of lease payments; and (iii) that the association intends to demand payment of future lease payments from the unit owner's tenant if the unit owner does not pay the amount owing within 15 days. (4) (a) If a unit owner fails to pay the amount owing within 15 days after the manager or management committee gives the unit owner notice under Subsection (3), the manager or management committee may exercise the rights of the association of unit owners 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 unit owner's failure to pay an assessment within the required time, the manager or management committee has notified the unit owner of the manager or management committee'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 of unit owners, until the amount owing is paid; and (iii) the tenant's payment of lease payments to the association of unit owners does not constitute a default under the terms of the lease with the unit owner. (c) The manager or management committee shall mail a copy of the notice to the unit owner. (5) (a) A tenant to whom notice under Subsection (4) is given shall pay to the association of unit owners all future lease payments as they become due and owing to the unit 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 of unit owners notifies the tenant under Subsection (6) that the amount owing is paid. (b) A unit owner: (i) shall credit each payment that the tenant makes to the association of unit owners 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 of unit owners as required under this section. (6) (a) Within five business days after the amount owing is paid, the manager or management committee shall notify the tenant in writing that the tenant is no longer required to pay future lease payments to the association of unit owners. (b) The manager or management committee shall mail a copy of the notification described in Subsection (6)(a) to the unit owner. (7) (a) An association of unit owners shall deposit money paid to the association of unit owners under this section in a separate account and disburse that money to the association of unit owners until: (i) the amount owing is paid; and (ii) any cost of administration, not to exceed $25, is paid. (b) The association of unit owners shall, within five business days after the amount owing is paid, pay to the unit owner any remaining balance.
Utah Code § 57-26-118 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-118
§ 57-26-118. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).
Utah Code § 57-28-303 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-303
§ 57-28-303. Priority.
Status: in_force

(1) All amounts secured by a reverse mortgage have the same lien priority as the first disbursement under the reverse mortgage. (2) For purposes of Subsection (1), the amount secured by the reverse mortgage includes any payment to the borrower from the loan proceeds, regardless of the purpose of the payment.
Utah Code § 57-8a-406 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-406
§ 57-8a-406. Liability insurance.
Status: in_force

(1) This section applies to a liability insurance policy required under Subsection 57-8a-403(1)(b). (2) A liability insurance policy shall be in an amount determined by the board but not less than an amount specified in the declaration or bylaws. (3) Each lot owner is an insured person under a liability insurance policy that an association obtains, but only for liability arising from: (a) the lot owner's ownership interest in the common areas; (b) maintenance, repair, or replacement of common areas; and (c) the lot owner's membership in the association.
Utah Code § 57-16-15 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-15
§ 57-16-15. Eviction proceeding.
Status: in_force

(1) Eviction proceedings commenced under this chapter and based on causes of action set forth in Subsections 57-16-5(1)(a), (b), and (e), and eviction proceedings commenced under this chapter based on causes of action set forth in Subsections 57-16-5(1)(c) and (d), in which a landlord elects to bring an action under this chapter and not under the unlawful detainer provisions of Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer, shall comply with the following: (a) A judgment may be entered upon the merits or upon default. A judgment entered in favor of the plaintiff may: (i) include an order of restitution of the premises; and (ii) declare the forfeiture of the lease or agreement. (b) The jury, or the court if the proceedings are tried without a jury or upon the defendant's default, shall assess the damages resulting to the plaintiff from any of the following: (i) waste of the premises during the resident's tenancy, if waste is alleged in the complaint and proved; and (ii) the amount of rent due. (c) If the lease or agreement provides for reasonable attorney fees, the court shall order reasonable attorney fees to the prevailing party. (d) Whether or not the lease or agreement provides for court costs and attorney fees, if the proceeding is contested, the court shall order court costs and attorney fees to the prevailing party. (e) Except as provided in Subsection (1)(f), after judgment has been entered under this section, judgment and restitution may be enforced no sooner than 15 days from the date the judgment is entered. The person who commences the action shall mail through registered or certified mail a copy of the judgment to the resident or the resident's agent or attorney as required by the Utah Rules of Civil Procedure. (f) If a resident tenders to the mobile home park postjudgment rent, in the form of cash, cashier's check, or certified funds, then restitution may be delayed for the period of time covered by the postjudgment rent, which time period shall not exceed 15 days from the date of the judgment unless a longer period is agreed to in writing by the mobile home park. (2) Eviction proceedings commenced under this chapter and based on causes of action set forth in Subsections 57-16-5(1)(c) and (d), in which the mobile home park has elected to treat as actions also brought under the unlawful detainer provisions of Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer, shall be governed by Sections 78B-6-811 and 78B-6-812 with respect to judgment for restitution, damages, rent, enforcement of the judgment and restitution. (3) The provisions in Section 78B-6-812 shall apply to this section except the enforcement time limits in Subsections (1)(e) and (f) shall govern.
Utah Code § 57-1-31.5 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-31.5
§ 57-1-31.5. Reinstatement or payoff statement -- Timeliness of request -- Trustee's duty to provide statement -- Statement to include accounting of costs and fees.
Status: in_force

(1) As used in this section: (a) "Approved delivery method" means delivery by: (i) certified or registered United States mail with return receipt requested; or (ii) a nationally recognized letter or package delivery or courier service operating in the state that provides a service for: (A) tracking the delivery of an item; or (B) documenting: (I) that the item was received by the intended recipient; or (II) a refusal to accept delivery of the item. (b) "Compensation" means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a trustee for or in consideration of: (i) services; (ii) personal or real property; or (iii) other thing of value. (c) "Interested party" means a person with a right under Subsection 57-1-31(1) to reinstate an obligation secured by a trust deed. (d) "Payoff statement" means a statement under Subsection (2) that an interested party requests in order to obtain the amount required to pay off a loan secured by a trust deed. (e) "Reinstatement statement" means a statement under Subsection (2) that an interested party requests in order to obtain the amount required under Subsection 57-1-31(1) to reinstate an obligation secured by a trust deed. (2) (a) (i) An interested party may submit a written request to a trustee for a statement of the amount required to be paid: (A) to reinstate an obligation secured by a trust deed; or (B) to pay off a loan secured by a trust deed. (ii) (A) A request for a reinstatement statement is not timely unless the trustee receives the request at least 10 business days before expiration of the three-month period under Section 57-1-31 to reinstate an obligation. (B) A request for a payoff statement is not timely unless the trustee receives the request at least 10 business days before the trustee's sale. (iii) An interested party submitting a reinstatement statement or payoff statement to a trustee shall submit the statement to the trustee: (A) at the address specified in the trust deed for notices to the trustee; or (B) at an alternate address approved by the trustee for delivery of mail or notices. (iv) A trustee is considered to have received a request submitted under Subsection (2)(a)(i) if: (A) the interested party submitted the request through an approved delivery method; and (B) documentation provided under the approved delivery method indicates that: (I) the request was delivered to the trustee; or (II) delivery of the request was refused. (b) (i) A trustee who receives a written request under Subsection (2)(a) shall provide the statement to the interested party. (ii) A trustee is considered to have provided the statement requested under Subsection (2)(a) on the date that the trustee deposits the statement with an approved delivery method: (A) with all delivery costs prepaid; and (B) addressed to the interested party at the address provided in the request. (c) (i) If the trustee provides a requested reinstatement statement later than five business days after the request is received, the time to reinstate under Section 57-1-31 is tolled from the date of the request to the date that the trustee provides the statement. (ii) If, after scheduling a trustee's sale, the trustee fails to provide a requested payoff statement within five business days after the request is received, the trustee shall: (A) cancel the trustee's sale; or (B) postpone the trustee's sale to a date at least 10 business days after the trustee provides the statement. (3) A trustee shall include with each statement required under Subsection (2)(a): (a) a detailed listing of any of the following that the trustor would be required to pay to reinstate or payoff the loan: (i) attorney fees; (ii) trustee fees; or (iii) any costs including: (A) title fees; (B) publication fees; or (C) posting fees; and (b) subject to Subsection (4), a disclosure of: (i) any relationship that the trustee has with a third party that provides services related to the foreclosure of the loan; and (ii) whether the relationship described in Subsection (3)(b)(i) is created by: (A) an ownership interest in the third party; or (B) contract or other agreement. (4) Subsection (3)(b) does not require a trustee to provide a trustor: (a) a copy of any contract or agreement described in Subsection (3)(b); (b) specific detail as to the nature of the ownership interest described in Subsection (3)(b); or (c) the amount of compensation the trustee receives related to the foreclosure of the loan under a relationship described in Subsection (3)(b).
Utah Code § 57-22-5.1 — Utah Code / Title 57 / Chapter 57-22 / § 57-22-5.1
§ 57-22-5.1. Crime victim's right to new locks -- Domestic violence victim's right to terminate rental agreement -- Limits an owner relating to assistance from public safety agency.
Status: in_force

