Utah Code § 57-8a-227 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-227
§ 57-8a-227. Records -- Availability for examination.
Status: in_force

(1) (a) Subject to Subsection (1)(b) and regardless of whether the association is incorporated under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, an association shall keep and make available to lot owners: (i) each record identified in Subsections 16-6a-1601(1) through (5), in the manner described in Sections 16-6a-1601, 16-6a-1602, 16-6a-1603, 16-6a-1605, 16-6a-1606, and 16-6a-1610; and (ii) a copy of the association's: (A) governing documents; (B) most recent approved minutes; (C) most recent annual budget and financial statement; (D) most recent reserve analysis; (E) certificate of insurance for each insurance policy the association holds; (F) board meeting minutes from the previous three calendar years; (G) profit and loss statement for the previous three fiscal years; and (H) balance sheet for the previous three fiscal years. (b) An association may redact the following information from any document the association produces for inspection or copying: (i) a Social Security number; (ii) a bank account number; or (iii) any communication subject to attorney-client privilege. (c) The following are considered property of the association: (i) a record or document described in Subsection (1)(a)(i) or (ii); and (ii) the funds contained in an account described in Section 57-8a-230. (d) If a person other than the association has control over or possession of a record described in Subsection (1)(a)(i) or (ii), the person shall, upon the association's request, provide the record to the association without charge. (2) (a) In addition to the requirements described in Subsection (1), an association shall: (i) make documents available to lot owners in accordance with the association's governing documents; and (ii) (A) if the association has an active website, make the documents described in Subsections (1)(a)(ii)(A) through (C) available to lot owners, free of charge, through the website; or (B) if the association does not have an active website, make physical copies of the documents described in Subsections (1)(a)(ii)(A) through (C) available to lot owners during regular business hours at the association's address registered with the Department of Commerce under Section 57-8a-105. (b) Subsection (2)(a)(ii) does not apply to an association as defined in Section 57-19-2. (c) If a provision of an association's governing documents conflicts with a provision of this section, the provision of this section governs. (3) In a written request to inspect or copy documents: (a) a lot owner shall include: (i) the association's name; (ii) the lot owner's name; (iii) the lot owner's property address; (iv) the lot owner's email address; (v) a description of the documents requested; and (vi) any election or request described in Subsection (3)(b); and (b) a lot owner may: (i) elect whether to inspect or copy the documents; (ii) if the lot owner elects to copy the documents, request hard copies or electronic scans of the documents; or (iii) subject to Subsection (4), request that: (A) the association make the copies or electronic scans of the requested documents; (B) a recognized third party duplicating service make the copies or electronic scans of the requested documents; (C) the lot owner be allowed to bring any necessary imaging equipment to the place of inspection and make copies or electronic scans of the documents while inspecting the documents; or (D) the association email the requested documents to an email address provided in the request. (4) (a) An association shall comply with a request described in Subsection (3) within 10 business days after the day on which the association receives the request. (b) If an association produces the copies or electronic scans: (i) the copies or electronic scans shall be legible and accurate; (ii) the lot owner shall pay the association the reasonable cost of the copies and for time spent meeting with the lot owner, which may not exceed: (A) the actual cost that the association paid to a recognized third party duplicating service to make the copies or electronic scans; or (B) 10 cents per page and $20 per hour for the employee's, manager's, or other agent's time; and (iii) the association may not charge the lot owner for any costs associated with fulfilling a request for electronic transmission of the documents described in Subsection (3). (c) If a lot owner requests a recognized third party duplicating service make the copies or electronic scans: (i) the association shall arrange for the delivery and pick up of the original documents; and (ii) the lot owner shall pay the duplicating service directly. (d) If a lot owner requests to bring imaging equipment to the inspection, the association shall provide the necessary space, light, and power for the imaging equipment. (e) An association may fulfill the request described in Subsection (3) by posting the documents described in Subsection (3) to the association's website or online owner portal. (5) Subject to Subsection (9), if, in response to a lot owner's request to inspect or copy documents, an association fails to comply with a provision of this section, the association shall pay: (a) the reasonable costs of inspecting and copying the requested documents; (b) for items described in Subsections (1)(a)(ii)(A) through (C), $25 to the lot owner who made the request for each day the request continues unfulfilled, beginning the eleventh business day after the day on which the lot owner made the request; and (c) reasonable attorney fees and costs incurred by the lot owner in obtaining the inspection and copies of the requested documents. (6) (a) In addition to any remedy in the association's governing documents or otherwise provided by law, a lot owner may file an action in court against the association under this section if: (i) subject to Subsection (9), an association fails to make documents available to the lot owner in accordance with this section, the association's governing documents, or as otherwise provided by law; and (ii) the association fails to timely comply with a notice described in Subsection (6)(d). (b) In an action described in Subsection (6)(a): (i) the lot owner may request: (A) injunctive relief requiring the association to comply with the provisions of this section; (B) $1,000 or actual damages, whichever is greater; or (C) any other relief provided by law; and (ii) the court may award costs and reasonable attorney fees to the prevailing party, including any reasonable attorney fees incurred before the action was filed that relate to the request that is the subject of the action. (c) (i) In an action described in Subsection (6)(a), upon motion by the lot owner made in accordance with Subsection (6)(b), notice to the association, and a hearing in which the court finds a likelihood that the association failed to comply with a provision of this section, the court shall order the association to immediately comply with the provision. (ii) The court shall hold a hearing described in Subsection (6)(c)(i) within 30 days after the day on which the lot owner files the motion. (d) At least 10 days before the day on which a lot owner files an action described in Subsection (6)(a), the lot owner shall deliver a written notice to the association that states: (i) the lot owner's name, address, telephone number, and email address; (ii) each requirement of this section with which the association has failed to comply; (iii) a demand that the association comply with each requirement with which the association has failed to comply; and (iv) a date by which the association shall remedy the association's noncompliance that is at least 10 days after the day on which the lot owner delivers the notice to the association. (7) (a) The provisions of Section 16-6a-1604 do not apply to an association. (b) The provisions of this section apply regardless of any conflicting provision in Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act. (8) A lot owner's agent may, on the lot owner's behalf, exercise or assert any right that the lot owner has under this section. (9) An association is not liable for identifying or providing a document in error, if the association identified or provided the erroneous document in good faith.
Utah Code § 57-9-1 — Utah Code / Title 57 / Chapter 57-9 / § 57-9-1
§ 57-9-1. What constitutes marketable record title.
Status: in_force

Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for 40 years or more, shall be deemed to have a marketable record title to such interest as defined in Section 57-9-8, subject only to the matters stated in Section 57-9-2. A person shall be deemed to have such an unbroken chain of title when the official public records disclose a conveyance or other title transaction, of record not less than 40 years at the time the marketability is to be determined, which said conveyance or other title transaction purports to create such interest, either in (1) the person claiming such interest or (2) some other person from whom, by one or more conveyances or other title transactions of record, such purported interest has become vested in the person claiming such interest: with nothing appearing of record, in either case, purporting to divest such claimant of such purported interest.
Utah Code § 57-19-26 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-26
§ 57-19-26. Exemptions.
Status: in_force

(1) Unless entered into for the purpose of evading the provisions of this chapter, the following transactions are exempt from registration: (a) an isolated transaction by an owner of an interest in a development or by a person holding the owner's executed power of attorney; (b) an offer or sale by a governmental entity; and (c) a resale of an interest that is: (i) acquired: (A) by the developer who initially registered the development or by the managing association of the development; and (B) through a foreclosure, quitclaim deed, deed in lieu of foreclosure, or equivalent means; (ii) not offered as part of a development that includes one or more interests that are unregistered or have been registered by a different developer or as part of a different development; and (iii) closed after the developer or managing association provides a purchaser the disclosures required by Section 57-19-11 and the right to rescind required by Section 57-19-12. (2) After a resale by a developer or managing association that is claimed to be exempt under Subsection (1)(c), the division retains jurisdiction to: (a) investigate a complaint regarding the resale; and (b) if applicable, take an administrative action against the developer or managing association on the basis of unprofessional conduct, as described in Section 57-19-13. (3) (a) The director may, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, or by order, exempt any person from any requirement of this chapter if the director finds that the offering of an interest in a development is essentially noncommercial. (b) The offering of an interest in a development that has 10 or fewer interests is considered essentially noncommercial. (c) A person who does not meet the requirements described in Subsection (3)(b), but believes that a proposed offering of more than 10 interests in a development is essentially noncommercial, may request an order of exemption from the director. (d) To request an order of exemption under this section, a person shall submit to the director a request for agency action in accordance with Section 63G-4-201.
Utah Code § 57-1-21.5 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-21.5
§ 57-1-21.5. Trustees of trust deeds -- Duties -- Prohibited conduct -- Penalties.
Status: in_force

(1) Until a beneficiary under a trust deed or the beneficiary's agent provides a trustee of the trust deed written instructions directing the trustee to exercise powers under this chapter, the trustee has no duty or obligation to the beneficiary or to the agent of a beneficiary. (2) Except as provided in Subsection (3), the following duties of a trustee may not be delegated: (a) a preparation and execution of: (i) a notice of default and election to sell; (ii) a cancellation of notice of default and election to sell; (iii) a notice of sale; and (iv) a trustee's deed; (b) the notification of foreclosure through publication, posting, and certified or registered mail; (c) the receiving and responding to requests for reinstatement or payoff requirements; and (d) the handling of reinstatement or payoff funds. (3) Nothing in this section is intended to prevent: (a) a trustee from using clerical or office staff: (i) that is under the trustee's direct and immediate supervision; and (ii) to assist in the duties described in Subsection (2); (b) a trustee from using the services of others for publication, posting, marketing, or advertising the sale; or (c) a beneficiary of a trust deed or the servicing agent of the beneficiary from directly performing the functions described in Subsection (2)(c) or (d). (4) The amendments in Laws of Utah 2002, Chapter 209, to Subsection (3) do not apply to a foreclosure if the notice of default related to the foreclosure was filed before May 6, 2002. (5) (a) Except as provided in Subsection (5)(c), a trustee may not solicit or receive any fee for referring business to a third party. (b) A fee prohibited under Subsection (5)(a) includes: (i) a commission; (ii) a referral based fee, including a fee for the referral of: (A) title work; (B) posting services; or (C) publishing services; or (iii) a fee similar to a fee described in Subsection (5)(b)(i) or (ii). (c) Subsection (5)(a) does not apply to: (i) a fee received by a trustee for the trustee acting as co-legal counsel, if the trustee is otherwise permitted by law to receive fees as co-legal counsel; or (ii) a nonpreferred participation in net profits based upon an ownership interest or franchise relationship that is not otherwise prohibited by law. (6) A trustee may not require the following to pay any costs that exceed the actual costs incurred by the trustee: (a) a trustor reinstating or paying off a loan; or (b) a beneficiary acquiring property through foreclosure. (7) (a) A person that violates Subsection (5) or (6) is guilty of a class B misdemeanor. (b) In addition to a person's liability under Subsection (7)(a), if a person violates Subsection (5) or (6), the person is liable to the trustor for an amount equal to the greater of: (i) the actual damages of the trustor as a result of the violation; or (ii) $1,000. (c) In an action brought under Subsection (7)(b), the party that does not prevail in the action that is brought under Subsection (7)(b) shall pay the attorney fees of the prevailing party.
Utah Code § 57-8-46 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-46
§ 57-8-46. Notice of nonjudicial foreclosure -- Limitations on nonjudicial foreclosure.
Status: in_force

(1) At least 30 calendar days before the day on which an association of unit owners initiates a nonjudicial foreclosure by filing for record a notice of default in accordance with Section 57-1-24, the association of unit owners shall deliver notice to the owner of the unit that is the intended subject of the nonjudicial foreclosure. (2) The notice under Subsection (1): (a) shall: (i) notify the unit owner that the association of unit owners intends to pursue nonjudicial foreclosure with respect to the owner's unit to enforce the association of unit owners' lien for an unpaid assessment; (ii) notify the unit owner of the owner's right to demand judicial foreclosure in the place of nonjudicial foreclosure; (iii) be in substantially the following form:"NOTICE OF NONJUDICIAL FORECLOSURE AND RIGHT TO DEMAND JUDICIAL FORECLOSUREThe (insert the name of the association of unit owners), the association for the project in which your unit is located, intends to foreclose upon your unit and allocated interest in the common areas and facilities for delinquent assessments using a procedure that will not require it to file a lawsuit or involve a court. This procedure is governed by Utah Code, Sections 57-8-46 and 57-8-47, and is being followed in order to enforce the association's lien against your unit and to collect the amount of an unpaid assessment against your unit, together with any applicable late fees and the costs, including attorney fees, associated with the foreclosure proceeding. This procedure cannot and will not be used to foreclose upon your unit for delinquent fines for a violation of the association of unit owners' governing documents. Alternatively, you have the right to demand that a foreclosure of your property for delinquent assessments be conducted in a lawsuit with the oversight of a judge. If you make this demand, the association of unit owners may also include a claim for delinquent fines for a violation of the association of unit owners' governing documents. Additionally, if you make this demand and the association prevails in the lawsuit, the costs and attorney fees associated with the lawsuit will likely be significantly higher than if a lawsuit were not required, and you may be responsible for paying those costs and attorney fees. If you want to make this demand, you must state in writing that 'I demand a judicial foreclosure proceeding upon my unit,' or words substantially to that effect. You must send this written demand by first class and certified U.S. mail, return receipt requested, within 30 days after the day on which this notice was delivered to you. The address to which you must mail your demand is (insert the address of the association of unit owners for receipt of a demand)."; and (iv) be sent to the unit owner by certified mail, return receipt requested; and (b) may be included with other association correspondence to the unit owner. (3) An association of unit owners may not use a nonjudicial foreclosure to enforce a lien if: (a) the association of unit owners fails to provide notice in accordance with Subsection (1); (b) the unit owner mails the association of unit owners a written demand for judicial foreclosure: (i) by U.S. mail, certified with a return receipt requested; (ii) to the address stated in the association of unit owners' notice under Subsection (1); and (iii) within 30 days after the day on which the return receipt described in Subsection (2)(a)(iv) shows the association of unit owners' notice under Subsection (1) is delivered; (c) the lien includes a fine described in Subsection 57-8-44(1)(a)(iii); or (d) unless the lien is on a time share estate as defined in Section 57-19-2, the lien does not include an assessment described in Subsection 57-8-44(1)(a)(i) that is delinquent more than 180 days after the day on which the assessment is due.
Utah Code § 57-1-14 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-14
§ 57-1-14. Form of mortgage -- Effect.
Status: in_force

