Utah Code § 57-8a-601 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-601
§ 57-8a-601. Consolidation of multiple associations.
Status: in_force

10/1/2026 (1) Two or more associations may be consolidated into a single association as provided in Title 16, Chapter 1a, Part 7, Merger, and this section. (2) Unless the declaration, articles, or bylaws otherwise provide, a declaration of consolidation between two or more associations to consolidate into a single association is not effective unless it is approved by the lot owners of each of the consolidating associations by the highest percentage of allocated voting interests of the lot owners required by each association to amend its respective declaration, articles, or bylaws. (3) A declaration of consolidation under Subsection (2) shall: (a) be prepared, executed, and certified by the president of each of the consolidating associations; and (b) provide for the reallocation of the allocated interests in the consolidated association by stating: (i) the reallocations of the allocated interests in the consolidated association or the formulas used to reallocate the allocated interests; or (ii) (A) the percentage of overall allocated interests of the consolidated association that are allocated to all of the lots comprising each of the consolidating associations; and (B) that the portion of the percentages allocated to each lot formerly comprising a part of a consolidating association is equal to the percentages of allocated interests allocated to the lot by the declaration of the consolidating association. (4) A declaration of consolidation under Subsection (2) is not effective until it is recorded in the office of each applicable county recorder. (5) Unless otherwise provided in the declaration of consolidation: (a) the consolidated association resulting from a consolidation under this section is the legal successor for all purposes of all of the consolidating associations; (b) the operations and activities of all of the consolidating associations shall be consolidated into the consolidated association; and (c) the consolidated association holds all powers, rights, obligations, assets, and liabilities of all consolidating associations.10/1/2026 (1) Two or more associations may be consolidated into a single association as provided in Title 16, Chapter 1a, Part 7, Merger, and this section. (2) Unless the declaration, articles, or bylaws otherwise provide, a declaration of consolidation between two or more associations to consolidate into a single association is not effective unless it is approved by the lot owners of each of the consolidating associations by the highest percentage of allocated voting interests of the lot owners required by each association to amend its respective declaration, articles, or bylaws. (3) A declaration of consolidation under Subsection (2) shall: (a) be prepared, executed, and certified by the president of each of the consolidating associations; and (b) provide for the reallocation of the allocated interests in the consolidated association by stating: (i) the reallocations of the allocated interests in the consolidated association or the formulas used to reallocate the allocated interests; or (ii) (A) the percentage of overall allocated interests of the consolidated association that are allocated to all of the lots comprising each of the consolidating associations; and (B) that the portion of the percentages allocated to each lot formerly comprising a part of a consolidating association is equal to the percentages of allocated interests allocated to the lot by the declaration of the consolidating association. (4) A declaration of consolidation under Subsection (2) is not effective until it is recorded in the office of each applicable county recorder. (5) Unless otherwise provided in the declaration of consolidation: (a) the consolidated association resulting from a consolidation under this section is the legal successor for all purposes of all of the consolidating associations; (b) the operations and activities of all of the consolidating associations shall be consolidated into the consolidated association; and (c) the consolidated association holds all powers, rights, obligations, assets, and liabilities of all consolidating associations.
Utah Code § 57-8-6.7 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-6.7
§ 57-8-6.7. Approval of plans.
Status: in_force

(1) As used in this section: (a) "Plan fee" means a fee that an association of unit owners charges for review and approval of unit plans. (b) "Unit plans" means plans: (i) for the construction or improvement of a unit; and (ii) that are required to be approved by the association of unit owners before the unit construction or improvement may occur. (2) An association of unit owners may not charge a plan fee that exceeds the actual cost of reviewing and approving the unit plans. (3) If the association denies a unit plan, the association shall provide written notice to the unit owner specifying: (a) each governing document provision on which the association relied when denying the plan; and (b) the specific aspect of the proposed plan that does not conform to the specified governing document provision.
Utah Code § 57-19-9 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-9
§ 57-19-9. Duration of registration -- Amendment and renewal -- Supplemental disclosure -- Notice of amendment.
Status: in_force