1/1/2027 (1) As used in this section: (a) (i) "Court order" means, except as provided in Subsection (1)(a)(ii): (A) a civil protective order, as defined in Section 78B-7-102; (B) a civil stalking injunction, as defined in Section 78B-7-102; (C) a criminal protective order, as defined in Section 78B-7-102; or (D) a criminal stalking injunction, as defined in Section 78B-7-102. (ii) "Court order" does not include: (A) an ex parte civil protective order, as defined in Section 78B-7-102; or (B) an ex parte civil stalking injunction, as defined in Section 78B-7-102, for which a hearing is requested. (b) "Crime victim" means a victim of: (i) domestic violence, as defined in Section 77-36-1; (ii) stalking, as defined in Section 76-5-106.5; (iii) an offense under Title 76, Chapter 5, Part 4, Sexual Offenses; (iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or (v) dating violence, as defined in Section 78B-7-102. (c) "Domestic violence" means the same as that term is defined in Section 77-36-1. (d) "Financial obligation" means any rent, fees, damages, or other costs owed by a renter. (e) (i) "Future obligations" means a renter's obligations under the rental agreement after the date on which the renter vacates the residential rental unit in accordance with Subsection (6). (ii) "Future obligations" includes: (A) the payment of rent and fees for the residential rental unit; and (B) the right to occupy the residential rental unit. (f) "Public safety agency" means a governmental entity that provides fire protection, law enforcement, ambulance, medical, or similar service. (g) "Victim of domestic violence" means the same as the term "victim" in Section 77-36-1. (h) "Termination fee" means the equivalent of one month of rent under the rental agreement. (2) An acceptable form of documentation of an act listed in Subsection (1) is: (a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, subsequent to a hearing of which the petitioner and respondent have been given notice under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or (b) a copy of a police report documenting an act listed in Subsection (1). (3) (a) A renter who is a crime victim may require the renter's owner to install a new lock to the renter's residential rental unit if the renter: (i) provides the owner with an acceptable form of documentation of an act listed in Subsection (1); and (ii) pays for the cost of installing the new lock. (b) An owner may comply with Subsection (3)(a) by: (i) rekeying the lock if the lock is in good working condition; or (ii) changing the entire locking mechanism with a locking mechanism of equal or greater quality than the lock being replaced. (c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the key that opens the new lock. (d) Notwithstanding any rental agreement, an owner who installs a new lock under Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the perpetrator of the act listed in Subsection (1). (e) Notwithstanding Section 78B-6-814, if an owner refuses to provide a copy of the key under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit by a protective order but is a renter on the rental agreement, the perpetrator may file a petition with a court of competent jurisdiction within 30 days to: (i) establish whether the perpetrator should be given a key and allowed access to the residential rental unit; or (ii) establish whether the perpetrator should be relieved of further liability under the rental agreement because of the owner's exclusion of the perpetrator from the residential rental unit. (f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further liability under the rental agreement if the perpetrator is found by the court to have committed the act upon which the landlord's exclusion of the perpetrator is based. (4) A renter who is a victim of domestic violence may terminate all of the renter's future obligations under a rental agreement if the renter: (a) except as provided in Subsection (5), is in compliance with all obligations under the rental agreement, including the requirements of Section 57-22-5; (b) provides the owner with: (i) a court order protecting the renter from a domestic violence perpetrator; or (ii) a copy of a police report documenting that the renter is a victim of domestic violence and is not the predominant aggressor under Subsection 77-36-2.2(3); (c) provides the owner with a written notice of termination that includes the date on which the renter intends to vacate the renter's residential rental unit; and (d) pays the owner a termination fee on the later of the day on which: (i) the renter provides the owner with a written notice of termination; or (ii) the renter vacates the renter's residential rental unit. (5) A renter may terminate all of the renter's future obligations under a rental agreement under Subsection (4) when the renter is not in compliance with the requirements of Subsection 57-22-5(1)(g) or (2) if: (a) the renter provides evidence to the owner with the written notice of termination under Subsection (4)(c) establishing that: (i) the noncompliance with Subsection 57-22-5(1)(g) or (2) occurred less than 30 days before the day on which the renter provided the written notice of termination to the owner; and (ii) the noncompliance with Subsection 57-22-5(1)(g) or (2) is due to domestic violence; (b) the renter is in compliance with all obligations of the rental agreement, except for the noncompliance described in Subsection (5)(a); and (c) the renter complies with Subsections (4)(b), (c), and (d). (6) If a renter provides an owner with a written notice of termination under Subsection (4)(c), the renter shall: (a) vacate the renter's residential rental unit within 15 days after the day on which the written notice of termination is provided to the owner; and (b) pay rent for any occupation of the residential rental unit during that 15-day time period. (7) A renter may not terminate all of the renter's future obligations under a rental agreement under Subsection (4) after a notice of eviction is served on the renter. (8) A renter who terminates all of the renter's future obligations under a rental agreement under Subsection (4) is liable for any financial obligation owed by the renter: (a) before the renter provided the owner with the written notice of termination under Subsection (4)(c); (b) for any noncompliance with Subsection 57-22-5(1)(g) or (2) as described in Subsection (5); and (c) for any occupancy of the residential rental unit by the renter during the 15-day time period described in Subsection (6). (9) The termination of a renter's future obligations under a rental agreement does not terminate the rental agreement for any other person entitled under the rental agreement to occupy the residential rental unit. (10) An owner may not: (a) impose a restriction on a renter's ability to request assistance from a public safety agency; or (b) penalize or evict a renter because the renter makes reasonable requests for assistance from a public safety agency.1/1/2027 (1) As used in this section: (a) (i) "Court order" means, except as provided in Subsection (1)(a)(ii): (A) a civil protective order, as defined in Section 78B-7-102; (B) a civil stalking injunction, as defined in Section 78B-7-102; (C) a criminal protective order, as defined in Section 78B-7-102; or (D) a criminal stalking injunction, as defined in Section 78B-7-102. (ii) "Court order" does not include: (A) an ex parte civil protective order, as defined in Section 78B-7-102; or (B) an ex parte civil stalking injunction, as defined in Section 78B-7-102, for which a hearing is requested. (b) "Crime victim" means a victim of: (i) domestic violence, as defined in Section 77-36-1; (ii) stalking, as defined in Section 76-5-106.5; (iii) an offense under Title 76, Chapter 5, Part 4, Sexual Offenses; (iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or (v) dating violence, as defined in Section 78B-7-102. (c) "Domestic violence" means the same as that term is defined in Section 77-36-1. (d) "Financial obligation" means any rent, fees, damages, or other costs owed by a renter. (e) (i) "Future obligations" means a renter's obligations under the rental agreement after the date on which the renter vacates the residential rental unit in accordance with Subsection (6). (ii) "Future obligations" includes: (A) the payment of rent and fees for the residential rental unit; and (B) the right to occupy the residential rental unit. (f) "Public safety agency" means a governmental entity that provides fire protection, law enforcement, ambulance, medical, or similar service. (g) "Victim of domestic violence" means the same as the term "victim" in Section 77-36-1. (h) "Termination fee" means the equivalent of one month of rent under the rental agreement. (2) An acceptable form of documentation of an act listed in Subsection (1) is: (a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, subsequent to a hearing of which the petitioner and respondent have been given notice under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or (b) a copy of a police report documenting an act listed in Subsection (1). (3) (a) A renter who is a crime victim may require the renter's owner to install a new lock to the renter's residential rental unit if the renter: (i) provides the owner with an acceptable form of documentation of an act listed in Subsection (1); and (ii) pays for the cost of installing the new lock. (b) An owner may comply with Subsection (3)(a) by: (i) rekeying the lock if the lock is in good working condition; or (ii) changing the entire locking mechanism with a locking mechanism of equal or greater quality than the lock being replaced. (c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the key that opens the new lock. (d) Notwithstanding any rental agreement, an owner who installs a new lock under Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to the perpetrator of the act listed in Subsection (1). (e) Notwithstanding Section 78B-6-814, if an owner refuses to provide a copy of the key under Subsection (3)(d) to a perpetrator who is not barred from the residential rental unit by a protective order but is a renter on the rental agreement, the perpetrator may file a petition with a court of competent jurisdiction within 30 days to: (i) establish whether the perpetrator should be given a key and allowed access to the residential rental unit; or (ii) establish whether the perpetrator should be relieved of further liability under the rental agreement because of the owner's exclusion of the perpetrator from the residential rental unit. (f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further liability under the rental agreement if the perpetrator is found by the court to have committed the act upon which the landlord's exclusion of the perpetrator is based. (4) A renter who is a victim of domestic violence may terminate all of the renter's future obligations under a rental agreement if the renter: (a) except as provided in Subsection (5), is in compliance with all obligations under the rental agreement, including the requirements of Section 57-22-5; (b) provides the owner with: (i) a court order protecting the renter from a domestic violence perpetrator; or (ii) a copy of a police report documenting that the renter is a victim of domestic violence and is not the predominant aggressor under Subsection 77-36-2.2(3); (c) provides the owner with a written notice of termination that includes the date on which the renter intends to vacate the renter's residential rental unit; and (d) pays the owner a termination fee on the later of the day on which: (i) the renter provides the owner with a written notice of termination; or (ii) the renter vacates the renter's residential rental unit. (5) A renter may terminate all of the renter's future obligations under a rental agreement under Subsection (4) when the renter is not in compliance with the requirements of Subsection 57-22-5(1)(g) or (2) if: (a) the renter provides evidence to the owner with the written notice of termination under Subsection (4)(c) establishing that: (i) the noncompliance with Subsection 57-22-5(1)(g) or (2) occurred less than 30 days before the day on which the renter provided the written notice of termination to the owner; and (ii) the noncompliance with Subsection 57-22-5(1)(g) or (2) is due to domestic violence; (b) the renter is in compliance with all obligations of the rental agreement, except for the noncompliance described in Subsection (5)(a); and (c) the renter complies with Subsections (4)(b), (c), and (d). (6) If a renter provides an owner with a written notice of termination under Subsection (4)(c), the renter shall: (a) vacate the renter's residential rental unit within 15 days after the day on which the written notice of termination is provided to the owner; and (b) pay rent for any occupation of the residential rental unit during that 15-day time period. (7) A renter may not terminate all of the renter's future obligations under a rental agreement under Subsection (4) after a notice of eviction is served on the renter. (8) A renter who terminates all of the renter's future obligations under a rental agreement under Subsection (4) is liable for any financial obligation owed by the renter: (a) before the renter provided the owner with the written notice of termination under Subsection (4)(c); (b) for any noncompliance with Subsection 57-22-5(1)(g) or (2) as described in Subsection (5); and (c) for any occupancy of the residential rental unit by the renter during the 15-day time period described in Subsection (6). (9) The termination of a renter's future obligations under a rental agreement does not terminate the rental agreement for any other person entitled under the rental agreement to occupy the residential rental unit. (10) An owner may not: (a) impose a restriction on a renter's ability to request assistance from a public safety agency; or (b) penalize or evict a renter because the renter makes reasonable requests for assistance from a public safety agency.
Utah Code § 57-19-19 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-19
§ 57-19-19. Subpoenas -- Evidence.
Status: in_force

(1) For the purposes of any investigation or proceeding under this chapter, the director, or any officer designated by him, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director considers relevant or material to the inquiry. (2) A person who disobeys any subpoena lawfully issued by the director, or who refuses to testify to any matters regarding which he may be lawfully interrogated, is subject to the provisions of Section 78B-6-313.
Utah Code § 57-8a-224 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-224
§ 57-8a-224. Responsibility for the maintenance, repair, and replacement of common areas and lots.
Status: in_force

(1) As used in this section: (a) "Emergency repair" means a repair that, if not made in a timely manner, will likely result in immediate and substantial damage to a common area or to another lot. (b) "Reasonable notice" means: (i) written notice that is hand delivered to the lot at least 24 hours before the proposed entry; or (ii) in the case of an emergency repair, notice that is reasonable under the circumstances. (2) Except as otherwise provided in the declaration or Part 4, Insurance: (a) an association is responsible for the maintenance, repair, and replacement of common areas; and (b) a lot owner is responsible for the maintenance, repair, and replacement of the lot owner's lot. (3) After reasonable notice to the occupant of the lot being entered, the board may access a lot: (a) from time to time during reasonable hours, as necessary for the maintenance, repair, or replacement of any of the common areas; or (b) for making an emergency repair. (4) (a) An association is liable to repair damage it causes to the common areas or to a lot the association uses to access the common areas. (b) An association shall repair damage described in Subsection (4)(a) within a time that is reasonable under the circumstances. (5) Subsections (2), (3), and (4) do not apply during the period of administrative control.
Utah Code § 57-9-9 — Utah Code / Title 57 / Chapter 57-9 / § 57-9-9
§ 57-9-9. Legislative purpose and construction.
Status: in_force

This act shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in Section 57-9-1 of this act, subject only to such limitations as appear in Section 57-9-2 of this act.
Utah Code § 57-1-12.5 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-12.5
§ 57-1-12.5. Form of special warranty deed -- Effect.
Status: in_force

(1) Conveyances of land may be substantially in the following form:SPECIAL WARRANTY DEED____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and warrants against all who claim by, through, or under the grantor to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the property).Witness the hand of said grantor this __________(month\day\year). (2) A special warranty deed when executed as required by law shall have the effect of: (a) a conveyance in fee simple to the grantee, the grantee's heirs, and assigns, of the property named in the special warranty deed, together with all the appurtenances, rights, and privileges belonging to the property; and (b) a covenant from the grantor, the grantor's heirs, and personal representatives, that: (i) the granted property is free from all encumbrances made by that grantor; and (ii) the grantor, the grantor's heirs, and personal representatives will forever warrant and defend the title of the property in the grantee, the grantee's heirs, and assigns against any lawful claim and demand of the grantor and any person claiming or to claim by, through, or under the grantor. (3) Any exceptions to a covenant described in Subsection (2)(b) may be briefly inserted in the deed following the description of the land.
Utah Code § 57-16-4.1 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-4.1
§ 57-16-4.1. Meeting to attempt resolution of disputes.
Status: in_force

(1) If a mobile home park determines that a resident has failed to comply with a mobile home park rule, the mobile home park may not terminate the lease agreement or commence legal proceedings without first giving a written notice of noncompliance to the resident. The written notice of noncompliance shall: (a) specify in detail each and every rule violation then claimed by the mobile home park; and (b) advise the resident of the resident's rights under Subsection (2). (2) If the resident disputes the occurrences of noncompliance claimed by the mobile home park in the written notice of noncompliance, the resident has the right to require management of the mobile home park to participate in a meeting with the resident by giving to the mobile home park, within five days after receiving the written notice of noncompliance, a written notice disputing the occurrences of breach and requesting a meeting with management of the mobile home park to attempt to resolve the dispute. If the resident fails to give the mobile home park a written notice of dispute within the seven-day period, the resident's right to request a meeting under this section is considered to be waived. (3) If the resident gives a timely written notice under Subsection (2), the resident and management of the mobile home park shall meet in person in a settlement discussion to attempt to resolve the dispute between the parties. The meeting shall take place within two days after the resident gives the written notice under Subsection (2), unless both parties agree to a later date. (4) Subsections (1), (2), and (3) do not apply to a rule violation arising from: (a) behavior described in Subsection 57-16-5(1)(c); or (b) nonpayment or rent, fees, or service charges.
Utah Code § 57-8a-801 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-801
§ 57-8a-801. Definitions.
Status: in_force

1/1/2027As used in this part: (1) "Charging system" means a device that is: (a) used to provide electricity to an electric or hybrid electric vehicle; and (b) designed to ensure a safe connection between the electric grid and the vehicle. (2) "General electrical contractor" means the same as that term is defined in Section 58-55-202. (3) "Residential electrical contractor" means the same as that term is defined in Section 58-55-202.
Utah Code § 57-4a-1 — Utah Code / Title 57 / Chapter 57-4a / § 57-4a-1
§ 57-4a-1. Document recordable despite defects.
Status: in_force

Each document executed and acknowledged on or before July 1, 1988, may be recorded in the office of the county recorder regardless of any defect or irregularity in its execution, attestation, or acknowledgment.
Utah Code § 57-8-13.14 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-13.14
§ 57-8-13.14. Easement rights -- Sales offices and model units -- Damage to property.
Status: in_force

(1) Subject to any restrictions and limitations the declaration may specify, the declarant shall have a transferable easement over and on the common areas and facilities for the purpose of making improvements on the land within the project or on any additional land under the declaration and this act, and for the purpose of doing all things reasonably necessary and proper in connection with the same. (2) The declarant and the declarant's duly authorized agents, representatives, and employees may maintain sales offices or model units on the land within the project if the declaration provides for the same and specifies the rights of the declarant about the number, size, location, and relocation of them. Any sales office or model unit which is not designated a unit by the declaration shall become a common area and facility as soon as the declarant ceases to be a unit owner, and the declarant shall cease to have any rights concerning it unless the sales office or model unit is removed immediately from the land included within the project in accordance with a right reserved in the declaration to make this removal. (3) To the extent that damage is inflicted on any part of the condominium project by any person or persons utilizing the easements reserved by the declaration or created by Subsections (1) and (2) of this section, the declarant, together with the person or persons causing the same, shall be jointly and severally liable for the prompt repair of the damage and for the restoration of the same to a condition compatible with the remainder of the condominium project.
Utah Code § 57-8a-404 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-404
§ 57-8a-404. Other and additional insurance -- Limit on effect of lot owner act or omission -- Insurer's subrogation waiver -- Inconsistent provisions.
Status: in_force

(1) (a) The declaration or bylaws may require the association to carry other types of insurance in addition to those described in Section 57-8a-403. (b) In addition to any type of insurance coverage or limit of coverage provided in the declaration or bylaws and subject to the requirements of this part, an association may, as the board considers appropriate, obtain: (i) an additional type of insurance than otherwise required; or (ii) a policy with greater coverage than otherwise required. (2) Unless a lot owner is acting within the scope of the lot owner's authority on behalf of an association, a lot owner's act or omission may not: (a) void a property insurance policy under Subsection 57-8a-403(1)(a) or a liability insurance policy under Subsection 57-8a-403(1)(b); or (b) be a condition to recovery under a policy. (3) An insurer under a property insurance policy or liability insurance policy obtained by an association under this part waives its right to subrogation under the policy against: (a) any person residing with a lot owner, if the lot owner resides on the lot; and (b) the lot owner. (4) (a) An insurance policy issued to an association may not be inconsistent with any provision of this part. (b) A provision of a governing document that is contrary to a provision of this part has no effect. (c) Neither the governing documents nor a property insurance or liability insurance policy issued to an association may prevent a lot owner from obtaining insurance for the lot owner's own benefit.
Utah Code § 57-10-9 — Utah Code / Title 57 / Chapter 57-10 / § 57-10-9
§ 57-10-9. Use of coordinate system.
Status: in_force