A mortgage of land may be substantially in the following form:MORTGAGE____ (here insert name), mortgagor, of ____ (insert place of residence), hereby mortgages to ____ (insert name), mortgagee, of ____ (insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises).This mortgage is given to secure the following indebtedness (here state amount and form of indebtedness, maturity, rate of interest, by and to whom payable, and where).The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of ____ dollars attorney fee in case of foreclosure.Witness the hand of said mortgagor this __________(month\day\year).A mortgage when executed as required by law shall have the effect of a conveyance of the land therein described, together with all the rights, privileges and appurtenances thereunto belonging, to the mortgagee, the mortgagee's heirs, assigns, and legal representatives, as security for the payment of the indebtedness thereon set forth, with covenants from the mortgagor of general warranty of title, and that all taxes and assessments levied and assessed upon the land described, during the continuance of the mortgage, will be paid previous to the day appointed for the sale of such lands for taxes; and may be foreclosed as provided by law upon any default being made in any of the conditions thereof as to payment of either principal, interest, taxes, or assessments.
Utah Code § 57-13a-101 — Utah Code / Title 57 / Chapter 57-13a / § 57-13a-101
§ 57-13a-101. Definitions.
Status: in_force

As used in this chapter: (1) "Water conveyance" means a canal, ditch, pipeline, or other means of conveying water. (2) "Water user" means a water user or the water user's predecessor whose water being conveyed is represented by a water right recognized under state law or by shares in a mutual irrigation company.
Utah Code § 57-1-31 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-31
§ 57-1-31. Trust deeds -- Default in performance of obligations secured -- Reinstatement -- Cancellation of recorded notice of default.
Status: in_force

(1) (a) Whenever all or a portion of the principal sum of any obligation secured by a trust deed has, prior to the maturity date fixed in the obligation, become due or been declared due by reason of a breach or default in the performance of any obligation secured by the trust deed, including a default in the payment of interest or of any installment of principal, or by reason of failure of the trustor to pay, in accordance with the terms of the trust deed, taxes, assessments, premiums for insurance, or advances made by the beneficiary in accordance with terms of the obligation or of the trust deed, the trustor or the trustor's successor in interest in the trust property or any part of the trust property or any other person having a subordinate lien or encumbrance of record on the trust property or any beneficiary under a subordinate trust deed, at any time within three months of the filing for record of notice of default under the trust deed, if the power of sale is to be exercised, may pay to the beneficiary or the beneficiary's successor in interest the entire amount then due under the terms of the trust deed (including costs and expenses actually incurred in enforcing the terms of the obligation, or trust deed, and the trustee's and attorney's fees actually incurred) other than that portion of the principal as would not then be due had no default occurred, and thereby cure the existing default. (b) After the beneficiary or beneficiary's successor in interest has been paid and the default cured, the obligation and trust deed shall be reinstated as if no acceleration had occurred. (2) (a) If the default is cured and the trust deed reinstated in the manner provided in Subsection (1), and a reasonable fee is paid for cancellation, including the cost of recording the cancellation of notice of default, the trustee shall: (i) execute, acknowledge, and deliver a cancellation of the recorded notice of default under the trust deed; and (ii) mail, by certified or registered mail, return receipt requested, with postage prepaid, within 20 days, a copy of the recorded cancellation of notice of default to each person entitled to receive a copy of a notice of default and a copy of a notice of sale under Subsection 57-1-26(3). (b) A trustee who refuses to execute and record this cancellation within 30 days is liable to the person curing the default for all actual damages resulting from this refusal. (c) A reconveyance given by the trustee or the execution of a trustee's deed constitutes a cancellation of a notice of default. (d) Otherwise, a cancellation of a recorded notice of default under a trust deed is, when acknowledged, entitled to be recorded and is sufficient if made and executed by the trustee in substantially the following form:Cancellation of Notice of DefaultThe undersigned hereby cancels the notice of default filed for record __________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County, (or filed of record __________(month\day\year), with recorder's entry No. ____, ____ County), Utah, which notice of default refers to the trust deed executed by ____ and ___________ as trustors, in which ____ is named as beneficiary and ____ as trustee, and filed for record __________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County, (or filed of record __________(month\day\year), with recorder's entry No. ____, ____ County), Utah.(legal description)Signature of Trustee ______________________________________________________
Utah Code § 57-8-14 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-14
§ 57-8-14. Legal description of units.
Status: in_force

(1) A deed, lease, mortgage, or other instrument may legally describe a unit by its identifying number or symbol as designated in the declaration or as shown on the condominium plat. (2) Each description under Subsection (1) shall be considered: (a) to be good and sufficient for all purposes; and (b) to convey, transfer, encumber or otherwise affect the unit owner's corresponding percentage of ownership in the common or community areas and facilities even though the percentage of ownership is not expressly mentioned or described.
Utah Code § 57-1-26 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-26
§ 57-1-26. Requests for copies of notice of default and notice of sale -- Mailing by trustee or beneficiary -- Publication of notice of default -- Notice to parties of trust deed.
Status: in_force

(1) (a) Any person desiring a copy of any notice of default and of any notice of sale under any trust deed shall file for record a duly acknowledged request for a copy of any notice of default and notice of sale: (i) in the office of the county recorder of any county in which the trust property or any part of the trust property is situated; and (ii) at any time: (A) subsequent to the filing for record of the trust deed; and (B) prior to the filing for record of a notice of default. (b) Except as provided in Subsection (3), the request described in Subsection (1)(a) may not be included in any other recorded instrument. (c) The request described in Subsection (1)(a) shall: (i) set forth the name and address of the one or more persons requesting copies of the notice of default and the notice of sale; and (ii) identify the trust deed by stating: (A) the names of the original parties to the trust deed; (B) the date of filing for record of the trust deed; (C) (I) the book and page where the trust deed is recorded; or (II) the recorder's entry number; and (D) the legal description of the trust property. (d) The request described in Subsection (1)(a) shall be in substantially the following form:"REQUEST FOR NOTICEThe undersigned requests that a copy of any notice of default and a copy of notice of sale under the trust deed filed for record __________(month\day\year), and recorded in Book ____, Page ____, Records of ____ County, (or filed for record __________(month\day\year), with recorder's entry number ____, _______ County), Utah, executed by ____ and _________________ as trustors, in which ____ is named as beneficiary and ____ as trustee, be mailed to ____ (insert name) ____ at ____ (insert address) __________.(Insert legal description)Signature ____________________(Certificate of Acknowledgement)" (e) If a request for a copy of a notice of default and notice of sale is filed for record under this section, the recorder shall index the request in: (i) the mortgagor's index; (ii) mortgagee's index; and (iii) abstract record. (f) Except as provided in Subsection (3), the trustee under any deed of trust is not required to send notice of default or notice of sale to any person not filing a request for notice as described in this Subsection (1). (2) (a) Not later than 10 days after the day on which a notice of default is recorded, the trustee or beneficiary shall mail a signed copy of the notice of default: (i) by certified or registered mail, return receipt requested, with postage prepaid; (ii) with the recording date shown; (iii) addressed to each person whose name and address are set forth in a request that has been recorded prior to the filing for record of the notice of default; and (iv) directed to the address designated in the request. (b) At least 20 days before the date of sale, the trustee shall mail a signed copy of the notice of the time and place of sale: (i) by certified or registered mail, return receipt requested, with postage prepaid; (ii) addressed to each person whose name and address are set forth in a request that has been recorded prior to the filing for record of the notice of default; and (iii) directed to the address designated in the request. (3) (a) Any trust deed may contain a request that a copy of any notice of default and a copy of any notice of sale under the trust deed be mailed to any person who is a party to the trust deed at the address of the person set forth in the trust deed. (b) A copy of any notice of default and of any notice of sale shall be mailed to any person requesting the notice who is a party to the trust deed at the same time and in the same manner required in Subsection (2) as though a separate request had been filed by each person as provided in Subsection (1) except that a trustee shall include with a signed copy of a notice of default and the signed copy of a notice of sale the following information current as of the time the notice of default and the notice of sale is provided: (i) the name of the trustee; (ii) the mailing address of the trustee; (iii) if the trustee maintains a bona fide office in the state meeting the requirements of Subsection 57-1-21(1)(b), the address of a bona fide office of the trustee meeting the requirements of Subsection 57-1-21(1)(b); (iv) the hours during which the trustee can be contacted regarding the notice of default and notice of sale, which hours shall include the period during regular business hours in a regular business day; and (v) a telephone number that the person may use to contact the trustee during the hours described in Subsection (3)(b)(iv). (4) If no address of the trustor is set forth in the trust deed and if no request for notice by the trustor has been recorded as provided in this section, no later than 15 days after the filing for record of the notice of default, a copy of the notice of default shall be: (a) mailed to the address of the property described in the notice of default; or (b) posted on the property. (5) The following shall not affect the title to trust property or be considered notice to any person that any person requesting copies of notice of default or of notice of sale has or claims any right, title or interest in, or lien or claim upon, the trust property: (a) a request for a copy of any notice filed for record under Subsection (1) or (3); (b) any statement or allegation in any request described in Subsection (5)(a); or (c) any record of a request described in Subsection (5)(a).
Utah Code § 57-8-13.6 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-13.6
§ 57-8-13.6. Expansion of project.
Status: in_force

A condominium project may be expanded under the provisions of the declaration and of this act. Any such expansion shall be deemed to have occurred at the time of the recordation of the condominium plat under Subsection 57-8-13(2), together with an amendment to the declaration, duly executed and acknowledged by the declarant, including, without limitation, all of the owners and lessees of the additional land added to the condominium project. The amendment shall contain a legal description by metes and bounds of the land added to the condominium project and shall reallocate undivided interests in the common areas and facilities in accordance with Subsection 57-8-13.10(2).
Utah Code § 57-19-8 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-8
§ 57-19-8. Filing proposed documents.
Status: in_force

(1) Every developer shall file with the director at least five business days before using any of the following in this state: (a) the proposed form of the developer's sales contracts; and (b) a copy or the text of any supplements to the written disclosure required under Section 57-19-11. (2) If the text, rather than a copy, of the materials described in Subsection (1) is filed, the developer shall file the copy, including an electronic version, of the materials with the director within five business days after the day on which the materials are first used. (3) A developer shall notify the division within five business days if the developer is convicted in any court of a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions, or has been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions. (4) A developer shall notify the division within five business days if the developer files a petition in bankruptcy or if any other event occurs that could result in a material adverse effect on the development. (5) (a) If any suit by or against a developer results in a court finding that the developer engaged in fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in a real estate transaction, the developer shall promptly give the division a copy of the final order, settlement agreement, consent agreement, or other document evidencing resolution of the case at the trial level, whether or not an appeal is anticipated. (b) A developer's failure to comply with Subsection (5)(a) may, in the discretion of the division, constitute grounds for the division withholding any approval under this chapter.
Utah Code § 57-13c-109 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-109
§ 57-13c-109. Limited effect on relocation.
Status: in_force

(1) Relocation of an easement under this chapter: (a) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate; (b) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under a law other than this chapter; (c) is not a breach or default of a lease, except as otherwise determined by a court under a law other than this chapter; (d) is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under a law other than this chapter; (e) does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and (f) is not a fraudulent conveyance or voidable transaction under law. (2) This chapter does not affect any other method of relocating an easement permitted under a law of this state other than this chapter.
Utah Code § 57-9-5 — Utah Code / Title 57 / Chapter 57-9 / § 57-9-5
§ 57-9-5. Notice of claim of interest -- Contents -- Filing for record.
Status: in_force

In order to be effective and to be recorded, the notice required by Section 57-9-4 shall contain a legal description of all land affected by the notice. If the claim is founded upon a recorded instrument, then the description in the notice may be the same as that contained in the recorded instrument. The notice shall be recorded in the county or counties where the land described is situated.
Utah Code § 57-1-45 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-45
§ 57-1-45. Boundary establishments -- Establishment documents -- Effect.
Status: in_force