(1) Registration of a development is effective for a period of one year and may, upon application, be renewed for successive periods of one year each. (2) (a) A registration may be amended at any time, for any reason, by filing an amended application for registration. (b) The amended registration shall become effective in accordance with Section 57-19-6. (3) (a) The developer shall supplement the property report as often as is necessary to keep the required information reasonably current. (b) The supplements described in Subsection (3)(a) shall be filed with the director in accordance with Section 57-19-8. (4) (a) A developer shall provide timely notice to the director of any event that occurs that could result in a material adverse effect on the conduct of the operation of the development. (b) In addition to the notification described in Subsection (4)(a), the developer shall, within 30 days after the day on which an event described in Subsection (4)(a) occurs, file an amendment to the registration disclosing the information previously provided. (5) Each application for renewal of a registration and each supplementary filing described in this section shall be accompanied by a fee of $200.
Utah Code § 57-20-1 — Utah Code / Title 57 / Chapter 57-20 / § 57-20-1
§ 57-20-1. Rent and fee control prohibition.
Status: in_force

(1) A county, city, or town may not enact an ordinance or resolution that would control rents or fees on private residential property unless it has the express approval of the Legislature. (2) This section does not impair the right of a state agency, county, city, or town to enforce its zoning, building, and planning authority.
Utah Code § 57-14-401 — Utah Code / Title 57 / Chapter 57-14 / § 57-14-401
§ 57-14-401. Activities with a recreational purpose on certain lands.
Status: in_force

(1) Notwithstanding Section 57-14-202 to the contrary, a person may not make a claim against or recover from an owner of any land, including land in developed or improved, urban or semi-rural areas opened to the general public without charge, such as a lake, pond, park, trail, waterway, or other recreation site, for personal injury or property damage caused either directly or indirectly by participating in an activity with a recreational purpose on the land. (2) Nothing in this section may be construed to relieve a person participating in a recreational purpose from an obligation that the person would have in the absence of this section to exercise due care or from the legal consequences of a failure to exercise due care.
Utah Code § 57-8-7.2 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-7.2
§ 57-8-7.2. Scope -- Designation of certain areas.
Status: in_force

(1) Unless otherwise provided in the declaration, this section applies to a unit if the declaration designates a wall, floor, or ceiling as a boundary of the unit. (2) (a) The following are part of a unit: (i) lath; (ii) furring; (iii) wallboard; (iv) plasterboard; (v) plaster; (vi) paneling; (vii) tiles; (viii) wallpaper; (ix) paint; (x) finished flooring; and (xi) any other material constituting part of the finished surface of a wall, floor, or ceiling. (b) Any portion of a wall, floor, or ceiling not listed in Subsection (2)(a) is part of the common areas and facilities. (3) If a chute, flue, duct, pipe, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit: (a) any portion of an item described in this Subsection (3) serving only that unit is part of the limited common areas and facilities; and (b) any portion of an item described in this Subsection (3) is part of the common areas and facilities if the item serves: (i) more than one unit; or (ii) any portion of the common areas and facilities. (4) Subject to Subsection (3), the following within the boundaries of a unit are part of the unit: (a) spaces; (b) interior partitions; and (c) other fixtures and improvements. (5) The following, if designated to serve a single unit but located outside the unit's boundaries, are limited common areas and facilities allocated exclusively to a unit: (a) a shutter; (b) an awning; (c) a window box; (d) a doorstep; (e) a stoop; (f) a porch; (g) a balcony; (h) a patio; (i) an exterior door; (j) an exterior window; and (k) any other fixture.
Utah Code § 57-19-17 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-17
§ 57-19-17. Administrative procedures.
Status: in_force