(1) A person who uses the Utah Plane Coordinate System for horizontal or vertical coordinate values shall reference the values to the most current National Spatial Reference System that the NGS maintains. (2) A person shall include metadata that describes the coordinate system used and the basis of bearings with the coordinate-based land description or survey record. (3) Nothing in this chapter prohibits a person from using another datum, reference network, or coordinate system in a survey, map, or legal description that does not use the Utah Plane Coordinate System if the person clearly identifies and documents the datum, reference network, or coordinate system used, including the basis of bearings, historical rotation, or existing monumentation.
Utah Code § 57-27-102 — Utah Code / Title 57 / Chapter 57-27 / § 57-27-102
§ 57-27-102. Definitions.
Status: in_force

As used in this chapter: (1) "Contaminated" or "contamination" is as defined in Section 19-6-902. (2) "Decontaminated" or "decontamination" is as defined in Section 19-6-902. (3) (a) "Owner" means the holder of a legal or equitable title or interest in real property. (b) "Owner" includes a shareholder, partner, operator, or other legal entity. (4) "Real estate professional" means a licensee under Title 61, Chapter 2f, Real Estate Licensing and Practices Act.
Utah Code § 57-25-113 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-113
§ 57-25-113. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101 of that Act, 15 U.S.C. Section 7001(a), or authorize electronic delivery of any of the notices described in Section 103 of that Act, 15 U.S.C. Section 7003(b).
Utah Code § 57-29-305 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-305
§ 57-29-305. Voidable agreements.
Status: in_force

(1) (a) If a sponsor violates a provision of this chapter in entering into an agreement to purchase an undivided fractionalized long-term estate, the purchaser may rescind the agreement. (b) A purchaser may rescind an agreement under this Subsection (1) at any time before the closing. (2) A purchaser who rescinds an agreement in accordance with Subsection (1) is entitled to all the consideration that the purchaser gave under the rescinded agreement. (3) In an action to enforce a purchaser's right of rescission under Subsection (1), the court shall award costs and reasonable attorney fees to the prevailing party.
Utah Code § 57-8-11 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-11
§ 57-8-11. Contents of deeds of units.
Status: in_force

A deed of units may include: (1) a description of the land as provided in Section 57-8-10, including the book and page or entry number and date of recording of the declaration; (2) the unit number of the unit and any other data necessary for its proper identification; (3) percentage of undivided interest appertaining to the unit in the common or community areas and facilities; and (4) any further particulars that the grantor and grantee consider desirable to set forth consistent with the declaration and this chapter.
Utah Code § 57-1-34 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-34
§ 57-1-34. Sale of trust property by trustee -- Foreclosure of trust deed -- Limitation of actions.
Status: in_force

A person shall, within the period prescribed by law for the commencement of an action on an obligation secured by a trust deed: (1) commence an action to foreclose the trust deed; or (2) file for record a notice of default under Section 57-1-24.
Utah Code § 57-8-37 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-37
§ 57-8-37. Fines.
Status: in_force

(1) A management committee may assess a fine against a unit owner for a violation of the association of unit owners' governing documents in accordance with the provisions of this section. (2) (a) Before assessing a fine under Subsection (1), the management committee shall give the unit owner a written warning that: (i) describes the violation; (ii) states the rule or provision of the association of unit owners' governing documents that the unit owner's conduct violates; (iii) states that the management committee may, in accordance with the provisions of this section, assess fines against the unit owner if a continuing violation is not cured or if the unit owner commits similar violations within one year after the day on which the management committee gives the unit owner the written warning or assesses a fine against the unit owner under this section; and (iv) if the violation is a continuing violation, states a time that is not less than 48 hours after the day on which the management committee gives the unit owner the written warning by which the unit owner shall cure the violation. (b) A management committee may assess a fine against a unit owner if: (i) within one year after the day on which the management committee gives the unit owner a written warning described in Subsection (2)(a), the unit owner commits another violation of the same rule or provision identified in the written warning; or (ii) for a continuing violation, the unit owner does not cure the violation within the time period that is stated in the written warning described in Subsection (2)(a). (c) If permitted by the association of unit owners' governing documents, after a management committee assesses a fine against a unit owner under this section, the management committee may, without further warning under this Subsection (2), assess an additional fine against the unit owner each time the unit owner: (i) commits a violation of the same rule or provision within one year after the day on which the management committee assesses a fine for a violation of the same rule or provision; or (ii) allows a violation to continue for 10 days or longer after the day on which the management committee assesses the fine. (d) The aggregate amount of fines assessed against a unit owner for violations of the same rule or provision of the governing documents may not exceed $500 in any one calendar month. (3) A fine assessed under Subsection (1) shall: (a) be made only for a violation of a rule, covenant, condition, or restriction that is in the association of unit owners' governing documents; (b) be in the amount provided for in the association of unit owners' governing documents and in accordance with Subsection (2)(d); and (c) accrue interest and late fees as provided in the association of unit owners' governing documents. (4) (a) A unit owner who is assessed a fine under Subsection (1) may request an informal hearing before the management committee to dispute the fine within 30 days after the day on which the unit owner receives notice that the fine is assessed. (b) At a hearing described in Subsection (4)(a), the management committee shall: (i) provide the unit owner a reasonable opportunity to present the unit owner's position to the management committee; and (ii) allow the unit owner, a committee member, or any other person involved in the hearing to participate in the hearing by means of electronic communication. (c) If a unit owner timely requests an informal hearing under Subsection (4)(a), no interest or late fees may accrue until after the management committee conducts the hearing and the unit owner receives a final decision. (5) A unit owner may appeal a fine assessed under Subsection (1) by initiating a civil action within 180 days after: (a) if the unit owner timely requests an informal hearing under Subsection (4), the day on which the unit owner receives a final decision from the management committee; or (b) if the unit owner does not timely request an informal hearing under Subsection (4), the day on which the time to request an informal hearing under Subsection (4) expires. (6) (a) Subject to Subsection (6)(b), a management committee may delegate the management committee's rights and responsibilities under this section to a managing agent. (b) A management committee may not delegate the management committee's rights or responsibilities described in Subsection (4)(b). (7) The provisions of this section apply to an association of unit owners regardless of when the association of unit owners is created.
Utah Code § 57-14-205 — Utah Code / Title 57 / Chapter 57-14 / § 57-14-205
§ 57-14-205. Person using land of another not relieved from duty to exercise care.
Status: in_force

This part may not be construed to relieve any person, using the land of another for recreational purposes, from any obligation which the person may have in the absence of this chapter to exercise care in use of the land and in activities on the land, or from the legal consequences of failure to employ care.
Utah Code § 57-8-16.5 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-16.5
§ 57-8-16.5. Period of administrative control -- Renewal or ratification of contracts -- Failure to establish association or committee -- Declarant responsibilities.
Status: in_force

(1) (a) The declaration may authorize the declarant, a managing agent, or a person that the declarant selects, to: (i) appoint and remove some or all of: (A) the members of the management committee; or (B) the officers of the association of unit owners; or (ii) exercise powers and responsibilities otherwise assigned by the declaration and by this chapter to the association of unit owners, the association's officers, or the management committee. (b) If the declaration authorizes the declarant to conduct the actions described in Subsection (1)(a)(i) during the period of administrative control described in this Subsection (1), the declarant may appoint the declarant's officers, employees or agents as members of the management committee or as officers of the association of unit owners. (c) An amendment to the declaration may not increase the scope of the authorization described in Subsection (1)(b), unless all unit owners unanimously consent to the amendment. (d) The authorization described in Subsection (1)(b) terminates on the day on which the first of the following occurs: (i) the time limit set by the declaration expires, that may not exceed: (A) for an expandable condominium, six years; (B) for a condominium project containing any convertible land, four years; or (C) for any other condominium project, three years; (ii) units to which three-fourths of the undivided interest in the common areas and facilities appertain have been conveyed; or (iii) all additional land has been added to the project and all convertible land has been converted, whichever last occurs. (2) If entered into during the period of administrative control contemplated by Subsection (1), a management contract, lease of recreational areas or facilities, or any other contract or lease designed to benefit the declarant which was executed by or on behalf of the association of unit owners or the unit owners as a group is not binding after the period of administrative control unless unit owners of units to which a majority of the votes in the association of unit owners appertains renew and ratify the management contract, lease of recreational areas or facilities, or any other contract or lease designed to benefit the declarant. (3) If the association of unit owners or management committee is not in existence or does not have officers at the time of the creation of a condominium project, the declarant shall, until there is an association or management committee with these officers, have the power and responsibility to act in all instances where this chapter or the declaration requires action by the association of unit owners, the management committee, or any of the officers of the association of unit owners or the management committee. (4) This section shall be strictly construed to protect the rights of the unit owners. (5) During the period of administrative control, the declarant shall: (a) use reasonable care and prudence in managing and maintaining the common areas and facilities; (b) establish a sound fiscal basis for the association by imposing and collecting assessments and establishing reserves for the maintenance and replacement of common areas and facilities; (c) for a service that the association is or will be obligated to provide, disclose to the unit owners the amount of money the declarant provides for or subsidizes for that service; (d) comply with and enforce the terms of the declaration, including design controls, land-use restrictions, and the payment of assessments; and (e) disclose to the unit owners all material facts and circumstances affecting: (i) the condition of the property that the association is responsible for maintaining; and (ii) the financial condition of the association, including the interest of the declarant and the declarant's affiliates in a contract, lease, or other agreement entered into by the association.
Utah Code § 57-6-1 — Utah Code / Title 57 / Chapter 57-6 / § 57-6-1
§ 57-6-1. Stay of execution of judgment of possession.
Status: in_force

Where an occupant of real estate has color of title to the real estate, and in good faith has made valuable improvements on the real estate, and is afterwards in a proper action found not to be the owner, no execution shall issue to put the owner in possession of the real estate after the filing of a complaint as hereinafter provided, until the provisions of this chapter have been complied with.
Utah Code § 57-29-102 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-102
§ 57-29-102. Definitions.
Status: in_force

As used in this chapter: (1) "Commission" means the Real Estate Commission created in Section 61-2f-103. (2) "Director" means the director of the Division of Real Estate. (3) "Division" means the Division of Real Estate created in Section 61-2-201. (4) "Management agreement" means an agreement between a person and each owner of an undivided fractionalized long-term estate in a piece of real property under which the person agrees to manage the leasing or operations of the real property. (5) "Master lease" means an agreement under which a person is granted a leasehold interest in real property and may sublease all or a portion of the real property to one or more persons. (6) "Master lease tenant" means the lessee in a master lease. (7) "Sponsor" means a person who is the original seller of an undivided fractionalized long-term estate. (8) (a) "Undivided fractionalized long-term estate" means an ownership interest in real property by two or more persons that is: (i) a tenancy in common; or (ii) a fee estate. (b) "Undivided fractionalized long-term estate" does not include a joint tenancy.
Utah Code § 57-1-46 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-46
§ 57-1-46. Transfer fee and reinvestment fee covenants.
Status: in_force