(1) A boundary establishment shall: (a) be finalized by recording an establishment document, as defined in Sections 10-20-102 and 17-79-102; and (b) comply with this section. (2) An establishment document shall include: (a) the name and signature of each party to the establishment document; (b) the address of each party to the establishment document for assessment purposes; (c) a statement describing the ambiguity, uncertainty, or dispute being resolved with the boundary establishment; (d) a statement that the adjoining property owners agree on the established boundary location described in the establishment document; (e) a current legal description of each parcel or lot that is subject to the established boundary; (f) a new legal description of the established boundary; (g) (i) if the property owners have conducted a survey, a reference to a record of the survey map, as defined in Section 17-73-504, showing information necessary to identify the established boundary that may include: (A) existing dwellings, outbuildings, improvements, and other physical features; (B) existing easements, rights-of-way, conditions, or restrictions recorded or apparent; (C) the location of the agreed boundary; and (D) an explanation in the survey narrative of the reason for the boundary establishment; or (ii) if the parcels or lots are unimproved, or if the property owners have otherwise not conducted a survey, an attached visual or graphic depicting a representation of the location of the established boundary relative to physical objects marking the established boundary; (h) if any of the property that is the subject of the establishment document is located in a recorded subdivision, an acknowledgment that each party to the agreement has been notified of the potential requirement of a subdivision plat amendment; and (i) a sufficient acknowledgment for each party's signature. (3) An establishment document described in Subsection (2) may not be used to create a new parcel or new lot. (4) Property owners who agree to a boundary establishment shall treat the established boundary as the common boundary, as demonstrated by: (a) actual possession by each owner of the owner's property up to the common boundary, as visibly marked by monuments, fences, buildings, or other physical improvements; or (b) each owner cultivating or controlling the owner's property up to the visibly marked common boundary. (5) (a) Before recording an establishment document, a county recorder shall confirm that the establishment document and any accompanying exhibit is presented in a legible and recordable format. (b) Upon receipt of an establishment document that is not in a legible and recordable format, the county recorder shall provide the person submitting the establishment document with an explanation of corrections necessary to record the establishment document. (6) (a) An establishment document is effective on the day it is recorded. (b) A recorded establishment document creates a boundary establishment. (c) If a judgment made by a court that establishes the location of a disputed boundary is recorded in the county title record: (i) the judgment is considered an establishment document; and (ii) the recording of the judgment creates a boundary establishment. (7) Once recorded, an establishment document described in Subsection (2): (a) does not affect any previously recorded easement; (b) establishes the location of the common boundary between the adjoining properties; (c) conveys the ownership of the adjoining parties to the agreed boundary; and (d) shall be indexed by a county recorder in the title record against each property affected by the established boundary. (8) The recording of an establishment document does not constitute a land use approval by a municipality or a county. (9) A municipality or a county may enforce a municipal or county ordinance against, or withhold approval of a land use application for, property that is subject to a boundary establishment if the municipality or the county determines that the established boundary was not in compliance with the municipality's or the county's land use regulations in effect on the day on which the boundary establishment was recorded.
Utah Code § 57-25-106 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-106
§ 57-25-106. Relationship to other land use law.
Status: in_force

(1) This chapter does not authorize a use of real property that is otherwise prohibited by: (a) a zoning law; (b) law other than this chapter regulating use of real property; or (c) a recorded instrument that has priority over the environmental covenant. (2) An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter.
Utah Code § 57-26-101 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-101
§ 57-26-101. Title.
Status: in_force

This chapter is known as the "Utah Uniform Assignment of Rents Act."
Utah Code § 57-21-6 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-6
§ 57-21-6. Discriminatory housing practices regarding residential real estate-related transactions -- Discriminatory housing practices regarding the provisions of brokerage services.
Status: in_force

(1) (a) It is a discriminatory housing practice for a person whose business includes engaging in residential real estate-related transactions to discriminate against a person in making available a residential real estate-related transaction, or in the terms or conditions of the residential real estate-related transaction, because of race, color, religion, sex, disability, familial status, source of income, national origin, sexual orientation, or gender identity. (b) Residential real estate-related transactions include: (i) making or purchasing loans or providing other financial assistance: (A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or (B) secured by residential real estate; or (ii) selling, brokering, or appraising residential real property. (2) It is a discriminatory housing practice to, because of race, color, religion, sex, disability, familial status, source of income, national origin, sexual orientation, or gender identity: (a) deny a person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or (b) discriminate against a person in the terms or conditions of access, membership, or participation in the organization, service, or facility. (3) This section also applies to a discriminatory housing practice because of race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity based upon a person's association with another person.
Utah Code § 57-13c-113 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-113
§ 57-13c-113. Transitional provision.
Status: in_force

This chapter applies to an easement created before, on, or after May 4, 2022.
Utah Code § 57-19-12 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-12
§ 57-19-12. Purchaser's right to cancel.
Status: in_force

(1) (a) An agreement to purchase an interest in a development may be cancelled, at the option of the purchaser, if: (i) the purchaser delivers a written notice of cancellation to the developer at the developer's business address by: (A) hand; or (B) certified mail, return receipt requested, or a delivery service that provides proof of delivery; and (ii) the notice is delivered or postmarked not later than midnight of the fifth business day after the day on which the agreement is signed. (b) In computing the number of business days for purposes of this section, the day on which the agreement was signed is not included. (c) Within 30 days after the day on which the developer receives a timely notice of cancellation, the developer shall refund any money or other consideration paid by the purchaser. (2) Every agreement to purchase an interest in a development that is subject to this chapter shall include the following statement in at least 10-point bold upper-case type, immediately preceding the space for the purchaser's signature:"PURCHASER'S RIGHT TO CANCEL: YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY CANCELLATION FEE OR OTHER PENALTY BY HAND DELIVERING OR SENDING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR A DELIVERY SERVICE THAT PROVIDES PROOF OF DELIVERY, WRITTEN NOTICE OF CANCELLATION TO: (NAME AND ADDRESS OF DEVELOPER). THE NOTICE MUST BE DELIVERED OR POSTMARKED BY MIDNIGHT OF THE FIFTH BUSINESS DAY FOLLOWING THE DAY ON WHICH THE AGREEMENT IS SIGNED. IN COMPUTING THE NUMBER OF BUSINESS DAYS, THE DAY ON WHICH THE CONTRACT IS SIGNED IS NOT INCLUDED."
Utah Code § 57-19-2 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-2
§ 57-19-2. Definitions.
Status: in_force

As used in this chapter: (1) "Accommodation" means: (a) a hotel or motel room; (b) a condominium or cooperative unit; (c) a cabin; (d) a lodge; (e) an apartment; or (f) a private or commercial structure designed for overnight occupancy by one or more individuals. (2) "Advertisement" means a written, printed, oral, audio, electronic, or visual offer that: (a) is made by direct or general solicitation to one or more individuals; and (b) (i) contains an offer to sell an interest; or (ii) contains a solicitation to visit or obtain additional information about a development. (3) "Amendment" means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. (4) "Association" means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. (5) "Business day" means a day other than a Saturday, Sunday, or state or federal holiday. (6) "Camping site" means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. (7) "Camp resort" means an enterprise that has as its primary purpose the offering of a camp resort interest. (8) "Camp resort interest" means the right to use and occupy a camping site. (9) "Consolidation" means the registration of one or more additional sites or interests in a development after the division approves the development's registration. (10) "Developer" means a person that: (a) establishes, owns, offers, sells, or operates a timeshare development or camp resort; or (b) engages one or more other persons to establish, own, offer, sell, or operate a timeshare development or camp resort on the person's behalf. (11) (a) "Development" means an enterprise with the primary purpose of offering an interest in a camp resort or timeshare development. (b) "Development" includes: (i) a single-site development; or (ii) a multiple-site development. (12) "Director" means the director of the division. (13) "Direct sales presentation" means an in-person, telephonic, or Internet-based communication that presents an offer to purchase an interest in a development to one or more prospective purchasers. (14) "Division" means the Division of Real Estate of the Department of Commerce. (15) "Executive director" means the executive director of the Department of Commerce. (16) (a) "Interest" means a right that a purchaser receives in exchange for consideration to use and occupy a camping site or an accommodation in a development: (i) on a recurring basis; and (ii) for a period of time that is less than one year during any given year, regardless of whether the time is determined in advance. (b) "Interest" includes a membership agreement, sale, lease, deed, license, or right-to-use agreement. (17) "Offer" means a solicitation solely intended to result in a person purchasing an interest in a development. (18) "Property report" means the form of a written disclosure described in Section 57-19-11. (19) "Purchaser" means a person who purchases an interest in a development. (20) "Registration" means: (a) for a development, an approved application for registration described in Section 57-19-5; or (b) for a salesperson, an approved application for registration described in Section 57-19-15. (21) "Renewal" or "renew" means extending a development's or a salesperson's registration for an additional period on or before the registration's expiration date. (22) (a) "Sale" or "sell" means selling an interest in a development for value. (b) "Sale" or "sell" does not include charging a reasonable fee to offset the administrative costs of transferring an interest in a development. (23) (a) "Salesperson" means an individual who, for compensation and as agent for another, is engaged in obtaining commitments of persons to purchase an interest in a development by making direct sales presentations to those persons. (b) "Salesperson" does not include a purchaser or an owner of a timeshare interest engaged in the referral of persons without making a direct sales presentation. (24) (a) "Site" means a geographic location where one or more camping sites or accommodations are located. (b) "Site" includes a geographic location where one or more camping sites or accommodations are located that is constructed in phases and is under common management. (25) "Timeshare development" means an enterprise with the primary purpose of offering a timeshare interest, including an interest that gives the purchaser the right to use and occupy an accommodation at a single- or multiple-site development. (26) "Timeshare estate" means a small, undivided fractional fee interest in real property by which the purchaser does not receive any right to use an accommodation except as provided by contract, declaration, or other instrument defining a legal right. (27) (a) "Timeshare interest" means a right to occupy fixed or variable accommodations during three or more separate fixed or variable time periods over a period of at least three years, including renewal options, whether or not coupled with an estate in land. (b) "Timeshare interest" includes a timeshare estate.
Utah Code § 57-29-103 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-103
§ 57-29-103. Applicability.
Status: in_force

This chapter does not apply to property that is subject to Title 57, Chapter 19, Timeshare and Camp Resort Act.
Utah Code § 57-8-13.4 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-13.4
§ 57-8-13.4. Conversion of convertible space -- Amendment to declaration -- Limitations.
Status: in_force

(1) The declarant may convert any portion of any convertible space into one or more units or common areas and facilities, including, without limitation, limited common areas and facilities, subject to any restrictions and limitations which the declaration may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of the appropriate instruments under Subsection (2) of this section and Subsection 57-8-13(3). (2) Simultaneously with the recording of the supplemental record survey map under Subsection 57-8-13(3), the declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. The amendment shall assign an identifying number to each unit formed out of a convertible space and shall allocate to each unit a portion of the undivided interest in the common areas and facilities appertaining to that space. The amendment shall describe or delineate the limited common areas and facilities formed out of the convertible space, showing or designating the unit or units to which each is assigned. (3) Any convertible space not converted in accordance with this section, or any portion of it not so converted, shall be treated for all purposes as a single unit until and unless it is so converted; and this act shall be deemed applicable to any such space, or portion of it, as though the same were a unit.
Utah Code § 57-13c-102 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-102
§ 57-13c-102. Scope -- Exclusions.
Status: in_force

(1) Except as otherwise provided in Subsection (2), this chapter applies to an easement established: (a) by express grant or reservation; or (b) by prescription, implication, necessity, estoppel, or other method. (2) This chapter may not be used to relocate: (a) a conservation easement, a negative easement, a public-entity easement, a public-utility easement, or a water-conveyance easement; (b) an easement held by a mine operator and used in connection with a vested mining use that is recorded in accordance with Section 17-41-501; (c) any easement associated in any way with a highway or a public transit facility; or (d) an easement if the proposed location would: (i) encroach on an area of an estate burdened by a conservation easement, a public-entity easement, a public-utility easement, a water-conveyance easement, a highway, or a public transit facility; or (ii) interfere with the use or enjoyment of: (A) a public-entity easement, a public-utility easement, or a water-conveyance easement; or (B) an easement appurtenant to a conservation easement, a highway, or a public transit facility. (3) This chapter does not apply to relocation of an easement by consent.
Utah Code § 57-18-5 — Utah Code / Title 57 / Chapter 57-18 / § 57-18-5
§ 57-18-5. Termination.
Status: in_force

A conservation easement may be terminated, in whole or in part, by release, abandonment, merger, nonrenewal, conditions set forth in the instrument creating the conservation easement, or in any other lawful manner in which easements may be terminated.
Utah Code § 57-25-102 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-102
§ 57-25-102. Definitions.
Status: in_force

As used in this chapter: (1) "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property. (2) "Agency" means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. (3) "Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. (4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations. (5) "Environmental response project" means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted: (a) under a federal or state program governing environmental remediation of real property, including under Title 19, Environmental Quality Code; (b) incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or (c) under the state voluntary clean-up program authorized in Title 19, Chapter 8, Voluntary Cleanup Program. (6) "Holder" means the grantee of an environmental covenant as specified in Subsection 57-25-103(1). (7) "Jurisdiction" 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. (8) "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.
Utah Code § 57-9-8 — Utah Code / Title 57 / Chapter 57-9 / § 57-9-8
§ 57-9-8. Definitions.
Status: in_force

As used in this act: (1) The words "marketable record title" mean a title of record as indicated in Section 57-9-1, which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in Section 57-9-3. (2) The word "records" includes probate and other official public records, as well as records in the registry of deeds. (3) The word "recording," when applied to the official public records of a probate or other court, includes filing. (4) The words "person dealing with land" include a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon. (5) The words "root of title" mean that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by such person, upon which such person relies as a basis for the marketability of that person's title, and which was the most recent to be recorded as of a date 40 years prior to the time when marketability is being determined. The effective date of the "root of title" is the date on which it is recorded. (6) The words "title transaction" mean any transaction affecting title to any interest in land, including title by will or descent, title by tax deed, or by trustee's, referee's, guardian's, executor's, administrator's, master in chancery's, or sheriff's deed, or decree of any court, as well as warranty deed, quitclaim deed, or mortgage.
Utah Code § 57-2-17 — Utah Code / Title 57 / Chapter 57-2 / § 57-2-17
§ 57-2-17. Disobedience of subpoenaed witness -- Contempt -- Proof aliunde.
Status: in_force