(1) The director may summarily deny an application for registration under any of the provisions of Section 57-19-13 or 57-19-16. If a registration is denied, the applicant may, within 10 days after receipt of notice of the denial, request a hearing before an administrative law judge. The director shall schedule the hearing within 30 days after receipt of the applicant's request and give notice of the hearing in writing to the applicant, specifying the reasons for denial of the registration. If, as a result of the hearing, it is determined that the applicant is qualified to be registered, the registration shall be issued. (2) Before an existing registration is suspended or revoked, or a fine imposed, the director shall schedule a hearing before an administrative law judge and give notice in writing to the affected person as prescribed in Title 13, Chapter 1, Department of Commerce, and the rules of procedure for hearings before the Department of Commerce. If, as a result of the hearing, the administrative law judge finds that there has been a violation of this chapter, the registration shall be suspended or revoked, or a fine imposed, by written order of the director in concurrence with the executive director. (3) The developer or salesperson has the right to appear at the hearing, in person or by counsel, to be heard and to examine witnesses appearing in connection with the complaint. At the hearing, all witnesses shall be sworn by the administrative law judge, and stenographic notes or a tape recording of the proceeding shall be taken and filed as a part of the record in the case. Any party to the proceeding shall be furnished a copy of the stenographic notes or tape recording at a reasonable cost. The administrative law judge shall render a decision within 60 days after the completion of the hearing. The executive director and the director shall concurrently make the final decision and promptly notify the parties to the proceedings, in writing, of the ruling, order, or decision. (4) The developer or salesperson, or any person aggrieved, may appeal any adverse ruling, order, or decision of the executive director and the director to the district court for the county in which the hearing was held, within 30 days from the date of service of notice of the ruling, order, or decision upon the developer, salesperson, or aggrieved person. At the time of filing the notice of appeal, the appellant shall file with the notice a bond for costs on appeal in the amount of $200, conditioned to secure the payment of costs if the appeal is dismissed or the judgment affirmed.
Utah Code § 57-2-12 — Utah Code / Title 57 / Chapter 57-2 / § 57-2-12
§ 57-2-12. Certificate of proof by subscribing witness.
Status: in_force

No certificate of such proof shall be made unless such subscribing witness shall prove that the person whose name is subscribed thereto as a party is the person described in, and who executed, the same; that such person executed the conveyance, and that such person signed thereto as a witness thereof at the request of the maker of such instrument.
Utah Code § 57-11-21 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-21
§ 57-11-21. Uniformity of construction.
Status: in_force

This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Utah Code § 57-8-23 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-23
§ 57-8-23. Removal no bar to subsequent resubmission.
Status: in_force

The removal provided for in Section 57-8-22 does not bar the subsequent resubmission of the property to the provisions of this chapter.
Utah Code § 57-1-43 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-43
§ 57-1-43. Application of provisions.
Status: in_force

The provisions of Sections 57-1-39 through 57-1-42 apply to any obligation secured by a trust deed or mortgage that was paid prior to, on, or after May 1, 1995.
Utah Code § 57-19-21 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-21
§ 57-19-21. Voidable agreements.
Status: in_force

(1) Any agreement to purchase an interest in a development that violates Section 57-19-4 or 57-19-14 may, at the option of the purchaser, be voided and the purchaser's entire consideration recovered together with interest at the legal rate, costs, and reasonable attorney fees. (2) No suit under this section may be brought more than two years after the later of: (a) the day on which the agreement is signed; or (b) the day on which the purchaser knew or reasonably should have known of the violation.
Utah Code § 57-8a-229 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-229
§ 57-8a-229. Liability of declarant or board of directors -- Period of administrative control.
Status: in_force