(1) As used in this section: (a) "Administrative setup fee" means a fee, charge, or payment that is: (i) related to the sale of real property; and (ii) as a result of a transfer of the real property, is imposed on a buyer or seller by: (A) a common interest association; or (B) a person acting on behalf of the common interest association. (b) "Association expenses" means expenses incurred by a common interest association for: (i) the purchase, ownership, leasing, construction, operation, use, administration, maintenance, improvement, repair, or replacement of association facilities, including expenses for taxes, insurance, operating reserves, capital reserves, and emergency funds; (ii) providing, establishing, creating, or managing a facility, activity, service, or program for the benefit of property owners, tenants, common areas, the burdened property, or property governed by the common interest association; or (iii) other facilities, activities, services, or programs that are required or permitted under the common interest association's organizational documents. (c) "Association facilities" means any real property, improvements on real property, or personal property owned, leased, constructed, developed, managed, or used by a common interest association, including common areas. (d) "Burdened property" means the real property that is subject to a reinvestment fee covenant or transfer fee covenant. (e) (i) "Capital-intensive infrastructure maintenance" means maintenance of infrastructure or facilities that a common interest association owns, operates, or maintains that: (A) have a projected useful life exceeding five years after the day on which construction on the infrastructure or facilities finishes; (B) require periodic replacement, reconstruction, or major rehabilitation; and (C) reasonably require advance funding through capital reserves, replacement reserves, or special assessments. (ii) "Capital-intensive infrastructure maintenance" does not include the following activities done to infrastructure or facilities that a common interest association owns, operates, or maintains: (A) performing routine maintenance; (B) landscaping; (C) installing signage; or (D) installing perimeter fencing. (f) "Common areas" means areas described within: (i) the definition of "common areas and facilities" under Section 57-8-3; and (ii) the definition of "common areas" under Section 57-8a-102. (g) (i) "Common interest association" means: (A) an association, as defined in Section 57-8a-102; (B) an association of unit owners, as defined in Section 57-8-3; or (C) a nonprofit association. (ii) "Common interest association" includes a person authorized by an association, association of unit owners, or nonprofit association. (h) "Large master planned development" means an approved development: (i) of at least 500 acres or 500 units; and (ii) that includes a commitment to fund, construct, develop, or maintain: (A) common infrastructure; (B) association facilities; (C) community programming; (D) resort facilities; (E) open space; or (F) recreation amenities. (i) "Low-amenity association" means a common interest association that: (i) is comprised of only detached single-family homes; and (ii) does not provide capital intensive infrastructure maintenance services to the members of the association. (j) "Nonprofit association" means a nonprofit corporation organized under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, to benefit, enhance, preserve, govern, manage, or maintain burdened property. (k) "Organizational documents" means: (i) for an association, as that term is defined in Section 57-8a-102, governing documents as that term is defined in Section 57-8a-102; (ii) for an association of unit owners, as that term is defined in Section 57-8-3, a declaration as that term is defined in Section 57-8-3; and (iii) for a nonprofit association: (A) a written instrument by which the nonprofit association exercises powers or manages, maintains, or otherwise affects the property under the jurisdiction of the nonprofit association; and (B) articles of incorporation, bylaws, plats, charters, the nonprofit association's rules, and declarations of covenants, conditions, and restrictions. (l) "Reinvestment fee" means a fee imposed, directly or indirectly, by a common interest association: (i) upon a buyer or seller of real property; (ii) upon and as a result of a transfer of the real property; and (iii) that is dedicated to benefiting the common areas, including payment for: (A) common planning, facilities, and infrastructure; (B) obligations arising from an environmental covenant; (C) community programming; (D) resort facilities; (E) open space; (F) recreation amenities; (G) charitable purposes; (H) association expenses; or (I) capital intensive infrastructure maintenance. (m) "Reinvestment fee covenant" means a covenant, restriction, or agreement that: (i) affects real property; and (ii) obligates a future buyer or seller of the real property to pay to a common interest association, upon and as a result of a transfer of the real property, a fee that is dedicated to benefitting the burdened property, including payment for: (A) common planning, facilities, and infrastructure; (B) obligations arising from an environmental covenant; (C) community programming; (D) resort facilities; (E) open space; (F) recreation amenities; (G) charitable purposes; (H) association expenses; or (I) capital intensive infrastructure maintenance. (n) "Reserve funds" means: (i) for an association, as that term is defined in Section 57-8a-102, reserve funds as that term is defined in Section 57-8a-211; and (ii) for an association of unit owners, as that term is defined in Section 57-8-3, reserve funds as that term is defined in Section 57-8-7.5. (o) (i) "Transfer fee covenant" means an obligation, however denominated, expressed in a covenant, restriction, agreement, or other instrument or document: (A) that affects real property; (B) that is imposed on a future buyer or seller of real property, other than a person who is a party to the covenant, restriction, agreement, or other instrument or document; and (C) to pay a fee upon and as a result of a transfer of the real property. (ii) "Transfer fee covenant" does not include: (A) an obligation imposed by a court judgment, order, or decree; (B) an obligation imposed by the federal government or a state or local government entity; or (C) a reinvestment fee covenant. (2) A transfer fee covenant recorded on or after March 16, 2010, is void and unenforceable. (3) (a) Except as provided in Subsection (3)(b), a reinvestment fee covenant may not be sold, assigned, or conveyed unless the sale, assignment, or conveyance is to a common interest association that was formed to benefit the burdened property. (b) A common interest association may assign or pledge to a lender the right to receive payment under a reinvestment fee covenant if: (i) the assignment or pledge is as collateral for a credit facility; and (ii) the lender releases the collateral interest upon payment in full of all amounts that the common interest association owes to the lender under the credit facility. (4) A reinvestment fee covenant recorded on or after March 16, 2010, is not enforceable if the reinvestment fee covenant is intended to affect property that is the subject of a previously recorded transfer fee covenant or reinvestment fee covenant. (5) Unless the burdened property is part of a large master planned development, a reinvestment fee covenant recorded on or after May 6, 2026, may not obligate the payment of a fee that exceeds: (a) .5% of the value of the burdened property if the burdened property is located in a common interest association that is not a low-amenity association; or (b) .25% of the value of the burdened property, if the burdened property is located in a low-amenity association. (6) (a) A reinvestment fee covenant recorded on or after March 16, 2010, is void and unenforceable unless a notice of reinvestment fee covenant, separate from the reinvestment fee covenant, is recorded in the office of the recorder of each county in which any of the burdened property is located. (b) A notice under Subsection (6)(a) shall: (i) state the name and address of the common interest association to which the fee under the reinvestment fee covenant is required to be paid; (ii) include the notarized signature of the common interest association's authorized representative; (iii) state that the burden of the reinvestment fee covenant is intended to run with the land and to bind successors in interest and assigns; (iv) state that the existence of the reinvestment fee covenant precludes the imposition of an additional reinvestment fee covenant on the burdened property; (v) state the duration of the reinvestment fee covenant; (vi) state the purpose of the fee required to be paid under the reinvestment fee covenant; and (vii) state that the fee required to be paid under the reinvestment fee covenant is required to benefit the burdened property. (c) A recorded notice of reinvestment fee covenant that substantially complies with the requirements of Subsection (6)(b) is valid and effective. (7) (a) A reinvestment fee covenant or transfer fee covenant recorded before March 16, 2010, is not enforceable after May 31, 2010, unless: (i) a notice that is consistent with the notice described in Subsection (6) is recorded in the office of the recorder of each county in which any of the burdened property is located; or (ii) a notice of reinvestment fee covenant or transfer fee covenant, as described in Subsection (7)(b), is recorded in the office of the recorder of each county in which any of the burdened property is located. (b) A notice under Subsection (7)(a)(ii) shall: (i) include the notarized signature of the beneficiary of the reinvestment fee covenant or transfer fee covenant, or the beneficiary's authorized representative; (ii) state the name and current address of the beneficiary under the reinvestment fee covenant or transfer fee covenant; (iii) state that the burden of the reinvestment fee covenant or transfer fee covenant is intended to run with the land and to bind successors in interest and assigns; and (iv) state the duration of the reinvestment fee covenant or transfer fee covenant. (c) (i) A recorded notice of reinvestment fee covenant or transfer fee covenant that substantially complies with the requirements of Subsection (7)(b) 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. (ii) A county recorder is not required to determine whether a notice of transfer fee covenant is a wrongful lien for purposes of this Subsection (7)(c). (d) A notice under Subsection (7)(b): (i) that is recorded after May 31, 2010, is not enforceable; and (ii) shall comply with the requirements of Section 57-1-47. (e) An amendment to a notice under Subsection (7)(b) recorded after May 31, 2010, seeking to amend a notice under Subsection (7)(b) recorded before May 31, 2010, is not an enforceable amendment. (8) A reinvestment fee covenant recorded on or after March 16, 2010, may not be enforced upon: (a) an involuntary transfer; (b) a transfer that results from a court order; (c) a bona fide transfer to a family member of the seller within three degrees of consanguinity who, before the transfer, provides adequate proof of consanguinity; (d) a transfer or change of interest due to death, whether provided in a will, trust, or decree of distribution; or (e) the transfer of burdened property by a financial institution, except to the extent that the reinvestment fee covenant requires the payment of a common interest association's costs directly related to the transfer of the burdened property, not to exceed $250. (9) (a) An administrative setup fee imposed on or after May 7, 2025, is void and unenforceable unless the association uses the fee only to pay expenses related to the transfer of real property. (b) No later than December 31 each year, if a manager collects an administrative setup fee, the manager shall provide to the association an annual accounting of each administrative setup fee the manager collects in a calendar year. (10) On or after May 6, 2026, an association may not impose a reinvestment fee unless: (a) imposing the reinvestment fee is authorized in the declaration or a reinvestment fee covenant; (b) a majority of voting interests in the association, or a higher percentage if required in the organizational documents, approves the reinvestment fee; and (c) if the association is not a large master planned development, the association deposits at least 50% of the reinvestment fee into reserve funds. (11) After a vote approving the reinvestment fee described in Subsection (10)(b), an association may set the amount of a reinvestment fee only: (a) in accordance with the terms of the declaration or a reinvestment fee covenant; and (b) upon providing notice in accordance with Section 57-8a-214. (12) Members of the association may remove or amend a reinvestment fee by holding a vote at a special meeting: (a) called by the members for the purpose of removing or amending the reinvestment fee; and (b) at which: (i) at least 51% of the voting interests attend and vote; and (ii) a majority of the voting interests that attend vote to remove or amend the reinvestment fee.
Utah Code § 57-28-202 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-202
§ 57-28-202. Borrower requirements.
Status: in_force

A borrower shall: (1) (a) for a home equity conversion mortgage insured by the Federal Housing Administration under Title 1 of the National Housing Act, 12 U.S.C. Sec. 1715z-20, be 62 years old or older; and (b) for proprietary loans not insured by the Federal Housing Administration, be 55 years old or older; and (2) occupy the dwelling that secures the reverse mortgage as a principal residence.
Utah Code § 57-11-10 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-10
§ 57-11-10. Renewal report -- Renewal fee -- Examination by division -- Annual reports.
Status: in_force

(1) (a) Within 30 days after each annual anniversary date of the division's registration of subdivided lands, the subdivider shall file a renewal report in the form the division prescribes together with a renewal fee of $50. (b) The report shall reflect all material changes to information contained in the original application for registration, including any change in ownership of the subdivider. (c) The report shall also indicate the number of units in the subdivision that have been disposed of since the division registered the subdivided lands. (2) (a) The division may, upon the filing of a renewal report, initiate a renewal examination of the kind described in Section 57-11-8. (b) If the division determines upon inquiry and examination that the subdivider fails to meet any of the requirements of Section 57-11-8, the division shall notify the subdivider that the subdivider must correct the report, the promotional plan, or the plan of disposition within 20 days, or any additional time allowed by the division, after the day on which the subdivider receives the notice. (c) If the subdivider does not meet the requirements within the time allowed, the division may, notwithstanding the provisions of Section 57-11-13 and without further notice, issue a cease and desist order according to the emergency procedures of Title 63G, Chapter 4, Administrative Procedures Act, barring further sale of the subdivided lands. (3) The division may permit the filing of annual reports within 30 days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration.
Utah Code § 57-21-6.1 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-6.1
§ 57-21-6.1. Discriminatory housing practices regarding real estate -- Existing real property contract provisions.
Status: in_force

(1) As used in this section: (a) "Association" means the same as that term is defined in Section 57-8-3 or 57-8a-102. (b) "Board" means: (i) a management committee as defined in Section 57-8-3; or (ii) the same as that term is defined in Section 57-8a-102. (c) "Governing documents" means the same as that term is defined in Section 57-8-3 or 57-8a-102. (2) Any provision in a previously recorded written instrument relating to real property that expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity is void. (3) It is a discriminatory housing practice to enforce a provision described in Subsection (2). (4) Except as provided in Subsection (5), a person with a fee simple interest in the real property that is subject to the recorded written instrument described in Subsection (2) may record with the county recorder a modification document on the real property in the following form:"Any provision in a previously recorded written instrument that expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity is void under Utah Code Section 57-21-6.1.". (5) (a) If a written instrument described in Subsection (2) is a governing document, an association may, in accordance with this section, amend the association's governing documents to remove a provision described in Subsection (2). (b) (i) If an owner believes an association's governing documents include a provision described in Subsection (2), the owner may submit a written request to remove the provision. (ii) Within 90 days after the day on which the board receives a written request, the board: (A) shall investigate a claim that the association's governing documents include a provision described in Subsection (2); and (B) if the board determines the association's governing documents include a provision described in Subsection (2), may remove the provision from the governing documents by amending the association's governing documents through a majority vote of the board, regardless of any contrary provision in the association's governing documents. (c) Any association officer may execute the amendment to remove the provision described in Subsection (2) from the governing documents. (d) Notwithstanding any contrary provision in the association's governing documents, an amendment under this subsection does not require approval of the association's members. (6) A provision in a recorded written instrument that is void under this section does not affect the validity of the remainder of the previously recorded written instrument. (7) An owner who records or causes to be recorded a modification document under Subsection (4) that contains modifications not authorized by this section is solely liable for the recordation. (8) A county recorder may not charge a fee for recording a modification document under this section.
Utah Code § 57-8-43 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-43
§ 57-8-43. Insurance.
Status: in_force