Every person who, being served with a subpoena, shall without reasonable cause refuse or neglect to appear, or, appearing, shall refuse to answer upon oath touching the matters aforesaid, shall be liable to the party injured for such damages as may be sustained by the injured party on account of such neglect or refusal, and may also be dealt with for contempt as provided by law; but no person shall be required to attend who resides out of the county in which the proof is to be taken, nor unless the subscribing witness's reasonable expenses shall have first been tendered to the subscribing witness; provided, that if it shall appear to the satisfaction of the officer so authorized to take such acknowledgment that such subscribing witness purposely hides, or keeps out of the way, so that the subscribing witness cannot be served with a subpoena or taken on attachment after the use of due diligence to that end, or in case of the subscribing witness's continued failure or refusal to testify for the space of one hour after the subscribing witness's appearance shall have been compelled by process, then said conveyance or other instrument may be proved and admitted to record in the same manner as if such subscribing witness thereto were dead.
Utah Code § 57-1-22.1 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-22.1
§ 57-1-22.1. Effect on trustee of a legal action involving a trust.
Status: in_force

(1) A party in a legal action that involves a trust deed is not required to join the trustee as a party in the action unless the legal action pertains to a breach of the trustee's obligations under this chapter or under the trust deed. (2) A trustee of a trust deed is required to act pursuant to a court order against the trust deed beneficiary to the extent the order requires an action that the trustee is authorized to take under this chapter or under the trust deed. (3) If a party in a legal action that involves a trust deed joins the trustee in an action that does not pertain to the trustee's obligations under this chapter or under the trust deed, the court shall dismiss the action against the trustee and award the trustee reasonable attorney fees arising from the trustee being joined in the legal action.
Utah Code § 57-17-5 — Utah Code / Title 57 / Chapter 57-17 / § 57-17-5
§ 57-17-5. Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.
Status: in_force

(1) If an owner or the owner's agent fails to comply with the requirements described in Subsection 57-17-3(5), the renter may: (a) recover from the owner: (i) if the owner or the owner's agent failed to timely return the balance of the renter's deposit, the full deposit; (ii) if the owner or the owner's agent failed to timely return the balance of the renter's prepaid rent, the full amount of the prepaid rent; and (iii) a civil penalty of $100; and (b) file an action to enforce compliance with the provisions of this section. (2) In an action under Subsection (1)(b), the court shall award costs and attorney fees to the prevailing party if the court determines that the opposing party acted in bad faith. (3) A renter is not entitled to relief under this section if the renter fails to serve a notice in accordance with Subsection 57-17-3(3). (4) This section does not preclude an owner or a renter from recovering other damages to which the owner or the renter is entitled.
Utah Code § 57-8a-210 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-210
§ 57-8a-210. Lender approval -- Declaration amendments and association action.
Status: in_force

(1) If a security holder's consent is a condition for amending a declaration or bylaw, or for an action of the association, then, subject to Subsection (4), the security holder's consent is presumed if: (a) written notice of the proposed amendment or action is sent by certified or registered mail to the security holder's address listed for receiving notice in the recorded trust deed or other recorded document evidencing the security interest; (b) 60 days have passed after the day on which notice was mailed; and (c) the person designated for receipt of the response in the notice has not received a written response from the security holder either consenting to or refusing to accept the amendment or action. (2) The provisions of Subsection (1) shall apply to: (a) an association formed before and after May 12, 2009; and (b) documents created and recorded before and after May 12, 2009. (3) If, under Subsection (1), a security holder's address for receiving notice is not provided in the recorded documents evidencing the security interest, the association: (a) shall use reasonable efforts to find a mailing address for the security holder; and (b) may send the notice to any address obtained under Subsection (3)(a). (4) If a security holder responds in writing within 60 days after the day on which a notice is mailed under Subsection (1), indicating that the security interest has been assigned or conveyed to another person, without any recorded document evidencing such a conveyance, the association: (a) may not presume the security holder's consent under Subsection (1); and (b) shall send a notice in accordance with Subsection (1) to the person assigned or conveyed the security interest. (5) The association shall: (a) send a notice as described in Subsection (4)(b) to the person assigned or conveyed the interest at an address provided by the security holder under Subsection (4); or (b) if no address is provided, shall use reasonable efforts to find a mailing address for, and send notice to, the person assigned or conveyed the interest.
Utah Code § 57-16-16 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-16
§ 57-16-16. Mobile home park residents' associations.
Status: in_force

(1) As used in this section: (a) "Park operator" means an owner, operator, or manager of a mobile home park, including an employee, agent, or independent contractor of the owner, operator, or manager. (b) "Primary resident association" means, for a mobile home park with more than one resident association, the resident association that has more members than any other resident association within the mobile home park. (c) "Resident association" means an organization of mobile home park residents organized to address their common interests and concerns related to the mobile home park. (d) "Resident entity" means a noncommercial entity that: (i) advocates for residents of the mobile home park; or (ii) addresses issues relating to mobile home parks that affect or are of concern to residents of the mobile home park. (2) (a) Residents in a mobile home park may: (i) form a resident association; and (ii) participate in a regional, state, or national resident association or advocacy group. (b) A resident association may limit membership in a resident association to owners of manufactured homes within a mobile home park if the purpose of the resident association is to purchase some or all of the mobile home park. (c) (i) There may be more than one resident association for a mobile home park. (ii) A park operator is not required to acknowledge any resident association other than the primary resident association. (3) At a meeting at which a majority of members are present, resident association members may: (a) elect officers of the resident association; and (b) adopt bylaws of the resident association. (4) (a) Except in an emergency, a resident association shall provide seven days' notice of a resident association meeting to all residents of the mobile home park. (b) A resident of a mobile home park may attend a meeting of a resident association, whether or not the resident is a member of the resident association. (5) (a) An officer or member of a resident association may not be held personally responsible or liable for an act or omission of the resident association or of another officer or member of the resident association. (b) Subsection (5)(a) may not be construed to limit the liability of an individual who is an officer or member of a resident association for the individual's act or omission. (6) A park operator may not: (a) be a member of a resident association; (b) attend a meeting of the resident association unless given a written invitation to the meeting by an officer of the resident association; (c) unlawfully interfere with the resident association's operation; (d) interfere with a resident's right to contact a state or local health department, a municipality, or other group to complain about the health and safety conditions of the mobile home park; or (e) harass or threaten a resident association. (7) A resident association may not: (a) impose fees, dues, or assessments, upon its members unless a majority of the members agree to the imposition of fees, dues, or assessments; or (b) harass or threaten a park operator. (8) A park operator shall permit meetings by a resident association located within the park relating to manufactured home living or social or educational purposes, including forums for or speeches by public officials or candidates for public office. (9) Except for reasonable time, place, and manner limitations, a park operator may not prohibit or adopt a rule prohibiting a mobile home park resident or a resident entity from exercising within the mobile home park the right of free expression for noncommercial purposes, including peacefully organizing, assembling, canvassing, petitioning, leafleting, or distributing written, noncommercial material within the mobile home park. (10) (a) A resident association may schedule with the park operator the use of the mobile home park's common facilities, if any, free of charge. (b) A resident association is responsible for any damage to the mobile home park's common facilities caused by a member of the resident association or a guest or invitee while the resident association uses a common facility. (c) A park operator may reasonably limit the frequency of a resident association's use of a common facility if the limitation allows use at least once per week. (d) A park operator may not: (i) charge a resident or resident association a security deposit to use a common facility of the mobile home park that exceeds the amount normally and uniformly charged as a security deposit for use of the common facility; or (ii) except as provided in Subsection (10)(e), require a resident or resident association to obtain liability insurance in order to use a common facility. (e) A park operator may require liability insurance if: (i) the rules of the mobile home park permit the consumption of alcoholic beverages in a common facility; and (ii) alcoholic beverages are to be served at a meeting or private function of the resident association in the common facility. (11) (a) A park operator may not alter or refuse to renew an existing rental agreement, change a rule of the mobile home park, enforce a mobile home park rule in an unreasonable or nonuniform way, bring or threaten to bring an eviction action or other civil action, or take any other action in retaliation based primarily on a resident: (i) expressing an intention to complain or having complained to a governmental agency about a matter relating to the mobile home park; (ii) making a complaint in good faith to the park operator; (iii) filing or expressing an intention to file a lawsuit or administrative action against the park operator; or (iv) testifying in a judicial or administrative proceeding or before a public body. (b) Subsection (11)(a) does not limit a defense available under the law to a resident in an eviction action. (12) This section may not be construed to prohibit a park operator from: (a) evicting a tenant as provided in other provisions of this chapter; or (b) exercising other rights the park operator has under applicable law.
Utah Code § 57-8-44 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-44
§ 57-8-44. Lien in favor of association of unit owners for assessments and costs of collection.
Status: in_force

(1) (a) Except as provided in Section 57-8-13.1, an association of unit owners has a lien on a unit for: (i) an assessment; (ii) except as provided in the declaration, fees, charges, and costs associated with collecting an unpaid assessment, including: (A) court costs and reasonable attorney fees; (B) late charges; (C) interest; and (D) any other amount that the association of unit owners is entitled to recover under the declaration, this chapter, or an administrative or judicial decision; and (iii) a fine that the association of unit owners imposes against a unit owner in accordance with Section 57-8-37, if: (A) the time for appeal described in Subsection 57-8-37(5) has expired and the unit owner did not file an appeal; or (B) the unit owner timely filed an appeal under Subsection 57-8-37(5) and a court issued a final order upholding a fine imposed under Subsection 57-8-37(1). (b) The recording of a declaration constitutes record notice and perfection of a lien described in Subsection (1)(a). (2) If an assessment is payable in installments, a lien described in Subsection (1)(a)(i) is for the full amount of the assessment from the time the first installment is due, unless the association of unit owners otherwise provides in a notice of assessment. (3) An unpaid assessment or fine accrues interest at the rate provided: (a) in Subsection 15-1-1(2); or (b) in the governing documents, if the governing documents provide for a different interest rate. (4) A lien under this section has priority over each other lien and encumbrance on a unit except: (a) a lien or encumbrance recorded before the declaration is recorded; (b) a first or second security interest on the unit secured by a mortgage or deed of trust that is recorded before a recorded notice of lien by or on behalf of the association of unit owners; or (c) a lien for real estate taxes or other governmental assessments or charges against the unit. (5) A lien under this section is not subject to Title 78B, Chapter 5, Part 5, Utah Exemptions Act. (6) Unless the declaration provides otherwise, if two or more associations of unit owners have liens for assessments on the same unit, the liens have equal priority, regardless of when the liens are created.
Utah Code § 57-2-11 — Utah Code / Title 57 / Chapter 57-2 / § 57-2-11
§ 57-2-11. Witness must be known or identified.
Status: in_force

No proof by a subscribing witness shall be taken unless such witness shall be personally known to the officer taking the proof to be the person whose name is subscribed to the conveyance as a witness thereto, or shall be proved to be such by the oath or affirmation of a credible witness personally known to such officer.
Utah Code § 57-8-10.3 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-10.3
§ 57-8-10.3. Indemnification and limit of liability.
Status: in_force

Notwithstanding any conflict with the declaration or recorded bylaws, the organizational documents of an association of unit owners may indemnify and limit management committee member and officer liability to the extent permitted by the law under which the association of unit owners is organized.
Utah Code § 57-19-22 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-22
§ 57-19-22. Violation a misdemeanor.
Status: in_force

Any person who willfully violates any provision of this chapter is guilty of a class B misdemeanor.
Utah Code § 57-8-54 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-54
§ 57-8-54. Statement from manager or management committee of unpaid assessment.
Status: in_force

(1) A manager or management committee shall issue a written statement indicating any unpaid assessment with respect to a unit owner's unit upon: (a) a written request by the unit owner; and (b) payment of a reasonable fee not to exceed $25. (2) A written statement under Subsection (1) is conclusive in favor of a person who relies on the written statement in good faith.
Utah Code § 57-8a-215 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-215
§ 57-8a-215. Budget.
Status: in_force

(1) At least once annually the board shall prepare and adopt a budget for the association. (2) The board shall present the adopted budget to association members at a meeting of the members. (3) A budget is disapproved if within 45 days after the date of the meeting under Subsection (2) at which the board presents the adopted budget: (a) there is a vote of disapproval by at least 51% of all the allocated voting interests of the lot owners in the association; and (b) the vote is taken at a special meeting called for that purpose by lot owners under the declaration, articles, or bylaws. (4) If a budget is disapproved under Subsection (3) or not adopted under Subsection (1), then the budget that the board last adopted continues as the budget until the board prepares and adopts a new budget for the association.
Utah Code § 57-1-42 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-42
§ 57-1-42. Liability of title insurer or title agent.
Status: in_force

A title insurer or title agent purporting to act under the provisions of Section 57-1-40 who reconveys a trust deed or releases a mortgage is liable to the beneficiary or mortgagee for the damages suffered as a result of the reconveyance if: (1) the obligation secured by the trust deed or mortgage: (a) has not been fully paid; or (b) has not been partially paid in an amount agreed to by the beneficiary, mortgagee, or servicer as sufficient to release the mortgage or reconvey the trust deed; and (2) (a) the title insurer or title agent failed to comply with the provisions of Sections 57-1-40 and 57-1-41; or (b) the title insurer or title agent acted with gross negligence or in bad faith in reconveying the trust deed.
Utah Code § 57-1-1 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-1
§ 57-1-1. Definitions.
Status: in_force