(1) An association may not, after the period of administrative control, bring a legal action against a declarant, a board of directors, or an employee, an independent contractor, or the agent of the declarant or the previous board of directors related to the period of administrative control unless: (a) the legal action is approved in advance at a meeting where owners of at least 51% of the allocated voting interests of the lot owners in the association are: (i) present; or (ii) represented by a proxy specifically assigned for the purpose of voting to approve or deny the legal action at the meeting; (b) the legal action is approved by vote in person or by proxy of owners of the lesser of: (i) more than 75% of the allocated voting interests of the lot owners present at the meeting or represented by a proxy as described in Subsection (1)(a); or (ii) more than 51% of the allocated voting interests of the lot owners in the association; (c) the association provides each lot owner with the items described in Subsection (2); (d) the association establishes the trust described in Subsection (3); and (e) the association first: (i) notifies the person subject to the proposed legal action of the legal action and basis of the association's claim; and (ii) gives the person subject to the claim a reasonable opportunity to resolve the dispute that is the basis of the proposed legal action. (2) Before lot owners in an association may vote to approve an action described in Subsection (1), the association shall provide each lot owner: (a) a written notice that the association is contemplating legal action; and (b) after the association consults with an attorney licensed to practice in the state, a written assessment of: (i) the likelihood that the legal action will succeed; (ii) the likely amount in controversy in the legal action; (iii) the likely cost of resolving the legal action to the association's satisfaction; and (iv) the likely effect the legal action will have on a lot owner's or prospective lot buyer's ability to obtain financing for a lot while the legal action is pending. (3) Before the association commences a legal action described in Subsection (1), the association shall: (a) allocate an amount equal to 10% of the cost estimated to resolve the legal action, not including attorney fees; and (b) place the amount described in Subsection (3)(a) in a trust that the association may only use to pay the costs to resolve the legal action. (4) This section does not apply to an association that brings a legal action that has an amount in controversy of less than $75,000. (5) In a legal action brought by one or more lot owners solely against the declarant before the end of the period of declarant control, a declarant may not use any funds paid by a lot owner to the association to pay for costs of the declarant's legal defense.
Utah Code § 57-8-24 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-24
§ 57-8-24. Common profits, common expenses, and voting rights -- Unit -- Unconstructed unit.
Status: in_force

(1) A unit is created by the recording of the declaration and a condominium plat that describes the unit. (2) An association of unit owners shall, according to each unit owner's respective percentage or fractional undivided interests in the common areas and facilities: (a) distribute the property's common profits among the unit owners; (b) except as otherwise provided in the declaration for unconstructed units, assess the unit owners the property's common expenses; and (c) make voting rights available to the unit owners. (3) (a) After the recording of a condominium project's declaration, an unconstructed unit is a unit for the purposes of the declaration and this chapter, including: (i) allocation of undivided interests in the common areas and facilities in accordance with Subsection 57-8-7(2); and (ii) voting rights in accordance with Section 57-8-24. (b) Subsection (3)(a) applies to a condominium project regardless of when the condominium project's initial declaration was recorded.
Utah Code § 57-12-9 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-9
§ 57-12-9. Rules of displacing agency.
Status: in_force

(1) (a) A displacing agency may enact rules to assure that: (i) the payments and assistance authorized by this chapter are administered in a manner that is fair, reasonable, and as uniform as practicable; (ii) a displaced person who makes proper application for a payment authorized by this chapter is paid promptly after a move or, in hardship cases, is paid in advance; and (iii) any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have the person's application reviewed by the head of the displacing agency. (b) Each displacing agency that has not adopted rules under Subsection (1)(a) shall comply with the rules promulgated by the Utah Department of Transportation relating to displaced persons in right-of-way acquisitions. (2) Each displacing agency shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings. (3) (a) For a financial assistance claim made by a displaced person under this chapter or 42 U.S.C. Secs. 4601-4655, for which the Department of Transportation is the displacing agency in a circumstance described in Subsection (3)(b), the Department of Transportation shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procure, appoint, and cover the costs of: (i) an administrative law judge to preside over the proceedings; and (ii) a stenographer to record and transcribe any relevant hearing or proceeding. (b) The requirements of Subsection (3)(a) shall apply to any financial assistance claim by a displaced person where: (i) the financial assistance claim is valued at more than $50,000; or (ii) there is a question of law affecting the denial of a financial assistance claim. (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Transportation may make rules to establish administrative procedures in accordance with this part.
Utah Code § 57-21-5 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-5
§ 57-21-5. Discriminatory practices enumerated -- Protected individuals, classes enumerated.
Status: in_force