(1) As used in this section, "reasonably available" means available using typical insurance carriers and markets, irrespective of the ability of the association of unit owners to pay. (2) (a) This section applies to an insurance policy or combination of insurance policies: (i) issued or renewed on or after July 1, 2011; and (ii) issued to or renewed by: (A) a unit owner; or (B) an association of unit owners, regardless of when the association of unit owners is formed. (b) Unless otherwise provided in the declaration, this section does not apply to a commercial condominium project insured under a policy or combination of policies issued or renewed on or after July 1, 2014. (3) Beginning not later than the day on which the first unit is conveyed to a person other than a declarant, an association of unit owners shall maintain, to the extent reasonably available: (a) subject to Subsection (9), blanket property insurance or guaranteed replacement cost insurance on the physical structures in the condominium project, including common areas and facilities, limited common areas and facilities, and units, insuring against all risks of direct physical loss commonly insured against, including fire and extended coverage perils; and (b) subject to Subsection (10), liability insurance covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common areas and facilities. (4) If an association of unit owners becomes aware that property insurance under Subsection (3)(a) or liability insurance under Subsection (3)(b) is not reasonably available, the association of unit owners shall, within seven calendar days after becoming aware, give all unit owners notice, as provided in Section 57-8-42, that the insurance is not reasonably available. (5) (a) The declaration or bylaws may require the association of unit owners to carry other types of insurance in addition to those described in Subsection (3). (b) In addition to any type of insurance coverage or limit of coverage provided in the declaration or bylaws and subject to the requirements of this section, an association of unit owners may, as the management committee considers appropriate, obtain: (i) an additional type of insurance than otherwise required; or (ii) a policy with greater coverage than otherwise required. (6) Unless a unit owner is acting within the scope of the unit owner's authority on behalf of an association of unit owners, a unit owner's act or omission may not: (a) void a property insurance policy under Subsection (3)(a) or a liability insurance policy under Subsection (3)(b); or (b) be a condition to recovery under a policy. (7) An insurer under a property insurance policy or liability insurance policy obtained by an association of unit owners under this section waives the insurer's right to subrogation under the policy against: (a) any person residing with the unit owner, if the unit owner resides in the unit; and (b) the unit owner. (8) (a) An insurance policy issued to an association of unit owners may not be inconsistent with any provision of this section. (b) A provision of a declaration, bylaw, rule, or other document governing the association of unit owners that is contrary to a provision of this section has no effect. (c) Neither the governing documents nor a property insurance or liability insurance policy issued to an association of unit owners may prevent a unit owner from obtaining insurance for the unit owner's own benefit. (9) (a) This Subsection (9) applies to property insurance required under Subsection (3)(a). (b) The total amount of coverage provided by blanket property insurance or guaranteed replacement cost insurance may not be less than 100% of the full replacement cost of the insured property at the time the insurance is purchased and at each renewal date, excluding: (i) items normally excluded from property insurance policies; and (ii) unless otherwise provided in the declaration, any commercial condominium unit in a mixed-use condominium project, including any fixture, improvement, or betterment in a commercial condominium unit in a mixed-use condominium project. (c) Property insurance shall include coverage for any fixture, improvement, or betterment installed at any time to a unit or to a limited common area associated with a unit, whether installed in the original construction or in any remodel or later alteration, including a floor covering, cabinet, light fixture, electrical fixture, heating or plumbing fixture, paint, wall covering, window, and any other item permanently part of or affixed to a unit or to a limited common element associated with a unit. (d) Notwithstanding anything in this section and unless otherwise provided in the declaration, an association of unit owners is not required to obtain property insurance for a loss to a unit that is not physically attached to: (i) another unit; or (ii) a structure that is part of a common area or facility. (e) Each unit owner is an insured person under a property insurance policy. (f) If a loss occurs that is covered by a property insurance policy in the name of an association of unit owners and another property insurance policy in the name of a unit owner: (i) the association's policy provides primary insurance coverage; and (ii) notwithstanding Subsection (9)(f)(i) and subject to Subsection (9)(g): (A) the unit owner is responsible for the deductible of the association of unit owners; and (B) building property coverage, often referred to as coverage A, of the unit owner's policy applies to that portion of the loss attributable to the policy deductible of the association of unit owners. (g) (i) As used in this Subsection (9)(g) and Subsection (9)(j): (A) "Covered loss" means a loss, resulting from a single event or occurrence, that is covered by a property insurance policy of an association of unit owners. (B) "Unit damage" means damage to a unit or to a limited common area or facility appurtenant to that unit, or both. (C) "Unit damage percentage" means the percentage of total damage resulting in a covered loss that is attributable to unit damage. (ii) A unit owner who owns a unit that has suffered unit damage as part of a covered loss is responsible for an amount calculated by applying the unit damage percentage for that unit to the amount of the deductible under the property insurance policy of the association of unit owners. (iii) If a unit owner does not pay the amount required under Subsection (9)(g)(ii) within 30 days after substantial completion of the repairs to the unit or limited common areas and facilities appurtenant to that unit, an association of unit owners may levy an assessment against the unit owner for that amount. (h) An association of unit owners shall set aside an amount equal to the amount of the association's property insurance policy deductible or, if the policy deductible exceeds $10,000, an amount not less than $10,000. (i) (i) An association of unit owners shall provide notice in accordance with Section 57-8-42 to each unit owner of the unit owner's obligation under Subsection (9)(g) for the association's policy deductible and of any change in the amount of the deductible. (ii) (A) An association of unit owners that fails to provide notice as provided in Subsection (9)(i)(i) is responsible for the portion of the deductible that the association of unit owners could have assessed to a unit owner under Subsection (9)(g), but only to the extent that the unit owner does not have insurance coverage that would otherwise apply under this Subsection (9). (B) Notwithstanding Subsection (9)(i)(ii), an association of unit owners that provides notice of the association's policy deductible, as required under Subsection (9)(i)(i), but fails to provide notice of a later increase in the amount of the deductible is responsible only for the amount of the increase for which notice was not provided. (iii) The failure of an association of unit owners to provide notice as provided in Subsection (9)(i)(i) may not be construed to invalidate any other provision of this section. (j) If, in the exercise of the business judgment rule, the management committee determines that a covered loss is likely not to exceed the property insurance policy deductible of the association of unit owners and until it becomes apparent the covered loss exceeds the deductible of the property insurance of the association of unit owners and a claim is submitted to the property insurance insurer of the association of unit owners: (i) a unit owner's policy is considered the policy for primary coverage for a loss occurring to the unit owner's unit or to a limited common area or facility appurtenant to the unit; (ii) the association of unit owners is responsible for any covered loss to any common areas and facilities; (iii) a unit owner who does not have a policy to cover the damage to that unit owner's unit and appurtenant limited common areas and facilities is responsible for that damage, and the association of unit owners may, as provided in Subsection (9)(g)(iii), recover any payments the association of unit owners makes to remediate that unit and appurtenant limited common areas and facilities; and (iv) the association of unit owners need not tender the claim to the association's insurer. (k) (i) An insurer under a property insurance policy issued to an association of unit owners shall adjust with the association of unit owners a loss covered under the association's policy. (ii) Notwithstanding Subsection (9)(k)(i), the insurance proceeds for a loss under a property insurance policy of an association of unit owners: (A) are payable to an insurance trustee that the association of unit owners designates or, if no trustee is designated, to the association of unit owners; and (B) may not be payable to a holder of a security interest. (iii) An insurance trustee or an association of unit owners shall hold any insurance proceeds in trust for the association of unit owners, unit owners, and lien holders. (iv) (A) If damaged property is to be repaired or restored, insurance proceeds shall be disbursed first for the repair or restoration of the damaged property. (B) After the disbursements described in Subsection (9)(k)(iv)(A) are made and the damaged property has been completely repaired or restored or the project terminated, any surplus proceeds are payable to the association of unit owners, unit owners, and lien holders, as provided in the declaration. (l) An insurer that issues a property insurance policy under this section, or the insurer's authorized agent, shall issue a certificate or memorandum of insurance to: (i) the association of unit owners; (ii) a unit owner, upon the unit owner's written request; and (iii) a holder of a security interest, upon the holder's written request. (m) A cancellation or nonrenewal of a property insurance policy under this section is subject to the procedures stated in Section 31A-21-303. (n) A management committee that acquires from an insurer the property insurance required in this section is not liable to unit owners if the insurance proceeds are not sufficient to cover 100% of the full replacement cost of the insured property at the time of the loss. (o) (i) Unless required in the declaration, property insurance coverage is not required for fixtures, improvements, or betterments in a commercial unit or limited common areas and facilities appurtenant to a commercial unit in a mixed-use condominium project. (ii) Notwithstanding any other provision of this section, an association of unit owners may obtain property insurance for fixtures, improvements, or betterments in a commercial unit in a mixed-use condominium project if allowed or required in the declaration. (p) (i) This Subsection (9) does not prevent a person suffering a loss as a result of damage to property from asserting a claim, either directly or through subrogation, for the loss against a person at fault for the loss. (ii) Subsection (9)(p)(i) does not affect Subsection (7). (10) (a) This Subsection (10) applies to a liability insurance policy required under Subsection (3)(b). (b) A liability insurance policy shall be in an amount determined by the management committee but not less than an amount specified in the declaration or bylaws. (c) Each unit owner is an insured person under a liability insurance policy that an association of unit owners obtains, but only for liability arising from: (i) the unit owner's ownership interest in the common areas and facilities; (ii) maintenance, repair, or replacement of common areas and facilities; and (iii) the unit owner's membership in the association of unit owners.
Utah Code § 57-21-2.5 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-2.5
§ 57-21-2.5. Supremacy over local regulations -- No special class created for other purposes.
Status: in_force

(1) This chapter supersedes and preempts any ordinance, regulation, standard, or other legal action by a local government entity, a state entity, or the governing body of a political subdivision that relates to the prohibition of discrimination in housing. (2) This chapter shall not be construed to create a special or protected class for any purpose other than housing.
Utah Code § 57-13c-110 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-110
§ 57-13c-110. Nonwaiver.
Status: in_force

The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if: (1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter; (2) the instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or (3) the location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.
Utah Code § 57-9-7 — Utah Code / Title 57 / Chapter 57-9 / § 57-9-7
§ 57-9-7. Existing statutes of limitations and recording statutes not affected.
Status: in_force

Nothing contained in this act shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as herein specifically provided, to affect the operation of any statutes governing the effect of the recording or the failure to record any instrument affecting land.
Utah Code § 57-19-25 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-25
§ 57-19-25. Remedies nonexclusive.
Status: in_force

The remedies provided in this chapter are cumulative and nonexclusive, and do not affect any other remedy available at law.
Utah Code § 57-14-204 — Utah Code / Title 57 / Chapter 57-14 / § 57-14-204
§ 57-14-204. Liability not limited where willful or malicious conduct involved or admission fee charged.
Status: in_force

(1) Nothing in this part limits any liability that otherwise exists for: (a) willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; (b) deliberate, willful, or malicious injury to persons or property; or (c) an injury suffered where the owner of land charges a person to enter or go on the land or use the land for any recreational purpose. (2) For purposes of Subsection (1)(c), if the land is leased to the state or a subdivision of the state, any consideration received by the owner for the lease is not a charge within the meaning of this section. (3) Any person who hunts upon a cooperative wildlife management unit, as authorized by Title 23A, Chapter 7, Cooperative Wildlife Management Units, is not considered to have paid a fee within the meaning of this section. (4) Owners of a dam or reservoir who allow recreational use of the dam or reservoir and its surrounding area and do not themselves charge a fee for that use, are considered not to have charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to the Division of State Parks or the Division of Outdoor Recreation for the use of the services and facilities at that dam or reservoir. (5) The state or a subdivision of the state that owns property purchased for a railway corridor is considered not to have charged for use of the railway corridor within the meaning of Subsection (1)(c), even if the user pays a fee for travel on a privately owned rail car that crosses or travels over the railway corridor of the state or a subdivision of the state: (a) allows recreational use of the railway corridor and its surrounding area; and (b) does not charge a fee for that use.
Utah Code § 57-1-23.5 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-23.5
§ 57-1-23.5. Civil liability for unauthorized person who exercises power of sale.
Status: in_force

(1) As used in this section: (a) "Unauthorized person" means a person who does not qualify as a trustee under Subsection 57-1-21(1)(a)(i) or (iv). (b) "Unauthorized sale" means the exercise of a power of sale by an unauthorized person. (2) (a) An unauthorized person who conducts an unauthorized sale is liable to the trustor for the actual damages suffered by the trustor as a result of the unauthorized sale or $2,000, whichever is greater. (b) In an action under Subsection (2)(a), the court shall award a prevailing plaintiff the plaintiff's costs and attorney fees.
Utah Code § 57-17-3 — Utah Code / Title 57 / Chapter 57-17 / § 57-17-3
§ 57-17-3. Deductions from deposit -- Written itemization -- Time for return.
Status: in_force

(1) Upon termination of a tenancy, the owner or the owner's agent may apply property or money held as a deposit toward the payment of rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit. (2) No later than 30 days after the day on which a renter vacates and returns possession of a rental property to the owner or the owner's agent, the owner or the owner's agent shall mail or deliver to the renter at the renter's last known address or electronically to the renter by a means provided to the owner or owner's agent by the renter: (a) the balance of any deposit; (b) the balance of any prepaid rent; and (c) if the owner or the owner's agent made any deductions from the deposit or prepaid rent, a written notice that itemizes and explains the reason for each deduction. (3) If an owner or the owner's agent fails to comply with the requirements described in Subsection (2), the renter may serve the owner or the owner's agent, in accordance with Subsection (4), a notice that: (a) states: (i) the names of the parties to the rental agreement; (ii) the day on which the renter vacated the rental property; (iii) that the owner or the owner's agent has failed to comply with the requirements described in Subsection (2); and (iv) the address where the owner or the owner's agent may send the items described in Subsection (2); and (b) is substantially in the following form:TENANT'S NOTICE TO PROVIDE DEPOSIT DISPOSITIONTO: (insert owner or owner's agent's name)RE: (insert address of rental property)NOTICE IS HEREBY GIVEN THAT WITHIN FIVE (5) BUSINESS DAYS pursuant to Utah Code Sections 57-17-3 et seq., the owner or the owner's agent must provide the tenant, at the address below, a refund of the balance of any security deposit, the balance of any prepaid rent, and a notice of any deductions from the security deposit or prepaid rent as allowed by law.NOTICE IS FURTHER GIVEN that the tenant vacated the property on the _____ day of ___________, 20___.NOTICE IS FURTHER GIVEN that failure to comply with this notice will require the owner to refund the entire security deposit, the full amount of any prepaid rent, and a penalty of $100. If the entire security deposit, the full amount of any prepaid rent, and the penalty of $100 is not tendered to the tenant, and the tenant is required to initiate litigation to enforce the provisions of the statute, the owner may be liable for the tenant's court costs and attorney fees, if the court determines the owner acted in bad faith.Tenant's Name(s):_____________________________________Mailing Address_____________________ City____________ State_____ Zip_______This is a legal document. Please read and comply with the document's terms.Dated this ______ day of _____________, 20____.Return of ServiceOn this _____ day of ____________, 20____, I swear and attest that I served this notice in compliance with Utah Code Section 57-17-3 by:____ Delivering a copy to the owner or the owner's agent personally at the address provided in the lease agreement;____ Leaving a copy with a person of suitable age and discretion at the address provided in the lease agreement because the owner or the owner's agent was absent from the address provided in the lease agreement;____ Affixing a copy in a conspicuous place at the address provided in the lease agreement because a person of suitable age or discretion could not be found at the address provided in the lease agreement; or____ Sending a copy through registered or certified mail to the owner or the owner's agent at the address provided in the lease agreement.The owner's address to which the service was effected is:Address________________________ City______________ State_____ Zip________________________ (server's signature)Self-Authentication DeclarationPursuant to Utah Code Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, I declare under criminal penalty of the State of Utah that the foregoing is true and correct.Executed this _____ day of _____________, 20____.___________________ (server's signature) (4) A notice described in Subsection (3) shall be served: (a) (i) by delivering a copy to the owner or the owner's agent personally at the address provided in the lease agreement; (ii) if the owner or the owner's agent is absent from the address provided in the lease agreement, by leaving a copy with a person of suitable age and discretion at the address provided in the lease agreement; or (iii) if a person of suitable age or discretion cannot be found at the address provided in the lease agreement, by affixing a copy in a conspicuous place at the address provided in the lease agreement; or (b) by sending a copy through registered or certified mail to the owner or the owner's agent at the address provided in the lease agreement. (5) Within five business days after the day on which the notice described in Subsection (3) is served, the owner or the owner's agent shall comply with the requirements described in Subsection (2).
Utah Code § 57-21-2 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-2
§ 57-21-2. Definitions.
Status: in_force