As used in this title: (1) "Certified copy" means a duplicate of a document: (a) certified by the document's custodian to be a true and correct copy of the document; or (b) maintained under the authority of the United States, the state, a political subdivision of the state, another state, a court of record, a foreign government, or an Indian tribe. (2) "Document" means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. (3) "Indian tribe" means the same as that term is defined in Section 9-9-101. (4) "Person" means an individual, corporation, business trust, estate, trust, public entity, or any other legal or commercial entity. (5) "Public entity" means: (a) the United States, including an agency of the United States; (b) the state, including an agency or department of the state; (c) a political subdivision, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity; or (d) an Indian tribe. (6) "Public entity affidavit" means a notarized affidavit: (a) signed by an authorized employee or officer of a public entity; and (b) evidencing consent to a conveyance of real property by deed to the public entity. (7) "Real property" or "real estate" means any right, title, estate, or interest in land, including: (a) all nonextracted minerals located in, on, or under the land; (b) all buildings, fixtures and improvements on the land; and (c) all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. (8) "Stigmatized" means: (a) the site or suspected site of a homicide, other felony, or suicide; (b) the dwelling place of an individual infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Department of Health and Human Services, created in Section 26B-1-201, determines cannot be transferred by occupancy of a dwelling place; or (c) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act.
Utah Code § 57-27-202 — Utah Code / Title 57 / Chapter 57-27 / § 57-27-202
§ 57-27-202. Real estate professional not liable.
Status: in_force

A real estate professional is not liable for an owner or lessor of real property making, or failing to make, a disclosure required by Section 57-27-201, unless the real estate professional is also the owner or lessor of the real property.
Utah Code § 57-23-2 — Utah Code / Title 57 / Chapter 57-23 / § 57-23-2
§ 57-23-2. Definitions.
Status: in_force

As used in this chapter: (1) "Cooperative" means a form of coownership of real estate in which: (a) the fee interest in the real estate is held by a corporation, partnership, trust, or other legal entity; (b) an individual's interest in the cooperative is evidenced in a form such as stock, participation shares, membership certificates, or similar instrument; and (c) the participating individual's right of occupancy is demonstrated by a proprietary lease or similar instrument. (2) "Division" means the Division of Real Estate of the Department of Commerce.
Utah Code § 57-8-45 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-45
§ 57-8-45. Enforcement of a lien.
Status: in_force

(1) (a) Except as provided in Section 57-8-13.1, to enforce a lien established under Section 57-8-44, an association of unit owners may: (i) cause a unit 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 chapter; 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 chapter. (b) For purposes of a nonjudicial or judicial foreclosure as provided in Subsection (1)(a): (i) the association of unit owners is considered to be the beneficiary under a trust deed; and (ii) the unit owner is considered to be the trustor under a trust deed. (2) A unit owner's acceptance of the owner's interest in a unit constitutes a simultaneous conveyance of the unit 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 of unit owners appoints a qualified trustee. (b) An association of unit owners' 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 chapter does not prohibit an association of unit owners from bringing an action against a unit owner to recover an amount for which a lien is created under Section 57-8-44 or from taking a deed in lieu of foreclosure, if the action is brought or deed taken before the sale or foreclosure of the unit owner's unit under this chapter.
Utah Code § 57-8a-407 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-407
§ 57-8a-407. Damage to a portion of project -- Insurance proceeds.
Status: in_force

(1) (a) If a portion of the project for which insurance is required under this part is damaged or destroyed, the association shall repair or replace the portion within a reasonable amount of time unless: (i) the project is terminated; (ii) repair or replacement would be illegal under a state statute or local ordinance governing health or safety; or (iii) (A) at least 75% of the allocated voting interests of the lot owners in the association vote not to rebuild; and (B) each owner of a dwelling on a lot and the limited common area appurtenant to that lot that will not be rebuilt votes not to rebuild. (b) If a portion of a project is not repaired or replaced because the project is terminated, the termination provisions of applicable law and the governing documents apply. (2) (a) The cost of repair or replacement of any lot in excess of insurance proceeds and reserves is a common expense to the extent the association is required under this chapter to provide insurance coverage for the lot. (b) The cost of repair or replacement of any common area in excess of insurance proceeds and reserves is a common expense. (3) If the entire project is damaged or destroyed and not repaired or replaced: (a) the association shall use the insurance proceeds attributable to the damaged common areas to restore the damaged area to a condition compatible with the remainder of the project; (b) the association shall distribute the insurance proceeds attributable to lots and common areas that are not rebuilt to: (i) the lot owners of the lots that are not rebuilt; (ii) the lot owners of the lots to which those common areas that are not rebuilt were allocated; or (iii) lien holders; and (c) the association shall distribute the remainder of the proceeds to all the lot owners or lien holders in proportion to the common expense liabilities of all the lots. (4) If the lot owners vote not to rebuild a lot: (a) the lot's allocated interests are automatically reallocated upon the lot owner's vote as if the lot had been condemned; and (b) the association shall prepare, execute, and submit for recording an amendment to the declaration reflecting the reallocations described in Subsection (4)(a).
Utah Code § 57-1-13 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-13
§ 57-1-13. Form of quitclaim deed.
Status: in_force

A conveyance of land may also be substantially in the following form:"QUITCLAIM DEED____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims to ____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises).Witness the hand of said grantor this __________(month\day\year).A quitclaim deed when executed as required by law shall have the effect of a conveyance of all right, title, interest, and estate of the grantor in and to the premises therein described and all rights, privileges, and appurtenances thereunto belonging, at the date of the conveyance."
Utah Code § 57-8a-212.5 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-212.5
§ 57-8a-212.5. Compliance with governing documents.
Status: in_force

Subject to reasonable compliance therewith by the board, each lot owner shall reasonably comply with the governing documents, as the governing documents may be lawfully amended from time to time, and failure to comply shall be ground for an action to recover sums due for damages or injunctive relief or both, maintainable by the board on behalf of the lot owners, or in a proper case, by an aggrieved lot owner.
Utah Code § 57-19-11 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-11
§ 57-19-11. Disclosure required.
Status: in_force

(1) Except as provided in Section 57-19-26, any person who sells or offers to sell an interest in a development located in this state, or who sells or offers to sell in this state an interest in a development located outside of this state, shall provide to a prospective purchaser, before the prospective purchaser signs an agreement to purchase an interest in the development or gives any item of value for the purchase of an interest in the development, a written statement that provides a full and fair disclosure of information regarding the development and the purchaser's rights and obligations associated with the purchase of an interest in the development. (2) The written disclosure described in Subsection (1): (a) may include electronic files; and (b) shall: (i) be on the property report form required by the division; and (ii) include: (A) the name and address of the developer; (B) a statement regarding whether the developer has ever been convicted of a felony or any misdemeanor involving theft, fraud, or dishonesty, or enjoined from, assessed any civil penalty for, or found to have engaged in the violation of any law designed to protect consumers; (C) a brief description of the developer's experience in timeshare, camp resort, or any other real estate development; (D) a brief description of the interest that is being offered in the development; (E) a description of any provisions to protect the purchaser's interest from loss due to foreclosure on any underlying financial obligation of the development; (F) a statement that the development will not issue more interests during a 12-month period than the development can accommodate during the 12-month period; (G) any event that has occurred since the date of the offer that may have a material adverse effect on the operation of the development; and (H) any other information the director considers necessary for the protection of purchasers.
Utah Code § 57-2a-5 — Utah Code / Title 57 / Chapter 57-2a / § 57-2a-5
§ 57-2a-5. Certificate.
Status: in_force

A person taking an acknowledgment shall cause a certificate in a form acceptable under Section 57-2a-6 or 57-2a-7 to be endorsed on or attached to the document or other written instrument.
Utah Code § 57-9-6 — Utah Code / Title 57 / Chapter 57-9 / § 57-9-6
§ 57-9-6. Applicability of provisions.
Status: in_force

This chapter may not be applied to: (1) bar a lessor or the lessor's successor as a reversioner of the right to possession on the expiration of any lease; (2) extinguish any right, title, or interest created or held for any pipeline, highway, railroad or public utility purpose; (3) extinguish an easement or interest in the nature of an easement, the existence of which is clearly observable by physical evidence of its use; (4) extinguish any water rights, whether evidenced by decrees, by certificates of appropriation, by diligence claims to the use of surface or underground water, or by water users' claims filed in general determination proceedings; (5) extinguish any right, title, estate, or interest in and to minerals, and any development, mining, production or other rights or easements related to the minerals or exercisable in connection with the minerals; (6) extinguish any right, title, or interest of the state or political subdivision of the state; or (7) extinguish any right, title, or interest of the United States, by reason of failure to file the notice required under this chapter.
Utah Code § 57-14-101 — Utah Code / Title 57 / Chapter 57-14 / § 57-14-101
§ 57-14-101. Title -- Purpose.
Status: in_force

(1) This chapter is known as "Limitations on Landowner Liability." (2) The purpose of this chapter is to limit the liability of public and private land owners toward a person entering the owner's land as a trespasser or for recreational purposes, whether by permission or by operation of Title 73, Chapter 29, Public Waters Access Act.
Utah Code § 57-17-4 — Utah Code / Title 57 / Chapter 57-17 / § 57-17-4
§ 57-17-4. Holder of owner's or designated agent's interest bound by provisions.
Status: in_force

The holder of the owner's or designated agent's interest in the premises at the time of termination of the tenancy shall be bound by the provisions of this act.
Utah Code § 57-31-201 — Utah Code / Title 57 / Chapter 57-31 / § 57-31-201
§ 57-31-201. Civil liability for recording a fraudulent deed -- Damages.
Status: in_force

(1) A purported grantor who records a fraudulent deed or causes a fraudulent deed to be recorded in the office of a county recorder is liable to a record interest holder as described in Subsection (2). (2) If a court determines that a deed is a fraudulent deed under Section 57-31-202, the purported grantor is liable to the record interest holder for: (a) the greater of: (i) $10,000; or (ii) treble actual damages; and (b) reasonable attorney fees and costs.
Utah Code § 57-23-7 — Utah Code / Title 57 / Chapter 57-23 / § 57-23-7
§ 57-23-7. Investigatory powers and proceedings of division.
Status: in_force

(1) The division may: (a) make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order made by the division under this chapter; and (b) require or permit any person to file a statement in writing, under oath or otherwise as the division determines, as to all the facts and circumstances concerning the matter to be investigated. (2) For the purpose of any investigation or proceeding under this chapter: (a) the division may administer oaths or affirmations; and (b) upon its own motion or upon the request of any party, the division may: (i) subpoena witnesses; (ii) compel their attendance; (iii) take evidence; and (iv) require the production of any matter which is relevant to the investigation, including: (A) the existence, description, nature, custody, condition and location of any books, documents, or other tangible records; (B) the identity and location of persons having knowledge of relevant facts; or (C) any other matter reasonably calculated to lead to the discovery of material evidence. (3) Upon failure of any person to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected by the subpoena or information sought to be discovered under the subpoena, the division may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an order compelling compliance.
Utah Code § 57-8-49 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-49
§ 57-8-49. Costs and attorney fees in lien enforcement action.
Status: in_force

(1) A court entering a judgment or decree in a judicial action brought under Sections 57-8-44 through 57-8-53 shall award the prevailing party its costs and reasonable attorney fees incurred before the judgment or decree and, if the association of unit owners is the prevailing party, any costs and reasonable attorney fees that the association of unit owners incurs collecting the judgment. (2) In a nonjudicial foreclosure, an association of unit owners may include in the amount due, and may collect, all costs and reasonable attorney fees incurred in collecting the amount due, including the costs of preparing, recording, and foreclosing a lien.
Utah Code § 57-23-5 — Utah Code / Title 57 / Chapter 57-23 / § 57-23-5
§ 57-23-5. License required.
Status: in_force

Except as provided by Section 61-2f-202, an individual may not offer, sell, or otherwise dispose of a cooperative interest in this state unless the individual is licensed by the division under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, as a principal broker, associate broker, or sales agent.
Utah Code § 57-1-19 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-19
§ 57-1-19. Trust deeds -- Definitions of terms.
Status: in_force

As used in Sections 57-1-20 through 57-1-36: (1) "Beneficiary" means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or that person's successor in interest. (2) "Trustor" means the person conveying real property by a trust deed as security for the performance of an obligation. (3) "Trust deed" means a deed executed in conformity with Sections 57-1-20 through 57-1-36 and conveying real property to a trustee in trust to secure the performance of an obligation of the trustor or other person named in the deed to a beneficiary. (4) "Trustee" means a person to whom title to real property is conveyed by trust deed, or that person's successor in interest. (5) "Real property" has the same meaning as set forth in Section 57-1-1. (6) "Trust property" means the real property conveyed by the trust deed.
Utah Code § 57-19-24 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-24
§ 57-19-24. Violation of Consumer Sales Practice Act.
Status: in_force

For purposes of applying Title 13, Chapter 11, Utah Consumer Sales Practices Act, any material violation of the provisions of this chapter constitutes an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce.
Utah Code § 57-8a-219 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-219
§ 57-8a-219. Display of the flag.
Status: in_force

(1) An association may not prohibit a lot owner from displaying a United States flag inside a dwelling or limited common area or on a lot, if the display complies with United States Code, Title 4, Chapter 1, The Flag. (2) An association may restrict the display of a flag on the common areas.
Utah Code § 57-19-20 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-20
§ 57-19-20. Injunctive relief -- Cease and desist order.
Status: in_force