(1) It is a discriminatory housing practice to do any of the following because of an individual's race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity: (a) (i) refuse to sell or rent after the making of a bona fide offer; (ii) refuse to negotiate for the sale or rental; or (iii) otherwise deny or make unavailable a dwelling from any person; (b) discriminate against an individual in the terms, conditions, or privileges: (i) of the sale or rental of a dwelling; or (ii) in providing facilities or services in connection with the dwelling; or (c) represent to an individual that a dwelling is not available for inspection, sale, or rental when the dwelling is available. (2) It is a discriminatory housing practice to make a representation orally or in writing or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or posted any notice, statement, or advertisement, or to use any application form for the sale or rental of a dwelling, that directly or indirectly expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity, or expresses an intent to make such a preference, limitation, or discrimination. (3) It is a discriminatory housing practice to induce or attempt to induce, for profit, a person to buy, sell, or rent a dwelling by making a representation about the entry or prospective entry into the neighborhood of individuals of a particular race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity. (4) A discriminatory housing practice includes: (a) a refusal to permit, at the expense of the individual with a disability, reasonable modifications of existing premises occupied or to be occupied by the individual if the modifications are necessary to afford that individual full enjoyment of the premises, except that in the case of a rental, the landlord, where it is reasonable to do so, may condition permission for a modification on the renter agreeing to restore the interior of the premises, when reasonable, to the condition that existed before the modification, reasonable wear and tear excepted; and (b) a refusal to make a reasonable accommodation in a rule, policy, practice, or service when the accommodation may be necessary to afford the individual equal opportunity to use and enjoy a dwelling. (5) For the design and construction of a covered multifamily dwelling for first occupancy after March 13, 1991, a discriminatory housing practice includes the failure to design and construct the covered multifamily dwelling in a manner that has at least one building entrance on an accessible route, unless it is impracticable to have one because of the terrain or unusual characteristics of the site, and for a covered multifamily dwelling with a building entrance on an accessible route: (a) the public use and common use portions of the covered multifamily dwelling are readily accessible to and usable by an individual with a disability; (b) all the doors designed to allow passage into and within the covered multifamily dwellings are sufficiently wide to allow passage by an individual with a disability who is in a wheelchair; and (c) all premises within the covered multifamily dwellings contain the following features of adaptive design: (i) an accessible route into and through the covered multifamily dwelling; (ii) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (iii) reinforcements in the bathroom walls to allow later installation of grab bars; and (iv) kitchens and bathrooms such that an individual in a wheelchair can maneuver about and use the space. (6) (a) 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 an individual's association with another individual. (b) (i) It is not unlawful discrimination under this chapter for a landlord, lessor, or property manager to: (A) designate housing as single-sex housing; and (B) limit occupancy of single-sex housing to individuals whose biological sex at birth matches the designated sex for the single-sex housing. (ii) Subsection (6)(b)(i) applies to: (A) a dormitory, a boarding house, a shared rental property, or other group-living accommodation; and (B) a private landlord and a property owner. (iii) This exemption does not apply to: (A) housing that the state or a political subdivision owns or operates unless otherwise expressly provided by law; or (B) housing where the designation as single-sex housing would violate federal law or a condition of federal funding.
Utah Code § 57-3-201 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-201
§ 57-3-201. Definitions.
Status: in_force

As used in this part, "master form" means a mortgage or trust deed used as a master or similar standardized form that is drafted and recorded in accordance with this part to be incorporated in whole or in part into multiple mortgages or trust deeds.
Utah Code § 57-11-3.5 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-3.5
§ 57-11-3.5. Procedures -- Adjudicative proceedings.
Status: in_force