As used in this chapter: (1) "Affiliate" means the same as that term is defined in Section 16-6a-102. (2) "Aggrieved individual" means an individual who: (a) claims to have been injured by a discriminatory housing practice; or (b) believes that the individual will be injured by a discriminatory housing practice that is about to occur. (3) "Biological sex at birth" means the same as that term is defined in Section 26B-8-101. (4) "Commission" means the Labor Commission. (5) "Complainant" means an aggrieved individual, including the director, who commences a complaint with the division. (6) "Conciliation" means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. (7) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation. (8) "Conciliation conference" means the attempted resolution of an issue raised in a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division which is not subject to Title 63G, Chapter 4, Administrative Procedures Act. (9) "Covered multifamily dwelling" means: (a) a building consisting of four or more dwelling units if the building has one or more elevators; and (b) the ground floor units in other buildings consisting of four or more dwelling units. (10) "Director" means the director of the division or the director's designee. (11) (a) "Disability" means a physical or mental impairment that substantially limits an individual's major life activities, including an individual having a record of such an impairment or being regarded as having such an impairment. (b) "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. Sec. 802. (12) "Discriminate" includes segregate or separate. (13) "Discriminatory housing practice" means an act that is unlawful under this chapter. (14) "Division" means the Division of Antidiscrimination and Labor established under the commission. (15) "Dwelling" means: (a) a building or structure, or a portion of a building or structure, occupied as, designed as, or intended for occupancy as a residence of one or more families; or (b) vacant land that is offered for sale or lease for the construction or location of a dwelling as described in Subsection (15)(a). (16) (a) "Familial status" means one or more individuals who have not attained the age of 18 years old being domiciled with: (i) a parent or another person having legal custody of the one or more individuals; or (ii) the designee of the parent or other person having custody, with the written permission of the parent or other person. (b) "Familial status" includes protections afforded against discrimination of an individual who: (i) is pregnant; (ii) is in the process of securing legal custody of any individual who has not attained the age of 18 years; or (iii) is a single individual. (17) "Gender identity" has the same meaning as provided in the Diagnostic and Statistical Manual (DSM-5) which an individual may show by providing evidence, including: (a) medical history; (b) care or treatment of the gender identity; (c) consistent and uniform assertion of the gender identity; or (d) other evidence that the gender identity is sincerely held, part of the individual's core identity, and asserted for a proper purpose. (18) "National origin" means the place of birth of an individual or of any lineal ancestors. (19) "Presiding officer" has the same meaning as provided in Section 63G-4-103. (20) "Real estate broker or salesperson" means a principal broker, an associate broker, or a sales agent as those terms are defined in Section 61-2f-102. (21) "Respondent" means a person against which a complaint of housing discrimination is initiated. (22) "Sex" means gender and includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth. (23) "Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. (24) "Single-sex housing" means housing accommodations designated for occupancy exclusively by individuals of the same biological sex at birth, where residents share a bedroom or a bathroom. (25) "Source of income" means the verifiable condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements.
Utah Code § 57-12-6 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-6
§ 57-12-6. Buildings, structures, or other improvements.
Status: in_force

(1) Where any interest in real property is acquired, an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which is required to be removed from the real property or which is determined to be adversely affected by the use to which the real property will be put, shall be acquired. (2) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired under Subsection (1), the building, structure, or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove the building, structure, or improvement at the expiration of the tenant's term; and the fair market value which the building, structure, or improvement contributes to the fair market value of the property to be acquired, or the fair market value of the building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor. (3) Payment for the buildings, structures, or improvements as set forth in Subsection (2) shall not result in duplication of any payments otherwise authorized by state law. No payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any payment, the tenant shall assign, transfer, and release all the tenant's right, title and interest in and to the improvements. Nothing with regard to this acquisition of buildings, structures, or other improvements shall be construed to deprive the tenants of any rights to reject payment and to obtain payment for these property interests in accordance with other laws of this state.
Utah Code § 57-8a-103 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-103
§ 57-8a-103. Scope of chapter -- Applicability of chapter.
Status: in_force

(1) Remedies provided in this chapter, by law, or in equity are not mutually exclusive. (2) This chapter applies to an association if: (a) the association's declaration states that this chapter applies; or (b) if the association's declaration does not state whether this chapter or Chapter 8, Condominium Ownership Act, applies to the lot, the plats within the association are not designated as condominium plats. (3) This section applies regardless of when an association is created.
Utah Code § 57-13-2 — Utah Code / Title 57 / Chapter 57-13 / § 57-13-2
§ 57-13-2. Creation of solar easement -- Writing required -- Contents -- Enforcement.
Status: in_force

(1) Any property owner may grant a solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The easements shall be created in writing and shall be filed, duly recorded and indexed in the office of the recorder of the county in which the easement is granted. Such easements shall run with the land or lands benefited and burdened and shall constitute a perpetual easement, except that a solar easement may terminate upon the conditions stated herein. (2) Any deed, will, or other instrument that creates a solar easement shall include, but the contents need not be limited to: (a) a description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement; (b) a description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar easement extends over the real property subject to the solar easement, or any other description which defines the three dimensional space, or the place and times of day in which an obstruction to direct sunlight is prohibited or limited; (c) any terms or conditions under which the solar easement is granted or may be terminated; (d) any provisions for compensation of the owner of the real property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement, or compensation of the owner of the real property subject to the solar easement, or compensation of the owner of the real property subject to the solar easement for maintaining the solar easement; and (e) any other provisions necessary or desirable to execute the instrument. (3) A solar easement may be enforced by injunction or proceedings in injunction or other civil action.
Utah Code § 57-26-115 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-115
§ 57-26-115. Perfection and priority of assignee's security interest in proceeds.
Status: in_force

(1) In this section: (a) "Article 9" means Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions, or, to the extent applicable to any particular issue, Article 9 as adopted by the state whose laws govern that issue under the choice-of-laws rules contained in Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions. (b) "Conflicting interest" means an interest in proceeds, held by a person other than an assignee, that is: (i) a security interest arising under Article 9; or (ii) any other interest if Article 9 resolves the priority conflict between that person and a secured party with a conflicting security interest in the proceeds. (2) An assignee's security interest in identifiable cash proceeds is perfected if its security interest in rents is perfected. An assignee's security interest in identifiable noncash proceeds is perfected only if the assignee perfects that interest in accordance with Article 9. (3) Except as otherwise provided in Subsection (4), priority between an assignee's security interest in identifiable proceeds and a conflicting interest is governed by the priority rules in Article 9. (4) An assignee's perfected security interest in identifiable cash proceeds is subordinate to a conflicting interest that is perfected by control under Article 9 but has priority over a conflicting interest that is perfected other than by control. (5) An assignee's perfected security interest in identifiable cash proceeds is subordinate to a conflicting interest arising under a right of recoupment or setoff.
Utah Code § 57-6-4 — Utah Code / Title 57 / Chapter 57-6 / § 57-6-4
§ 57-6-4. Certain persons considered to hold under color of title.
Status: in_force

(1) A purchaser in good faith at any judicial or tax sale made by the proper person or officer has color of title within the meaning of this chapter, whether or not the person or officer has sufficient authority to sell, unless the want of authority was known to the purchaser at the time of the sale. (2) (a) Any person has color of title who has occupied a tract of real estate by himself, or by those under whom he claims, for the term of five years, or who has occupied it for less time, if he, or those under whom he claims, have at any time during the occupancy with the knowledge or consent, express or implied, of the real owner made any valuable improvements on the real estate, or if he or those under whom he claims have at any time during the occupancy paid the ordinary county taxes on the real estate for any one year, and two years have elapsed without a repayment by the owner, and the occupancy is continued up to the time at which the action is brought by which the recovery of the real estate is obtained. (b) The person's rights shall pass to his assignees or representatives. (3) Nothing in this chapter shall be construed to give tenants color of title against their landlords or give any person a claim under color of title to school and institutional trust lands as defined in Section 53C-1-103.
Utah Code § 57-11-8 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-8
§ 57-11-8. Examination by division on application for registration.
Status: in_force

Upon receipt of an application for registration in proper form, the division shall immediately initiate an examination to determine whether: (1) the requirements of Sections 57-11-6 and 57-11-7 have been satisfied; (2) the subdivider has not, or if a corporation or partnership, its officers, directors, general partners, or persons occupying a similar status or performing similar functions, or other principals as defined by the rules of the division have not been convicted of a crime involving land dispositions or any aspect of the land sales business in this state, the United States, or any other state or foreign country within the past 10 years and has not been subject to any injunction or administrative order entered within the past 10 years restraining a false or misleading promotional plan involving land dispositions; and (3) the public offering statement requirements of this chapter have been satisfied.
Utah Code § 57-8a-105.1 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-105.1
§ 57-8a-105.1. Information required before sale to independent third party.
Status: in_force

(1) Before the sale of a lot under the jurisdiction of an association to an independent third party, the grantor shall provide to the independent third party: (a) a copy of the association's recorded governing documents; and (b) a link or other access point to the educational materials described in Subsection 13-79-103(4). (2) The grantor shall provide the information described in Subsection (1) before closing. (3) The association shall, upon request by the grantor, provide to the grantor the information described in Subsection (1). (4) This section applies to each association, regardless of when the association is formed.
Utah Code § 57-13c-106 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-106
§ 57-13c-106. Expenses of relocation.
Status: in_force

A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of: (1) constructing improvements on the servient estate or dominant estate in accordance with an order under Section 57-13c-105; (2) removing and demolishing any existing improvements on the dominant estate in accordance with an order under Section 57-13c-105; (3) any liability or damages incurred by the easement holder arising out of the relocation of the easement, including environmental investigation, remediation, restoration, or reclamation expenses and any reasonable attorney fees associated with the liability or damages incurred by the easement holder; (4) any cleanup, removal, repair, remediation, detoxification, or restoration required by a public entity; (5) during the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement; (6) obtaining a governmental approval or permit to relocate the easement and construct necessary improvements; (7) preparing and recording the certified copy required by Subsection 57-13c-105(4) and any other document required to be recorded; (8) any title, survey, or site investigation work required to complete the relocation or required by a party to the civil action as a result of the relocation; (9) applicable premiums for title insurance related to the relocation; (10) any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under Subsection 57-13c-105(2)(f); (11) payment of any maintenance cost associated with the relocated easement that is greater than the maintenance cost associated with the easement before relocation; and (12) obtaining any third-party consent required to relocate the easement.
Utah Code § 57-21-12 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-12
§ 57-21-12. Other rights of action.
Status: in_force

(1) In addition to the procedure outlined in Subsection 57-21-9(1), a person aggrieved by a discriminatory housing practice may commence a private civil action in a court of competent jurisdiction within two years after an alleged discriminatory housing practice occurred, within two years after the termination of an alleged discriminatory housing practice, or within two years after a breach of a conciliation agreement. The division shall inform the aggrieved person in writing about this option within 30 days after the aggrieved person files a complaint under Section 57-21-9. (2) (a) Except as provided in Subsection (2)(b), the computation of this two-year time period does not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint filed under this chapter. (b) The tolling of the two-year time period does not apply to actions arising from a breach of a conciliation agreement. (3) An aggrieved person may commence a private civil action even though a complaint has been filed with the division, in which case the division is barred from continuing or commencing any adjudicative proceeding in connection with the same claims under this chapter after: (a) the beginning of a civil action brought by a complainant or aggrieved person; or (b) the parties have reached an agreement in settlement of claims arising from the complaint. (4) An aggrieved person may not file a private civil action under this section if: (a) the division has obtained a conciliation agreement, except for the purpose of enforcing the terms of the conciliation agreement; or (b) a formal adjudicative hearing has been commenced under Section 57-21-10 regarding the same complaint. (5) Upon written application by a person alleging a discriminatory housing practice prohibited under this chapter in a private civil action, or by a person against whom the violations are alleged, the court may: (a) appoint an attorney for the applicant; and (b) authorize the commencement or continuation of a private civil action without the payment of fees, costs, or security if, in the opinion of the court, the applicant is financially unable to bear the costs of the civil action. (6) Upon timely application, the division may intervene in a private civil action brought under this subsection if the division certifies that the case is of general importance. (7) In a private civil action, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may: (a) order the respondent to cease any discriminatory housing practice; (b) award to the plaintiff actual damages, punitive damages, and reasonable attorney fees and costs; and (c) grant, as the court considers appropriate, any permanent or temporary injunction, temporary restraining order, or other order as may be appropriate, including civil penalties under Section 57-21-11. (8) This chapter does not preclude any private right of action by an aggrieved person based on otherwise applicable law not included in this chapter.
Utah Code § 57-1-2 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-2
§ 57-1-2. Words of inheritance not required to pass fee.
Status: in_force

The term "heirs," or other technical words of inheritance or succession, are not requisite to transfer a fee in real estate.
Utah Code § 57-26-114 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-114
§ 57-26-114. Turnover of rents -- Commingling and identifiability of rents -- Liability of assignor.
Status: in_force