(1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, and that it would be in the public interest to stop those acts or practices, the director may either: (a) seek injunctive relief as provided in Rule 65A, Utah Rules of Civil Procedure; or (b) issue an administrative cease and desist order. (2) If an administrative cease and desist order is issued pursuant to Subsection (1), the person upon whom the order is served may, within 10 days after receiving the order, request that a hearing be held before an administrative law judge. If a request for a hearing is made, the division shall follow the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. Pending the hearing, the order remains in effect. (3) (a) If, at the hearing, a finding is made that there has been a violation of this chapter, the director, with the concurrence of the executive director, may issue an order making the cease and desist order permanent. (b) If no hearing is requested, and if the person fails to cease the act or practice, or after discontinuing the act or practice again commences the act or practice, the director shall bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enjoin and restrain the person from violating this chapter. (4) (a) Whether or not the director has issued a cease and desist order, the attorney general, in the name of the state or of the director, may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enjoin any act or practice constituting a violation of any provision of this chapter, and to enforce compliance with this chapter or any rule or order under this chapter. (b) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted.
Utah Code § 57-21-7 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-7
§ 57-21-7. Prohibited conduct -- Aiding or abetting in discriminatory actions -- Obstruction of division investigation -- Reprisals.
Status: in_force

(1) It is a discriminatory housing practice to do any of the following: (a) coerce, intimidate, threaten, or interfere with a person: (i) in the exercise or enjoyment of a right granted or protected under this chapter; (ii) because that person exercised a right granted or protected under this chapter; or (iii) because that person aided or encouraged any other person in the exercise or enjoyment of a right granted or protected under this chapter; (b) aid, abet, incite, compel, or coerce a person to engage in a practice prohibited by this chapter; (c) attempt to aid, abet, incite, compel, or coerce a person to engage in a practice prohibited by this chapter; (d) obstruct or prevent a person from complying with this chapter, or any order issued under this chapter; (e) resist, prevent, impede, or interfere with the director or a division employee or representative in the performance of duty under this chapter; or (f) engage in a reprisal against a person because that person: (i) opposed a practice prohibited under this chapter; or (ii) filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter. (2) This section also applies to discriminatory housing practices because of race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity based upon a person's association with another person.
Utah Code § 57-8a-232 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-232
§ 57-8a-232. Sale of common areas.
Status: in_force

(1) As used in this section: (a) "Condemnor" means the same as that term is defined in Section 78B-6-520.3. (b) "Under threat of condemnation" means the same as that term is defined in Section 78B-6-520.3. (2) Subject to Subsection 10-20-809(5) or 17-79-709(5), unless otherwise provided in the governing documents, an association may by an affirmative vote of at least 67% of the voting interests of the association, elect to sell, convey, transfer, or otherwise dispose of all or part of the common areas. (3) An affirmative vote described in Subsection (2) is binding upon all lot owners, and each lot owner shall execute and deliver the appropriate instruments and perform all acts as necessary to effect the sale, conveyance, transfer, or other disposition of the common areas. (4) The general easement of ingress, egress, and use of the common areas and facilities granted to an association and lot owners through recorded governing documents is extinguished in any portion of the common areas the association sells, conveys, transfers, or otherwise disposes of, if: (a) the lot owners, in selling, conveying, transferring, or otherwise disposing of the portion of the common areas, comply with: (i) the provisions of this section; and (ii) Section 10-20-809 or 17-79-709; and (b) the sale, conveyance, transfer, or other disposition of the portion of the common areas results in a person other than the association owning the portion of the common areas. (5) This section applies to an association regardless of when the association is created. (6) A declarant may not sell or otherwise encumber any part of the common areas during the period of administrative control, except: (a) as provided in Section 10-20-809 or 17-79-709; or (b) if the declarant sells or otherwise encumbers a part of the common areas and facilities that are under threat of condemnation to a condemnor. (7) Unless otherwise prohibited by the association's governing documents, an authorized representative of the association may act as attorney-in-fact for the association's lot owners in executing a sale, conveyance, transfer, or other disposition of the common areas following an affirmative vote described in Subsection (2).
Utah Code § 57-9-3 — Utah Code / Title 57 / Chapter 57-9 / § 57-9-3
§ 57-9-3. Marketable record title held free and clear of interests, claims, and charges.
Status: in_force

Subject to Sections 57-9-2 and 57-9-6: (1) the marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges, whatsoever, the existence of which depends upon any act, transaction, event, or omission that occurred prior to the effective date of the root of title; and (2) all such interests, claims, or charges, however denominated, whether legal or equitable, present or future, whether the interests, claims, or charges are asserted by a person sui juris or under a disability, whether the person is within or without the state, whether the person is natural or corporate, or is private or governmental, are declared to be void.
Utah Code § 57-8-21 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-21
§ 57-8-21. Acquisition through tax deed or foreclosure of liens.
Status: in_force

In the event any person shall acquire, through foreclosure, exercise of power of sale, or other enforcement of any lien, or by tax deed, the interest of any unit owner, the interest acquired shall be subject to all the provisions of this act and to the covenants, conditions and restrictions contained in the declaration, the condominium plat, the bylaws, the house rules, or any deed affecting the interest then in force.
Utah Code § 57-26-110 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-110
§ 57-26-110. Notification to tenant -- Form.
Status: in_force

No particular phrasing is required for the notification specified in Section 57-26-109. However, the following form of notification, when properly completed, is sufficient to satisfy the requirements of Section 57-26-109:NOTIFICATION TO PAY RENTS TO PERSON OTHER THAN LANDLORDTenant: _______________________________________________________________Name of TenantProperty Occupied by Tenant (the "Premises"): ________________________________AddressLandlord: ____________________________________________________________Name of landlordAssignee: ____________________________________________________________Name of assigneeAddress of Assignee and Telephone Number of Contact Person:_____________________________________________________________________Address of assignee_____________________________________________________________________Telephone number of person to contact1. The Assignee named above has become the person entitled to collect your rents on the Premises listed above under ________________________________________________Name of document(the "Assignment of Rents") dated __________, and recorded at _______________________DateRecording datain the ______________________________________________________________________.Appropriate governmental office under the recording act of this stateYou may obtain additional information about the Assignment of Rents and the Assignee's right to enforce it at the address listed above.2. The Landlord is in default under the Assignment of Rents. Under the Assignment of Rents, the Assignee is entitled to collect rents from the Premises.3. This notification affects your rights and obligations under the agreement under which you occupy the Premises (your "Agreement"). In order to provide you with an opportunity to consult with a lawyer, if your next scheduled rental payment is due within 30 days after you receive this notification, neither the Assignee nor the Landlord can hold you in default under your Agreement for nonpayment of that rental payment until 10 days after the due date of that payment or 30 days following the date you receive this notification, whichever occurs first. You may consult a lawyer at your expense concerning your rights and obligations under your Agreement and the effect of this notification.4. You must pay to the Assignee at the address listed above all rents under your Agreement which are due and payable on the date you receive this notification and all rents accruing under your Agreement after you receive this notification. If you pay rents to the Assignee after receiving this notification, the payment will satisfy your rental obligation to the extent of that payment.5. Unless you occupy the Premises as your primary residence, if you pay any rents to the Landlord after receiving this notification, your payment to the Landlord will not discharge your rental obligation, and the Assignee may hold you liable for that rental obligation notwithstanding your payment to the Landlord.6. If you have previously received a notification from another person that also holds an assignment of the rents due under your Agreement, you should continue paying your rents to the person that sent that notification until that person cancels that notification. Once that notification is canceled, you must begin paying rents to the Assignee in accordance with this notification.7. Your obligation to pay rents to the Assignee will continue until you receive either:(a) a written order from a court directing you to pay the rent in a manner specified in that order; or(b) written instructions from the Assignee canceling this notification._________________________________________Name of assignee_________________________________________By: Officer/authorized agent of assignee
Utah Code § 57-1-41 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-41
§ 57-1-41. Objections to reconveyance or release.
Status: in_force

A title insurer or title agent may not record a reconveyance of trust deed or release of mortgage if, within 60 days from the day on which the title insurer or title agent delivered or mailed the notice of intent to release or reconvey in accordance with Subsections 57-1-40(3) and (4), the beneficiary, mortgagee, or servicer sends a notice that: (1) the obligation secured by the trust deed or mortgage has not been paid in full; (2) payment of an amount less than the whole obligation was not agreed to or was not received by the beneficiary, mortgagee, or servicer; or (3) the beneficiary, mortgagee, or servicer objects to the release of the mortgage or reconveyance of the trust deed under Subsection 57-1-40(5)(a).
Utah Code § 57-2-10 — Utah Code / Title 57 / Chapter 57-2 / § 57-2-10
§ 57-2-10. Proof of execution -- How made.
Status: in_force

The proof of the execution of any conveyance whereby real estate is conveyed or may be affected shall be: (1) by the testimony of a subscribing witness, if there is one; or, (2) when all the subscribing witnesses are dead, or cannot be had, by evidence of the handwriting of the party, and of a subscribing witness, if there is one, given by a credible witness to each signature.
Utah Code § 57-31-101 — Utah Code / Title 57 / Chapter 57-31 / § 57-31-101
§ 57-31-101. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Deed" means an instrument in writing, including any conveyance that affects, purports to affect, describes, or otherwise concerns any right, title, or interest in real property. (b) "Deed" does not include governing documents as defined in Section 57-8-3 or 57-8a-102 or a reinvestment fee covenant recorded in accordance with Section 57-1-46. (2) "Fraudulent deed" means a deed that is not executed or authorized to be executed by the record interest holder. (3) "Interest holder" means a person who holds or possesses a present, lawful property interest in real property. (4) "Purported grantee" means a person who is identified as the grantee on a fraudulent deed. (5) "Purported grantor" means a person who executes or causes to be executed a fraudulent deed. (6) "Record interest holder" means a person: (a) who holds or possesses a present, lawful property interest in real property; and (b) whose name and interest in the real property appears in the county recorder's records for the county in which the property is located.
Utah Code § 57-21-2.7 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-2.7
§ 57-21-2.7. Nonseverability.
Status: in_force

Laws of Utah 2015, Chapter 13, is the result of the Legislature's balancing of competing interests. Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in this chapter by Laws of Utah 2015, Chapter 13, is held invalid in a final judgment by a court of last resort, the remainder of the enactments and amendments of Laws of Utah 2015, Chapter 13, affecting this chapter shall be thereby rendered without effect and void.
Utah Code § 57-6-7 — Utah Code / Title 57 / Chapter 57-6 / § 57-6-7
§ 57-6-7. When execution on judgment of possession may issue.
Status: in_force

The plaintiff in the main action is entitled to an execution to put the plaintiff in possession of the plaintiff's property in accordance with the provisions of this chapter, but not otherwise.
Utah Code § 57-8-17 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-17
§ 57-8-17. Records -- Availability for examination.
Status: in_force

(1) (a) Subject to Subsection (1)(b) and regardless of whether the association of unit owners is incorporated under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, an association of unit owners shall keep and make available to unit owners: (i) each record identified in Subsections 16-6a-1601(1) through (5), in the manner described in Sections 16-6a-1601, 16-6a-1602, 16-6a-1603, 16-6a-1605, 16-6a-1606, and 16-6a-1610; and (ii) a copy of the association's: (A) governing documents; (B) most recent approved minutes; (C) most recent annual budget and financial statement; (D) most recent reserve analysis; (E) certificate of insurance for each insurance policy the association of unit owners holds; (F) management committee meeting minutes from the previous three calendar years; (G) profit and loss statement for the previous three fiscal years; and (H) balance sheet for the previous three fiscal years. (b) An association of unit owners may redact the following information from any document the association of unit owners produces for inspection or copying: (i) a social security number; (ii) a bank account number; or (iii) any communication subject to attorney-client privilege. (c) The following are considered property of the association: (i) a record or document described in Subsection (1)(a)(i) or (ii); and (ii) the funds contained in an account described in Section 57-8-60. (d) If a person other than the association of unit owners has control over or possession of a record described in Subsection (1)(a)(i) or (ii), the person shall, upon the association's request, provide the record to the association of unit owners without charge. (2) (a) In addition to the requirements described in Subsection (1), an association of unit owners shall: (i) make documents available to unit owners in accordance with the association of unit owners' governing documents; and (ii) (A) if the association of unit owners has an active website, make the documents described in Subsections (1)(a)(ii)(A) through (C) available to unit owners, free of charge, through the website; or (B) if the association of unit owners does not have an active website, make physical copies of the documents described in Subsections (1)(a)(ii)(A) through (C) available to unit owners during regular business hours at the association of unit owners' address registered with the Department of Commerce under Section 57-8-13.1. (b) Subsection (2)(a)(ii) does not apply to an association as defined in Section 57-19-2. (c) If a provision of an association of unit owners' governing documents conflicts with a provision of this section, the provision of this section governs. (3) In a written request to inspect or copy documents: (a) a unit owner shall include: (i) the association of unit owners' name; (ii) the unit owner's name; (iii) the unit owner's property address; (iv) the unit owner's email address; (v) a description of the documents requested; and (vi) an election or a request described in Subsection (3)(b); and (b) a unit owner may: (i) elect whether to inspect or copy the documents; (ii) if the unit owner elects to copy the documents, request hard copies or electronic scans of the documents; or (iii) subject to Subsection (4), request that: (A) the association of unit owners make the copies or electronic scans of the requested documents; (B) a recognized third party duplicating service make the copies or electronic scans of the requested documents; (C) the unit owner be allowed to bring any necessary imaging equipment to the place of inspection and make copies or electronic scans of the documents while inspecting the documents; or (D) the association of unit owners email the requested documents to an email address provided in the request. (4) (a) An association of unit owners shall comply with a request described in Subsection (3) within 10 business days after the day on which the association of unit owners receives the request. (b) If an association of unit owners produces the copies or electronic scans: (i) the copies or electronic scans shall be legible and accurate; (ii) the unit owner shall pay the association of unit owners the reasonable cost of the copies and for time spent meeting with the unit owner, which may not exceed: (A) the actual cost that the association of unit owners paid to a recognized third party duplicating service to make the copies or electronic scans; or (B) 10 cents per page and $20 per hour for the employee's, manager's, or other agent's time making the copies or electronic scans; and (iii) the association may not charge the unit owner for any costs associated with fulfilling a request for the electronic transmission of the documents described in Subsection (3). (c) If a unit owner requests a recognized third party duplicating service make the copies or electronic scans: (i) the association of unit owners shall arrange for the delivery and pick up of the original documents; and (ii) the unit owner shall pay the duplicating service directly. (d) Subject to Subsection (9), if a unit owner requests to bring imaging equipment to the inspection, the association of unit owners shall provide the necessary space, light, and power for the imaging equipment. (e) An association may comply with a request described in Subsection (3) by posting the documents described in Subsection (3) to the association's website or online owner portal. (5) If, in response to a unit owner's request to inspect or copy documents, an association of unit owners fails to comply with a provision of this section, the association of unit owners shall pay: (a) the reasonable costs of inspecting and copying the requested documents; (b) for items described in Subsections (1)(a)(ii)(A) through (C), $25 to the unit owner who made the request for each day the request continues unfulfilled, beginning the eleventh business day after the day on which the unit owner made the request; and (c) reasonable attorney fees and costs that the unit owner incurs in obtaining the inspection and copies of the requested documents. (6) (a) In addition to any remedy in the association of unit owners' governing documents or as otherwise provided by law, a unit owner may file an action in court under this section if: (i) subject to Subsection (9), an association of unit owners fails to make documents available to the unit owner in accordance with this section, the association of unit owners' governing documents, or as otherwise provided by law; and (ii) the association of unit owners fails to timely comply with a notice described in Subsection (6)(d). (b) In an action described in Subsection (6)(a): (i) the unit owner may request: (A) injunctive relief requiring the association of unit owners to comply with the provisions of this section; (B) $1,000 or actual damages, whichever is greater; or (C) any other relief provided by law; and (ii) the court may award costs and reasonable attorney fees to the prevailing party, including any reasonable attorney fees incurred before the action was filed that relate to the request that is the subject of the action. (c) (i) In an action described in Subsection (6)(a), upon motion by the unit owner made in accordance with Subsection (6)(b), notice to the association of unit owners, and a hearing in which the court finds a likelihood that the association of unit owners failed to comply with a provision of this section, the court shall order the association of unit owners to immediately comply with the provision. (ii) The court shall hold a hearing described in Subsection (6)(c)(i) within 30 days after the day on which the unit owner files the motion. (d) At least 10 days before the day on which a unit owner files an action described in Subsection (6)(a), the unit owner shall deliver a written notice to the association of unit owners that states: (i) the unit owner's name, address, telephone number, and email address; (ii) each requirement of this section with which the association of unit owners has failed to comply; (iii) a demand that the association of unit owners comply with each requirement with which the association of unit owners has failed to comply; and (iv) a date by which the association of unit owners shall remedy the association of unit owners' noncompliance that is at least 10 days after the day on which the unit owner delivers the notice to the association of unit owners. (7) (a) The provisions of Section 16-6a-1604 do not apply to an association of unit owners. (b) The provisions of this section apply regardless of any conflicting provision in Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act. (8) A unit owner's agent may, on the unit owner's behalf, exercise or assert any right that the unit owner has under this section. (9) An association of unit owners is not liable for identifying or providing a document in error, if the association of unit owners identified or provided the erroneous document in good faith.
Utah Code § 57-8-31 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-31
§ 57-8-31. Disposition of property where insurance proceeds are insufficient for reconstruction.
Status: in_force

Unless otherwise provided in the declaration or bylaws, if the insurance proceeds are insufficient to reconstruct the building, damage to or destruction of the building shall be promptly repaired and restored by the manager or management committee, using proceeds of insurance, if any, on the building for that purpose, and the unit owners shall be liable for assessment for any deficiency. However, if three-fourths or more of the building is destroyed or substantially damaged and if the unit owners, by a vote of at least three-fourths of such unit owners, do not voluntarily, within 100 days after such destruction or damage, make provision for reconstruction, the manager or management committee shall record, with the county recorder, a notice setting forth such facts, and upon the recording of such notice: (1) The property shall be deemed to be owned in common by the unit owners; (2) The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by such owner in the common elements; (3) Any liens affecting any of the units shall be deemed to be transferred in accordance with the existing priorities to the undivided interest of the unit owner in the property; and (4) The property shall be subject to an action for partition at the suit of any unit owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the unit owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the unit owners, to the extent sufficient for the purposes, all liens on the undivided interest in the property owned by each unit owner.
Utah Code § 57-8a-216 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-216
§ 57-8a-216. Association bylaws -- Recording required -- Bylaw requirements.
Status: in_force

(1) (a) No later than the date of the first lot sale, an association shall file its bylaws for recording in the office of the recorder of each county in which any part of the real estate included within the association is located. (b) If an association fails to file bylaws for recording within the time specified in Subsection (1)(a), the board may file the bylaws for recording as provided in Subsection (1)(a). (2) Unless otherwise provided in the declaration, an association's bylaws shall state: (a) the number of board members; (b) the title of each of the association's officers; (c) the manner and method of officer election by the board or, if the declaration requires, by the lot owners; (d) (i) the board member's and officer's: (A) qualifications; (B) powers and duties; and (C) terms of office; (ii) the method for removing a board member or officer; and (iii) the method for filling a board member or officer vacancy; (e) the powers that the board or officers may delegate to other persons or to a managing agent; (f) the officers who may prepare, execute, certify, and record amendments to the declaration on behalf of the association; (g) a method for the board or lot owners to amend the bylaws, consistent with Section 16-6a-1010; and (h) subject to the provisions of the declaration and unless the declaration or this chapter requires that a provision appear in a declaration, any other matter that is necessary or appropriate for conducting the affairs of the association, including: (i) meetings; (ii) voting requirements; and (iii) quorum requirements. (3) An association shall file any amended bylaws for recording in the same manner as the association is required to file the initial bylaws for recording under Subsection (1).
Utah Code § 57-23-10 — Utah Code / Title 57 / Chapter 57-23 / § 57-23-10
§ 57-23-10. Prosecution -- Penalties.
Status: in_force

(1) The director may refer any available evidence concerning violations of this chapter or of any rule or order under this chapter to the attorney general or the appropriate prosecuting attorney, who may, in turn, institute the appropriate civil or criminal proceedings under this chapter. (2) Any person who willfully violates any provision of this chapter is guilty of a class B misdemeanor. (3) For purposes of applying Title 13, Chapter 11, Utah Consumer Sales Practices Act, any material violation of the provisions of this chapter constitutes an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce. (4) The remedies provided in this chapter are cumulative and nonexclusive, and do not affect any other remedy available at law.
Utah Code § 57-29-304 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-304
§ 57-29-304. Enforcement.
Status: in_force

(1) (a) If the director believes that a person has been or is engaging in conduct that violates this chapter, the director: (i) shall issue and serve upon the person a cease and desist order; and (ii) may order the person to take any action necessary to carry out the purposes of this chapter. (b) (i) A person served with an order under Subsection (1)(a) may request a hearing within 10 days after the day on which the person is served. (ii) (A) If a person requests a hearing in accordance with Subsection (1)(b)(i), the director shall schedule a hearing to take place no more than 30 days after the day on which the director receives the request. (B) The cease and desist order remains in effect pending the hearing. (iii) If the director fails to schedule a hearing in accordance with Subsection (1)(b)(ii)(A), the cease and desist order is vacated. (c) The division shall conduct a hearing described in Subsection (1)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (2) After a hearing described in Subsection (1)(b): (a) if the director finds that the person violated this chapter, the director may issue a final order making the cease and desist order permanent; or (b) if the director finds that the person did not violate this chapter, the director shall vacate the cease and desist order. (3) If a person served with an order under Subsection (1)(a) does not request a hearing and the person fails to comply with the director's order, the director may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, in the name of the Department of Commerce and the Division of Real Estate to enjoin the person from violating this chapter. (4) The remedies and action provided in this section are not exclusive but are in addition to any other remedies or actions available under Section 57-29-305.
Utah Code § 57-13b-101 — Utah Code / Title 57 / Chapter 57-13b / § 57-13b-101
§ 57-13b-101. Title.
Status: in_force

This chapter is known as the "Easement for Historical Livestock Trail Act."
Utah Code § 57-8a-201 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-201
§ 57-8a-201. Payment of a common expense or assessment -- Late fees.
Status: in_force

(1) An owner shall pay the owner's proportionate share of: (a) the common expenses; and (b) any other assessments levied by the association. (2) A payment described in Subsection (1) shall be in the amount and at the time determined by the board of directors in accordance with the terms of the: (a) declaration; or (b) bylaws. (3) An assessment levied against a lot is: (a) a debt of the owner at the time the assessment is made; and (b) collectible as a debt described in Subsection (3)(a). (4) The board of directors may impose, for a late payment: (a) a late fee, not to exceed the greater of: (i) 10% of the assessment amount; or (ii) $50; and (b) interest on the assessment and late fee of up to 1.5% per month. (5) Before imposing a fee under this section, the board of directors shall: (a) adopt a fee schedule by rule in accordance with Section 57-8a-217 that describes the amount of fee the board shall impose; and (b) provide a copy of the fee schedule to each lot owner.
Utah Code § 57-8-7 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-7
§ 57-8-7. Common areas and facilities.
Status: in_force

(1) As used in this section: (a) "Emergency repairs" means any repairs that, if not made in a timely manner, will likely result in immediate and substantial damage to the common areas and facilities or to another unit or units. (b) "Reasonable notice" means: (i) written notice that is hand delivered to the unit at least 24 hours prior to the proposed entry; or (ii) in the case of emergency repairs, notice that is reasonable under the circumstances. (2) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentages or fractions expressed in the declaration. The declaration may allocate to each unit an undivided interest in the common areas and facilities proportionate to either the size or par value of the unit. Otherwise, the declaration shall allocate to each unit an equal undivided interest in the common areas and facilities, subject to the following exception: each convertible space depicted on the condominium plat shall be allocated an undivided interest in the common areas and facilities proportionate to the size of the space vis-a-vis the aggregate size of all units so depicted, while the remaining undivided interest in the common areas and facilities shall be allocated equally among the other units so depicted. The undivided interest in the common areas and facilities allocated in accordance with this Subsection (2) shall add up to one if stated as fractions or to 100% if stated as percentages. If an equal undivided interest in the common areas and facilities is allocated to each unit, the declaration may simply state that fact and need not express the fraction or percentage so allocated. Otherwise, the undivided interest allocated to each unit shall be reflected by a table in the declaration, or by an exhibit or schedule accompanying the declaration and recorded simultaneously with it, containing columns. The first column shall identify the units, listing them serially or grouping them together in the case of units to which identical undivided interests are allocated. Corresponding figures in the second and third columns shall set forth the respective sizes or par values of those units and the fraction or percentage of undivided interest in the common areas and facilities allocated thereto. (3) Except as otherwise expressly provided by this act, the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of two-thirds of the unit owners expressed in an amended declaration duly recorded. The undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be considered to be conveyed or encumbered or released from liens with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. A time period unit may not be further divided into shorter time periods by a conveyance or disclaimer. (4) The common areas and facilities shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this act as provided in Sections 57-8-22 and 57-8-31. Any covenants to the contrary shall be null and void. (5) Each unit owner may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other unit owners. (6) The necessary work of maintenance, repair, and replacement of the common areas and facilities and the making of any additions or improvements thereon shall be carried out only as provided in this chapter or in the declaration or bylaws. (7) Except as otherwise provided in the declaration or Section 57-8-43: (a) an association of unit owners is responsible for the maintenance, repair, and replacement of common areas and facilities; and (b) a unit owner is responsible for the maintenance, repair, and replacement of the unit owner's unit. (8) After reasonable notice to the occupant of the unit being entered, the manager or management committee may access a unit: (a) from time to time during reasonable hours, as may be necessary for the maintenance, repair, or replacement of any of the common areas and facilities; or (b) for making emergency repairs. (9) (a) An association of unit owners is liable to repair damage it causes to the common areas and facilities or to a unit the association of unit owners uses to access the common areas and facilities. (b) An association of unit owners shall repair damage described in Subsection (9)(a) within a time that is reasonable under the circumstances.
Utah Code § 57-16-12 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-12
§ 57-16-12. Waiver of rights and duties prohibited.
Status: in_force

No park or resident may agree to waive any right, duty, or privilege conferred by this chapter.
Utah Code § 57-8a-104 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-104
§ 57-8a-104. Limitation on requirements for amending governing documents -- Limitation on contracts.
Status: in_force