(1) In this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. (2) If an assignor collects rents that the assignee is entitled to collect under this chapter: (a) the assignor shall turn over the proceeds to the assignee, less any amount representing payment of expenses authorized by the assignee; and (b) the assignee continues to have a security interest in the proceeds so long as they are identifiable. (3) For purposes of this chapter, cash proceeds are identifiable if they are maintained in a segregated account or, if commingled with other funds, to the extent the assignee can identify them by a method of tracing, including application of equitable principles, that is permitted under law of this state other than this chapter with respect to commingled funds. (4) In addition to any other remedy available to the assignee under law of this state other than this chapter, if an assignor fails to turn over proceeds to the assignee as required by Subsection (2), the assignee may recover from the assignor in a civil action: (a) the proceeds, or an amount equal to the proceeds, that the assignor was obligated to turn over under Subsection (2); and (b) reasonable attorney fees and costs incurred by the assignee to the extent provided for by agreement and not prohibited by law of this state other than this chapter. (5) The assignee may maintain an action under Subsection (4) without bringing an action to foreclose any security interest that it may have in the real property. Any sums recovered in the action must be applied in the manner specified in Section 57-26-112. (6) Unless otherwise agreed, if an assignee entitled to priority under Subsection 57-26-105(3) enforces its interest in rents after another creditor holding a subordinate security interest in rents has enforced its interest under Section 57-26-108 or 57-26-109, the creditor holding the subordinate security interest in rents is not obligated to turn over any proceeds that it collects in good faith before the creditor receives notification that the senior assignee has enforced its interest in rents. The creditor shall turn over to the senior assignee any proceeds that it collects after it receives the notification.
Utah Code § 57-19-4 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-4
§ 57-19-4. Unregistered sales prohibited.
Status: in_force

Except as provided in Section 57-19-26, it is unlawful for a person to offer or sell in this state an interest in a development unless the development is registered under this chapter or the person holds a temporary permit described in Section 57-19-6.
Utah Code § 57-8a-701 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-701
§ 57-8a-701. Solar energy system -- Restriction in declaration or association rule.
Status: in_force

(1) As used in this section, "detached dwelling" means a detached dwelling for which the association does not have an ownership interest in the detached dwelling's roof. (2) (a) No governing document, other than a declaration, may prohibit an owner of a lot with: (i) a detached dwelling from installing a solar energy system; or (ii) a dwelling attached to other dwellings from installing a solar energy system, if: (A) the association does not have an ownership interest in the dwelling's roof or building exterior; (B) the association does not have a maintenance, repair, or replacement obligation in the dwelling's roof or building exterior; and (C) all lot owners with attached dwellings in the building agree to the installation of the solar energy system. (b) Except as provided in Subsection (4), solar energy system restrictions on the owner of a lot described in Subsection (2)(a) shall be by declaration or association rule. (3) (a) An association may not amend the declaration to impose a prohibition on the installation of a solar energy system unless the association approves the prohibition by a vote of at least 67% of the allocated voting interests of the lot owners in the association. (b) An association may amend an existing provision in a declaration that prohibits the installation of a solar energy system on a lot with a detached dwelling if the association approves the amendment by a vote of at least 51% of the allocated voting interests of the lot owners in the association. (4) A declaration or an association rule may require an owner of a dwelling that installs a solar energy system on the owner's lot: (a) install a solar energy system that, or install the solar energy system in a manner that: (i) complies with applicable health, safety, and building requirements established by the state or a political subdivision of the state; (ii) if the solar energy system is used to heat water, is certified by: (A) the Solar Rating and Certification Corporation; or (B) a nationally recognized solar certification entity; (iii) if the solar energy system is used to produce electricity, complies with applicable safety and performance standards established by: (A) the National Electric Code; (B) the Institute of Electrical and Electronics Engineers; (C) Underwriters Laboratories; (D) an accredited electrical testing laboratory; or (E) the state or a political subdivision of the state; (iv) if the solar energy system is mounted on a roof: (A) does not extend above the roof line; or (B) has panel frame, support bracket, or visible piping or wiring that has a color or texture that is similar to the roof material; or (v) if the solar energy system is mounted on the ground, is not visible from the street that a lot fronts; (b) pay any reasonable cost or expense incurred by the association to review an application to install a solar energy system; (c) be responsible, jointly and severally with any subsequent owner of the lot while the violation of the rule or requirement occurs, for any cost or expense incurred by the association to enforce a declaration requirement or association rule; (d) as a condition of installing a solar energy system, to record a deed restriction against the owner's lot that runs with the land that requires the current owner of the lot to indemnify or reimburse the association or a member of the association for any loss or damage caused by the installation, maintenance, or use of the solar energy system, including costs and reasonable attorney fees incurred by the association or a member of the association; or (e) follow restrictions on a solar energy system's size, location, or manner of placement if the restriction: (i) decreases the solar energy system's production by 5% or less than the solar production without the restriction; and (ii) increases the solar energy system's cost of installation by 5% or less than the cost of the installation without the restriction.
Utah Code § 57-28-102 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-102
§ 57-28-102. Definitions.
Status: in_force

(1) "Borrower" means an individual who executes an agreement for a reverse mortgage. (2) "Dwelling" means: (a) a one- to four-family residence in which the borrower occupies at least one unit; (b) a condominium project approved by the United States Department of Housing and Urban Development; or (c) a manufactured home built after June 1976. (3) "Independent housing counselor" means a person who is listed on the United States Department of Housing and Urban Development's Home Equity Conversion Mortgage Counselor Roster described in 24 C.F.R. Part 206. (4) "Lender" means a person who makes a reverse mortgage. (5) "Line of credit payment option" means a loan disbursement plan for a reverse mortgage under which the lender pays the loan proceeds to the borrower at times and in amounts determined by the borrower. (6) "Means-tested program of aid to individuals" means any law or program that relates to payments, allowances, benefits, or services that are provided on a means-tested basis by the state. (7) "Principal residence" means the dwelling: (a) that an individual maintains as the individual's permanent place of abode; and (b) where the individual typically spends the majority of the calendar year. (8) "Reverse mortgage" means a nonrecourse loan that: (a) is secured by the borrower's principal residence; (b) provides cash advances to the borrower based on the borrower's equity in the borrower's principal residence; and (c) does not require payment of principal or interest until: (i) each borrower dies; (ii) the borrower's principal residence is transferred; (iii) the dwelling that secures the loan is no longer the borrower's principal residence; (iv) (A) the borrower fails to occupy the property that secures the loan for more than 12 months because of physical or mental illness; and (B) no other borrower maintains the property as a principal residence; or (v) the borrower defaults. (9) "Tenure payment option" means a loan disbursement plan for a reverse mortgage under which the lender pays the loan proceeds to the borrower in equal monthly installments for as long as the dwelling that secures the reverse mortgage remains the borrower's principal residence. (10) "Term payment option" means a loan disbursement plan for a reverse mortgage under which the lender pays the loan proceeds to the borrower in equal monthly installments for a fixed term that is chosen by the lender.
Utah Code § 57-12-13 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-13
§ 57-12-13. Procedure for acquisition of property.
Status: in_force

(1) (a) As used in this section, "fee simple owner" means the owner of a fee simple interest in real property. (b) "Fee simple owner" does not include a tenant, lienholder, or other claimant of an interest in real property. (2) Any agency acquiring real property as to which it has the power to acquire under the eminent domain or condemnation laws of this state shall comply with the following policies: (a) Every reasonable effort shall be made to acquire expeditiously real property by negotiation with the fee simple owner. (b) Real property shall be appraised before the initiation of negotiations, and the fee simple owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property. (c) (i) Before the initiation of negotiations for real property, an amount shall be established which is reasonably believed to be just compensation therefor, measured by an undivided interest in the real property being acquired, and such amount shall be offered to the fee simple owner for the property. (ii) In no event shall the amount established as described in Subsection (2)(c)(i) be less than the lowest approved appraisal of the fair market value of the property. (iii) Any decrease or increase of the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the fee simple owner, will be disregarded in determining the compensation for the property. (iv) The fee simple owner of the real property to be acquired shall be provided with a written statement of, and summary of the basis for, the amount established as just compensation. (v) Where appropriate the just compensation for real property acquired and for damages to remaining real property shall be separately stated. (vi) If a pole barn is impacted as a result of a real property acquisition under this chapter, the acquiring agency shall: (A) determine whether the fee simple owner would receive greater net proceeds by classifying the pole barn as real property or as personal property; and (B) classify the pole barn in the manner that results in the highest net proceeds to the fee simple owner. (d) No owner shall be required to surrender possession of real property acquired through federal or federally assisted programs before the agreed purchase price is paid or there is deposited with a court having jurisdiction of condemnation of such property, in accordance with applicable law, for the benefit of the owner an amount not less than the lowest approved appraisal of the fair market value of such property or the amount of the award of compensation in the condemnation proceeding of such property. (e) The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation without at least 90 days' written notice from the date by which such move is required. (f) If an owner or tenant is permitted to occupy the real property acquired on a rental basis for a short term or for a period subject to termination on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier. (g) In no event shall the time of condemnation be advanced, on negotiations or condemnation and the deposit of funds in court for the use of the owner be deferred, or any other coercive action be taken to compel an agreement on the price to be paid for the property. (h) If an interest in real property is to be acquired by exercise of the power of eminent domain, formal condemnation proceedings shall be instituted. The acquiring agency shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. (i) If the acquisition of only part of the property would leave the fee simple owner with an uneconomic remnant, an offer to acquire the entire property shall be made.
Utah Code § 57-26-112 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-112
§ 57-26-112. Application of proceeds.
Status: in_force

Unless otherwise agreed, an assignee that collects rents under this chapter or collects upon a judgment in an action under Subsection 57-26-114(4) shall apply the sums collected in the following order to: (1) the assignee's reasonable expenses of enforcing its assignment of rents, including, to the extent provided for by agreement and not prohibited by law of this state other than this chapter, reasonable attorney fees and costs incurred by the assignee; (2) reimbursement of any expenses incurred by the assignee to protect or maintain the real property subject to the assignment; (3) payment of the secured obligation; (4) payment of any obligation secured by a subordinate security interest or other lien on the rents if, before distribution of the proceeds, the assignor and assignee receive a notification from the holder of the interest or lien demanding payment of the proceeds; and (5) the assignor.
Utah Code § 57-2a-6 — Utah Code / Title 57 / Chapter 57-2a / § 57-2a-6
§ 57-2a-6. Form of certificate.
Status: in_force

The form of a certificate of acknowledgment used by a person whose authority is recognized under Section 57-2a-3 shall be accepted if: (1) the certificate is in a form prescribed by the laws or rules of this state; (2) the certificate is in a form prescribed by the laws or regulations applicable in the place where the acknowledgment is taken; or (3) the certificate contains the words "acknowledged before me," or their substantial equivalent.
Utah Code § 57-3-103 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-103
§ 57-3-103. Effect of failure to record.
Status: in_force

Each document not recorded as provided in this title is void as against any subsequent purchaser of the same real property, or any portion of it, if: (1) the subsequent purchaser purchased the property in good faith and for a valuable consideration; and (2) the subsequent purchaser's document is first duly recorded.
Utah Code § 57-1-32 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-32
§ 57-1-32. Sale of trust property by trustee -- Action to recover balance due upon obligation for which trust deed was given as security -- Collection of costs and attorney's fees.
Status: in_force

At any time within three months after any sale of property under a trust deed as provided in Sections 57-1-23, 57-1-24, and 57-1-27, an action may be commenced to recover the balance due upon the obligation for which the trust deed was given as security, and in that action the complaint shall set forth the entire amount of the indebtedness that was secured by the trust deed, the amount for which the property was sold, and the fair market value of the property at the date of sale. Before rendering judgment, the court shall find the fair market value of the property at the date of sale. The court may not render judgment for more than the amount by which the amount of the indebtedness with interest, costs, and expenses of sale, including trustee's and attorney's fees, exceeds the fair market value of the property as of the date of the sale. In any action brought under this section, the prevailing party shall be entitled to collect its costs and reasonable attorney fees incurred.
Utah Code § 57-11-9 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-9
§ 57-11-9. Notice of filing of application for registration -- Division orders of registration or rejection.
Status: in_force

(1) (a) Upon receipt of the application for registration in proper form, the division shall issue a notice of filing to the applicant within five business days of the date of receipt of application. (b) Within 30 days from the date of the notice of filing, or, if no notice of filing is issued within the time required, within 35 days from the date of receipt of the application, the division shall register the subdivided lands or reject the registration. (c) If the division has not entered the rejection within 30 days from the date of notice of filing, the land is considered registered unless the applicant has consented in writing to a delay. (2) (a) After inquiry and examination, if the division affirmatively determines that the requirements of Subsection 57-11-8(1) have been met, it shall register the subdivided lands and shall designate the form of the public offering statement. (b) The division may provide that the public offering statement is not effective until evidence is obtained and made part of the public offering statement that demonstrates that all permits or approvals necessary for the subdivided lands to be put to the use for which they are offered have been granted. (3) (a) After inquiry and examination, if the division determines that any of the requirements of Subsection 57-11-8(1) have not been met, it shall notify the applicant that the application for registration, the promotional plan, or the plan of disposition must be corrected within 15 days or within the time allowed by the division. (b) If the requirements are not met within the time allowed, the division shall enter an order rejecting the registration, giving the reasons for the rejection. (c) Rejection of the registration is not effective for 20 days, during which time the applicant may request a hearing.
Utah Code § 57-9-10 — Utah Code / Title 57 / Chapter 57-9 / § 57-9-10
§ 57-9-10. Extension of limitation period.
Status: in_force

If the forty-year period specified in this act shall have expired prior to two years after the effective date of this act, such period shall be extended two years after the effective date of this act.
Utah Code § 57-1-24 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-24
§ 57-1-24. Sale of trust property by trustee -- Notice of default.
Status: in_force