(1) (a) (i) To amend the governing documents, the governing documents may not require: (A) for an amendment adopted after the period of administrative control, the vote or approval of lot owners with more than 67% of the voting interests; (B) the approval of any specific lot owner; or (C) the vote or approval of lien holders holding more than 67% of the first position security interests secured by a mortgage or trust deed in the association. (ii) An amendment to the declaration after the period of administrative control may be adopted by a majority vote of voters, or a greater percentage if required in the declaration, at a meeting where at least 51% of the voting interests are present. (iii) Any provision in the governing documents that prohibits a vote or approval to amend any part of the governing documents during a particular time period is invalid. (iv) The board may not amend the declaration. (b) Subsection (1)(a) does not apply to an amendment affecting only: (i) lot boundaries; or (ii) lot owner's voting rights. (2) (a) A contract for services such as garbage collection, maintenance, lawn care, or snow removal executed on behalf of the association during a period of administrative control is binding beyond the period of administrative control unless terminated by the board of directors after the period of administrative control ends. (b) Subsection (2)(a) does not apply to golf course and amenity management, utilities, cable services, and other similar services that require an investment of infrastructure or capital. (3) Voting interests under Subsection (1) are calculated in the manner required by the governing documents. (4) Nothing in this section affects any other rights reserved by the person who filed the association's original governing documents or a successor in interest. (5) This section applies to an association regardless of when the association is created.
Utah Code § 57-8a-502 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-502
§ 57-8a-502. Period of administrative control.
Status: in_force

(1) Unless otherwise provided for in a declaration and subject to Subsections (2) and (6), a period of administrative control terminates 60 days after the day on which 80% of the lots that may be created in the association are conveyed to lot owners other than a declarant. (2) Notwithstanding Subsection (1) and subject to Subsection (6), the period of administrative control terminates no later than the earlier of: (a) the day on which the declarant no longer owns any lot and no longer possesses any development right; or (b) seven years after the day on which a declarant has ceased to offer lots, including lots that may be created, for sale in the ordinary course of business. (3) (a) A declarant may voluntarily surrender the right to appoint and remove a member of the board before the period of administrative control terminates under Subsection (1). (b) Subject to Subsection (3)(a), the declarant may require, for the duration of the period of administrative control, that actions of the association or board, as specified in a recorded instrument executed by the declarant, be approved by the declarant before they become effective. (c) During a period of administrative control, except as provided in Subsection (3)(a), a declarant may appoint the declarant's officers, employees, or agents as members of the board. (4) (a) Upon termination of the period of administrative control, the lot owners shall elect a board consisting of an odd number of at least three members, a majority of whom shall be lot owners. (b) Unless the declaration provides for the election of officers by the lot owners, the board shall elect officers of the association. (c) The board members and officers shall take office upon election or appointment. (5) During the period of administrative control, the declarant shall: (a) use reasonable care and prudence in managing and maintaining the common areas; (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; (c) for a service that the association is or will be obligated to provide, disclose to the lot owners the amount of money the declarant provides for or subsidizes for that service; (d) maintain records and account for the financial affairs of the association from the association's inception; (e) comply with and enforce the terms of the declaration, including design controls, land-use restrictions, and the payment of assessments; and (f) disclose to the lot 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 any contract, lease, or other agreement entered into by the association. (6) (a) As used in this Subsection (6), "large master planned development" means the same as that term is defined in Section 57-1-46. (b) For a large master planned development, the day on which the period of administrative control terminates under Subsection (1) or (2) may be extended by 300 days to facilitate the completion of the process of turnover of governance of the association from the declarant to the lot owner-elected board if before the day on which the period of administrative control terminates under Subsection (1) or (2), the association: (i) establishes a committee of the board that includes one or more lot owners to facilitate turnover of governance to the lot owner-elected board; or (ii) sends notice to each lot owner for nomination of eligible board candidates to commence the process of turnover of governance to the lot owner-elected board. (c) The turnover process described in Subsection (6)(b) may include: (i) nominations for candidates for the lot owner-elected board; (ii) eligibility verification for candidates for the lot owner-elected board that is consistent with the governing documents and Subsection 57-8a-501(3); (iii) compliance with regular or special meeting notice requirements; (iv) proxy solicitation; (v) satisfaction of quorum requirements; or (vi) updating association records and accounts.
Utah Code § 57-8a-230 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-230
§ 57-8a-230. Administration of funds.
Status: in_force

An association: (1) shall keep all of the association's funds in an account in the name of the association; and (2) may not commingle the association's funds with the funds of any other person.
Utah Code § 57-11-2 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-2
§ 57-11-2. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Disposition" includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. (b) "Disposition" does not include the sale or lease of land held by railroads for right of way if the land is within 400 feet of the center line of a railroad tract. (2) "Division" means the Division of Real Estate created in Section 61-2-201. (3) "Federal act" means the federal Interstate Land Sales Full Disclosure Act, 15 U.S.C. Sec. 1701, et seq., or any successor federal act. (4) (a) "Industrial park" means a subdivision or subdivided lands offered as a part of a common promotional plan of advertising and sale zoned for office, manufacturing, warehousing, commercial, industrial, distribution, or wholesale use and utilized for one or more of those purposes. (b) "Industrial park" does not include land offered for sale that is designed or intended to be used for recreational, residential, including multiple family dwellings, or agricultural purposes. (5) "Offer" includes an inducement, solicitation, or attempt to encourage a person to acquire an interest in land if undertaken for gain or profit. (6) "Person" includes: (a) a business trust; (b) an estate; (c) a trust; (d) a partnership; (e) an unincorporated association; (f) two or more of any entity having a joint or common interest; or (g) any other legal or commercial entity. (7) "Purchaser" means a person who acquires or attempts to acquire or succeeds to an interest in land. (8) "Residential building" means a structure intended for occupation as a residence which, at the time of an offer or disposition of the unit on which it is situated, or on which there is a legal obligation on the part of the seller to complete construction of it within two years from date of disposition, has, or if completed would have, ready access to water, gas, electricity, and roads. (9) "Subdivider" means: (a) an owner of an interest in subdivided lands who offers the subdivided lands for disposition; or (b) a principal agent of an owner of an interest in subdivided lands if the owner is inactive. (10) (a) "Subdivision" and "subdivided lands" means land that is divided or is proposed to be divided for the purpose of disposition into 10 or more units including land, whether contiguous or not, if 10 or more units are offered as a part of a common promotional plan of advertising and sale. (b) If a subdivision is offered by a developer or group of developers, and the land is contiguous or is known, designated, or advertised as a common tract or by a common name, that land is presumed, without regard to the number of units covered by each individual offering, to be part of a common promotional plan. (11) "Unit" includes a lot, parcel, or other interest in land separately offered for disposition.
Utah Code § 57-2-13 — Utah Code / Title 57 / Chapter 57-2 / § 57-2-13
§ 57-2-13. Form for certificate of proof.
Status: in_force

The certificate of proof shall be substantially in the following form, to wit:State of Utah, County of ____On this __________(month\day\year), before me personally appeared ____, personally known to me (or satisfactorily proved to me by the oath of ____, a competent and credible witness for that purpose, by me duly sworn) to be the same person whose name is subscribed to the above instrument as a witness thereto, who, being by me duly sworn, deposed and said ________ resides in ____, county of ____, and state of Utah; that as a subscribing witness was present and saw ____, personally known to the subscribing witness to be the signer of the above instrument as a party thereto, sign and deliver the same, and heard the party acknowledge that the party executed the same, and that the subscribing witness thereupon signed his/her name as a subscribing witness thereto at the request of said ____.
Utah Code § 57-8-22 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-22
§ 57-8-22. Removal of property from statutory provisions.
Status: in_force

(1) All of the unit owners may remove a property from the provisions of this act by an instrument duly recorded to that effect, provided that the holders of all liens affecting any of the units consent or agree by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the unit owner in the property. (2) Upon removal of the property from the provisions of this act, the property shall be deemed to be owned in common by the unit owners. The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities.
Utah Code § 57-2a-7 — Utah Code / Title 57 / Chapter 57-2a / § 57-2a-7
§ 57-2a-7. Form of acknowledgment.
Status: in_force

(1) The form of acknowledgment set forth in this section, if properly completed, is sufficient under any law of this state. It is known as "Statutory Short Form of Acknowledgment." This section does not preclude the use of other forms.State of __________)) ss.County of _________)The foregoing instrument was acknowledged before me this (date) by (person acknowledging, title or representative capacity, if any).___________________________________________(Signature of Person Taking Acknowledgment)(Seal) (Title)My commission expires: Residing at:____________________________________________________ (2) The phrases "My commission expires" and "Residing at" may be omitted if this information is included in the notarial seal.
Utah Code § 57-11-4 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-4
§ 57-11-4. Exemptions.
Status: in_force

(1) Unless the method of disposition is adopted for the purpose of evasion of this chapter or the federal act, this chapter does not apply to an offer or disposition of an interest in land: (a) by a purchaser of subdivided lands for the person's own account in a single or isolated transaction; (b) (i) on a unit of which there is a residential, commercial, or industrial building; or (ii) on a unit of which there is a legal obligation on the part of the seller to complete construction of a residential, commercial, or industrial building within two years from date of disposition; (c) unless a person who acquires land for one of the following purposes sells that land to one or more individuals as unimproved lots with no legal obligation on the part of the seller to construct a residential, commercial, or industrial building on that lot within two years from the date of disposition: (i) if the person acquires an interest in the land for use in the business of constructing residential, commercial, or industrial buildings; or (ii) if the person acquires the type of land described in Subsection (1)(c)(i) for the purpose of disposition to a person engaged in the business of constructing residential, commercial, or industrial buildings; (d) pursuant to court order; (e) by a government or government agency; (f) (i) if the interest lies within the boundaries of a city or a county which: (A) has a planning and zoning board using at least one professional planner; (B) enacts ordinances that require approval of planning, zoning, and plats, including the approval of plans for streets, culinary water, sanitary sewer, and flood control; and (C) will have the improvements described in Subsection (1)(f)(i)(B) plus telephone and electricity; and (ii) if at the time of the offer or disposition the subdivider furnishes satisfactory assurance of completion of the improvements described in Subsection (1)(f)(i)(C); (g) in an industrial park; (h) as cemetery lots; or (i) if the interest is offered as part of a camp resort as defined in Section 57-19-2 or a timeshare development as defined in Section 57-19-2. (2) Unless the method of disposition is adopted for the purpose of evasion of this chapter or the provisions of the federal act, this chapter, except as specifically designated, does not apply to an offer or disposition of: (a) indebtedness secured by a mortgage or deed of trust on real estate; (b) a security or unit of interest issued by a real estate investment trust regulated under any state or federal statute; (c) subject to Subsection (5), subdivided lands registered under the federal act and which the division finds to be in the public interest to exempt from the registration requirements of this chapter; (d) a security currently registered with the Division of Securities; or (e) an interest in oil, gas, or other minerals or a royalty interest in these assets if the offer or disposition of the interest is regulated as a security by the federal government or by the Division of Securities. (3) (a) Notwithstanding the exemptions in Subsections (1) and (2), a person making an offer or disposition of an interest in land that is located in Utah shall apply to the division for an exemption before the offer or disposition is made if: (i) the person is representing, in connection with the offer or disposition, the availability of culinary water service to or on the subdivided land; and (ii) the culinary water service is provided by a water corporation as defined in Section 54-2-1. (b) A subdivider seeking to qualify under the exemption described in Subsection (3)(a) shall file with the division a filing fee of $100 and an application containing: (i) information the division requires to show that the offer or disposition is exempt under this section; (ii) a statement as to what entity will provide culinary water service and the nature of that entity; and (iii) (A) a copy of the entity's certificate of convenience and necessity issued by the Public Service Commission; or (B) evidence that the entity providing water service is exempt from the jurisdiction of the Public Service Commission. (4) (a) The director may by rule or order exempt a person from a requirement of this chapter if the director finds that the offering of an interest in a subdivision is essentially noncommercial. (b) For purposes of this section, the bulk sale of subdivided lands by a subdivider to another person who will become the subdivider of those lands is considered essentially noncommercial. (5) (a) A subdivider seeking to qualify under the exemption described in Subsection (2)(c) shall file with the division: (i) a copy of an effective statement of record filed with the Consumer Financial Protection Bureau; and (ii) a filing fee of $100. (b) If a subdivider does not qualify under the exemption described in Subsection (2)(c), the division shall credit the filing fee described in Subsection (5)(a) to the filing fee required for registration under this chapter. (c) Nothing in this Subsection (5) exempts a subdivider from: (i) Sections 57-11-16 and 57-11-17; or (ii) the requirement to file an annual report with the division under Section 57-11-10. (6) Notwithstanding an exemption under this section, the division: (a) retains jurisdiction over an offer or disposition of an interest in land to determine whether or not the exemption continues to apply; and (b) may require compliance with this chapter if an exemption no longer applies.
Utah Code § 57-26-104 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-104
§ 57-26-104. Security instrument creates assignment of rents -- Assignment of rents creates security interest.
Status: in_force

(1) An enforceable security instrument creates an assignment of rents arising from the real property described in the security instrument, unless the security instrument provides otherwise. (2) An assignment of rents creates a presently effective security interest in all accrued and unaccrued rents arising from the real property described in the document creating the assignment, regardless of whether the document is in the form of an absolute assignment, an absolute assignment conditioned upon default, an assignment as additional security, or any other form. The security interest in rents is separate and distinct from any security interest held by the assignee in the real property.
Utah Code § 57-8a-221 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-221
§ 57-8a-221. Reincorporation of terminated or dissolved association.
Status: in_force

(1) An association that is terminated or dissolved without possibility of reinstatement under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, may be reincorporated by the acting directors of the association refiling articles of incorporation that are substantially similar to the articles of incorporation, as amended, in existence at the time of termination or dissolution. (2) Upon the association's reincorporation under Subsection (1): (a) the board of directors shall readopt bylaws for the association that are the same as the bylaws that were in existence at the time of termination or dissolution; and (b) all lot owners within the project are members of the reincorporated association.
Utah Code § 57-8a-702 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-702
§ 57-8a-702. Attorney fees.
Status: in_force

In an action to enforce this part, the court may award the prevailing party, in addition to any other available relief, an amount equal to the prevailing party's costs and reasonable attorney fees.