The power of sale conferred upon the trustee who is qualified under Subsection 57-1-21(1)(a)(i) or (iv) may not be exercised until: (1) the trustee first files for record, in the office of the recorder of each county where the trust property or some part or parcel of the trust property is situated, a notice of default, identifying the trust deed by stating the name of the trustor named in the trust deed and giving the book and page, or the recorder's entry number, where the trust deed is recorded and a legal description of the trust property, and containing a statement that a breach of an obligation for which the trust property was conveyed as security has occurred, and setting forth the nature of that breach and of the trustee's election to sell or cause to be sold the property to satisfy the obligation; (2) not less than three months has elapsed from the time the trustee filed for record under Subsection (1); and (3) after the lapse of at least three months the trustee shall give notice of sale as provided in Sections 57-1-25 and 57-1-26.
Utah Code § 57-8a-302 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-302
§ 57-8a-302. Enforcement of a lien.
Status: in_force

(1) (a) Except as provided in Section 57-8a-105, to enforce a lien established under Section 57-8a-301, an association may: (i) cause a lot to be sold through nonjudicial foreclosure as though the lien were a deed of trust, in the manner provided by: (A) Sections 57-1-24, 57-1-25, 57-1-26, and 57-1-27; and (B) this part; or (ii) foreclose the lien through a judicial foreclosure in the manner provided by: (A) law for the foreclosure of a mortgage; and (B) this part. (b) For purposes of a nonjudicial or judicial foreclosure as provided in Subsection (1)(a): (i) the association is considered to be the beneficiary under a trust deed; and (ii) the lot owner is considered to be the trustor under a trust deed. (2) A lot owner's acceptance of the owner's interest in a lot constitutes a simultaneous conveyance of the lot in trust, with power of sale, to the trustee designated as provided in this section for the purpose of securing payment of all amounts due under the declaration and this chapter. (3) (a) A power of sale and other powers of a trustee under this part and under Sections 57-1-19 through 57-1-34 may not be exercised unless the association appoints a qualified trustee. (b) An association's execution of a substitution of trustee form authorized in Section 57-1-22 is sufficient for appointment of a trustee under Subsection (3)(a). (c) A person may not be a trustee under this part unless the person qualifies as a trustee under Subsection 57-1-21(1)(a)(i) or (iv). (d) A trustee under this part is subject to all duties imposed on a trustee under Sections 57-1-19 through 57-1-34. (4) This part does not prohibit an association from bringing an action against a lot owner to recover an amount for which a lien is created under Section 57-8a-301 or from taking a deed in lieu of foreclosure, if the action is brought or deed taken before the sale or foreclosure of the lot owner's lot under this part.
Utah Code § 57-13c-112 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-112
§ 57-13c-112. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Utah Code § 57-8a-401 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-401
§ 57-8a-401. Definition.
Status: in_force

As used in this part, "reasonably available" means available using typical insurance carriers and markets, irrespective of the ability of the association to pay.
Utah Code § 57-2-16 — Utah Code / Title 57 / Chapter 57-2 / § 57-2-16
§ 57-2-16. Subpoena to subscribing witness.
Status: in_force

Upon the application of any grantee in any conveyance required by law to be recorded, or of any person claiming under such grantee, verified under the oath of the applicant, that any witness to such conveyance residing in the county where such application is made refuses to appear and testify touching the execution thereof, and that such conveyance cannot be proved without the subscribing witness's evidence, any officer authorized to take the acknowledgment or proof of such conveyance may issue a subpoena requiring such witness to appear before such officer and testify touching the execution thereof.
Utah Code § 57-25-111 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-111
§ 57-25-111. Enforcement of environmental covenant.
Status: in_force

(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (a) a party to the covenant; (b) the agency; (c) any person to whom the covenant expressly grants power to enforce; (d) a person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or (e) a municipality or other unit of local government in which the real property subject to the covenant is located. (2) This chapter does not limit the regulatory authority of the agency under law other than this chapter with respect to an environmental response project. (3) A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant. (4) In addition to Subsection (1), an agency may recover its costs for actions which, in its discretion, it may take to enforce or protect the environmental covenant.
Utah Code § 57-1-33.1 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-33.1
§ 57-1-33.1. Reconveyance of a trust deed -- Erroneous reconveyance.
Status: in_force

(1) (a) When an obligation secured by a trust deed has been satisfied, the trustee shall, upon written request by the beneficiary, reconvey the trust property. (b) At the time the beneficiary requests a reconveyance under Subsection (1)(a), the beneficiary shall deliver to the trustee or the trustee's successor in interest the trust deed and the note or other evidence that the obligation securing the trust deed has been satisfied. (2) The reconveyance under Subsection (1) may designate the grantee as "the person or persons entitled thereto." (3) If a reconveyance is erroneously recorded by a beneficiary, the effect of the reconveyance may be nullified and the trust deed reinstated by the recording of a corrective affidavit executed by the then current beneficiary describing the trust deed and setting forth the fact of the erroneous reconveyance. Upon the recording of a corrective affidavit or similar instrument, the trust deed has the same priority as it did prior to the erroneous reconveyance. However, any lien or interest that was recorded or attached to the trust deed property between the time of the recording of the erroneous reconveyance and the recording of the corrective affidavit or similar instrument has priority over the reinstated trust deed, unless the lien or interest was recorded or attached with actual knowledge that the trust deed had been reconveyed erroneously.
Utah Code § 57-28-206 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-206
§ 57-28-206. Disbursement.
Status: in_force

(1) Subject to Subsection (2) and except as provided in Subsection (3), a lender shall pay the loan proceeds of a reverse mortgage under a term payment option, a tenure payment option, or a line of credit payment option. (2) Under a term payment option or a tenure payment option, upon a borrower's request, the lender shall disburse a portion of the loan proceeds under a line of credit payment option. (3) If a reverse mortgage is a fixed interest rate loan, the lender may pay the loan proceeds in a lump sum.
Utah Code § 57-26-111 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-111
§ 57-26-111. Effect of enforcement.
Status: in_force

The enforcement of an assignment of rents by one or more of the methods identified in Sections 57-26-107, 57-26-108, and 57-26-109, the application of proceeds by the assignee under Section 57-26-112 after enforcement, the payment of expenses under Section 57-26-113, or an action under Subsection 57-26-114(4) does not: (1) make the assignee a purchaser in possession of the real property; (2) make the assignee an agent of the assignor; (3) constitute an election of remedies that precludes a later action to enforce the secured obligation; (4) make the secured obligation unenforceable; (5) limit any right available to the assignee with respect to the secured obligation; (6) limit, waive, or bar any foreclosure or power of sale remedy under the security instrument; (7) violate Section 78B-6-901; or (8) bar a deficiency judgment pursuant to any law of this state governing or relating to deficiency judgments following the enforcement of any encumbrance, lien, or security interest.
Utah Code § 57-8-13.10 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-13.10
§ 57-8-13.10. Condominiums containing convertible land -- Expandable condominiums -- Allocation of interests in common areas and facilities.
Status: in_force

(1) If a condominium project contains any convertible land or is an expandable condominium, then the declaration may not allocate undivided interests in the common areas and facilities on the basis of par value unless the declaration: (a) prohibits the creation of any units not substantially identical to the units depicted on the condominium plat recorded pursuant to Subsection 57-8-13(1); or (b) prohibits the creation of any units not described under Subsection 57-8-10(3)(a)(vii) in the case of convertible land, Subsection 57-8-10(4)(a)(xii) in the case of additional land, and contains from the outset a statement of the par value that shall be assigned to every unit that may be created. (2) (a) Interests in the common areas and facilities may not be allocated to any units to be created within any convertible land or within any additional land until a condominium plat depicting the same is recorded pursuant to Subsection 57-8-13(2). (b) Simultaneously with the recording of the supplemental condominium plat required under Subsection (2)(a), the declarant shall execute and record an amendment to the declaration which reallocates undivided interests in the common areas and facilities so that the units depicted on the supplemental condominium plat shall be allocated undivided interests in the common areas and facilities on the same basis as the units depicted on the condominium plat that was recorded simultaneously with the declaration pursuant to Subsection 57-8-13(1). (3) If all of a convertible space is converted into common areas and facilities, including limited common areas and facilities, then the undivided interest in the common areas and facilities appertaining to the convertible space shall afterward appertain to the remaining units and shall be allocated among them in proportion to their undivided interests in the common areas and facilities. The principal officer of the unit owners' association or of the management committee, or any other officer specified in the declaration, shall immediately prepare, execute, and record an amendment to the declaration reflecting the reallocation of undivided interest produced by the conversion. (4) (a) If the expiration or termination of any lease of a leasehold condominium causes a contraction of the condominium project which reduces the number of units, or if the withdrawal of withdrawable land of a contractible condominium causes a contraction of the condominium project which reduces the number of units, the undivided interest in the common areas and facilities appertaining to any units so withdrawn shall afterward appertain to the remaining units, being allocated among them in proportion to their undivided interests in the common areas and facilities. (b) The principal officer of the unit owners' association or of the management committee, or any other officer specified in the declaration shall immediately prepare, execute, and record an amendment to the declaration, reflecting the reallocation of undivided interests produced by the reduction of units.
Utah Code § 57-25-101 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-101
§ 57-25-101. Title -- Scope.
Status: in_force

(1) This chapter is known as the "Uniform Environmental Covenants Act." (2) (a) This chapter applies to an environmental covenant created on or after May 1, 2006. (b) Title 19, Chapter 10, Environmental Institutional Control Act, applies to an environmental covenant created before May 1, 2006. (3) For the purposes of this chapter and Title 19, Chapter 10, Environmental Institutional Control Act, an environmental institutional control, as defined in Section 19-10-102, is considered an environmental covenant.
Utah Code § 57-28-208 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-208
§ 57-28-208. Federally insured reverse mortgages.
Status: in_force

When a lender makes a reverse mortgage that is federally insured by the United States Department of Housing and Urban Development, the lender satisfies the requirements described in Sections 57-28-202 through 57-28-206 if the lender complies with the federal requirements described in 12 U.S.C. Sec. 1715z-20 and 24 C.F.R. Part 206.
Utah Code § 57-13c-101 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-101
§ 57-13c-101. Definitions.
Status: in_force

As used in this chapter: (1) "Appurtenant easement" means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. (2) "Common-interest community" means: (a) an association of unit owners, as defined in Section 57-8-3; (b) an association, as defined in Section 57-8a-102; or (c) a cooperative, as defined in Section 57-23-2. (3) "Conservation easement" means a nonpossessory property interest created for one or more of the following conservation purposes: (a) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property; (b) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses; (c) protecting natural resources, including wetlands, grasslands, and riparian areas; (d) maintaining or enhancing air or water quality; (e) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property; or (f) any other purpose under Chapter 18, Land Conservation Easement Act. (4) "Dominant estate" means an estate or interest in real property benefitted by an appurtenant easement. (5) "Easement" means a nonpossessory property interest that: (a) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and (b) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. (6) "Easement holder" means: (a) in the case of an appurtenant easement, the dominant estate owner; or (b) in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor. (7) "Easement in gross" means an easement not tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. (8) "Highway" means the same as that term is defined in Section 72-1-102. (9) "Lessee of record" means a person holding a lessee's interest under a recorded lease or memorandum of lease. (10) "Negative easement" means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate. (11) "Person" means an individual, an estate, a business or a nonprofit entity, a public corporation, a government or governmental subdivision, an agency, or an instrumentality, or other legal entity. (12) "Public entity" means: (a) the United States; (b) an agency of the United States; (c) the state; (d) a political subdivision of the state; or (e) an agency of the state or a political subdivision of the state. (13) "Public-entity easement" means a nonpossessory property interest in which the easement holder is a public entity. (14) "Public utility" means the same as that term is defined in Section 54-2-1. (15) (a) "Public-utility easement" means a nonpossessory property interest, including an easement, a right of way, a grant, a permit, a license, or a similar right, that has been granted to: (i) a public utility; (ii) a publicly regulated utility or a publicly owned utility under federal law or the laws of this state or a municipality; (iii) an interstate utility regulated by the Federal Energy Regulatory Commission; or (iv) a utility cooperative. (b) "Public-utility easement" includes: (i) an easement benefitting an intrastate utility, an interstate utility, or a utility cooperative; (ii) a protected utility easement as defined in Section 54-3-27; and (iii) a public utility easement as defined in Section 54-3-27. (16) "Public transit facility" means the same as that term is defined in Section 72-1-102. (17) (a) "Real property" means an estate or interest in, over, or under land, including structures, fixtures, and other things that by custom, usage, or law pass with a conveyance of land whether or not described or mentioned in the contract of sale or instrument of conveyance. (b) "Real property" includes: (i) the interest of a lessor and lessee; and (ii) an interest in a common-interest community, unless the interest is personal property under Chapter 23, Real Estate Cooperative Marketing Act. (18) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (19) (a) "Security instrument" means a mortgage, a deed of trust, a security deed, a contract for deed, a lease, or other record that creates or provides for an interest in real property to secure payment or performance of an obligation, whether by acquisition or retention of a lien, a lessor's interest under a lease, or title to the real property. (b) "Security instrument" includes: (i) a security instrument that also creates or provides for a security interest in personal property; (ii) a modification or amendment of a security instrument; and (iii) a record creating a lien on real property to secure an obligation under a covenant running with the real property or owed by a unit owner in a common-interest community. (20) "Security-interest holder of record" means a person holding an interest in real property created by a recorded security instrument. (21) "Servient estate" means an estate or interest in real property that is burdened by an easement. (22) "Title evidence" means a title insurance policy, a preliminary title report or binder, a title insurance commitment, an abstract of title, an attorney's opinion of title based on examination of public records or an abstract of title, or any other means of reporting the state of title to real property that is customary in the locality. (23) "Unit" means a physical portion of a common-interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common-interest community. (24) (a) "Utility cooperative" means a non-profit entity whose purpose is to deliver a utility service, such as electricity, oil, natural gas, water, sanitary sewer, storm water, or telecommunications, to the non-profit entity's customers or members. (b) "Utility cooperative" includes an electric cooperative, a rural electric cooperative, a rural water district, and a rural water association. (25) "Water-conveyance easement" means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage, culinary or industrial water, or a federal water project facility.