The Division of Real Estate shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
Utah Code § 57-16-5 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-5
§ 57-16-5. Cause required for terminating lease -- Causes -- Cure periods -- Notice.
Status: in_force

(1) An agreement for the lease of mobile home space in a mobile home park may be terminated by mutual agreement or for any one or more of the following causes: (a) failure of a resident to comply with a mobile home park rule: (i) relating to repair, maintenance, or construction of awnings, skirting, decks, or sheds for a period of 60 days after receipt by a resident of a written notice of noncompliance from the mobile home park under Subsection 57-16-4.1(1); or (ii) relating to any other park rule for a period of seven days after the latter to occur of settlement discussion expiration or receipt by the resident of a written notice of noncompliance from the mobile home park, except relating to maintenance of a resident's yard and space, the mobile home park may elect not to proceed with the seven-day cure period and may provide the resident with written notice as provided in Subsection (2); (b) repeated failure of a resident to abide by a mobile home park rule, if the original written notice of noncompliance states that another violation of the same or a different rule might result in forfeiture without any further period of cure; (c) behavior by a resident or any other person who resides with a resident, or who is an invited guest or visitor of a resident, that threatens or substantially endangers the security, safety, well-being, or health of other persons in the park or threatens or damages property in the park including: (i) use or distribution of illegal drugs; (ii) distribution of alcohol to minors; or (iii) commission of a crime against property or a person in the park; (d) nonpayment of rent, fees, or service charges for a period of five days after the due date; (e) a change in the land use or condemnation of the mobile home park or any part of it; (f) failure by a mobile home park resident to enter into a written lease with the mobile home park that is offered by the mobile home park; or (g) a prospective resident provides materially false information on the application for residency regarding the prospective resident's criminal history. (2) If the mobile home park elects not to proceed with the seven-day cure period in Subsection (1)(a)(ii), a 15-day written notice of noncompliance shall: (a) state that if the resident does not perform the resident's duties or obligations under the lease agreement or rules of the mobile home park within 15 days after receipt by the resident of the written notice of noncompliance, the mobile home park may enter onto the resident's space and cure any default; (b) state the expected reasonable cost of curing the default; (c) require the resident to pay all costs incurred by the mobile home park to cure the default by the first day of the month following receipt of a billing statement from the mobile home park; (d) state that the payment required under Subsection (2)(b) shall be considered additional rent; and (e) state that the resident's failure to make the payment required by Subsection (2)(b) in a timely manner shall be a default of the resident's lease and shall subject the resident to all other remedies available to the mobile home park for a default, including remedies available for failure to pay rent. (3) Notwithstanding Subsection (1), a mobile home park may evict under Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer, an individual who: (a) has not entered into a written agreement with the mobile home park; and (b) is residing in the mobile home park in violation of this chapter or a mobile home park rule.
Utah Code § 57-19-14 — Utah Code / Title 57 / Chapter 57-19 / § 57-19-14
§ 57-19-14. Registration of salesperson.
Status: in_force

Except as provided in Section 57-19-26, it is unlawful for a person to act as a salesperson and market a development in this state without first registering under this chapter as a salesperson.
Utah Code § 57-3-106 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-106
§ 57-3-106. Original documents required -- Captions -- Legibility.
Status: in_force

(1) A person may not present and a county recorder may refuse to accept a document for recording if the document does not comply with this section. (2) (a) Unless otherwise provided, a document presented for recording in the office of the county recorder shall: (i) (A) be an original; or (B) be an electronic document that satisfies the requirements under Title 17, Chapter 71, Part 6, Uniform Real Property Electronic Recording Act; (ii) contain a brief caption on the first page of the document stating the nature of the document; and (iii) contain a legal description of the property as required under Section 57-3-105. (b) If a document is a master form, as defined in Section 57-3-201, the caption required by Subsection (2)(a)(ii) shall state that the document is a master form. (3) A court judgment or an abstract of a court judgment presented for recording in the office of the county recorder in compliance with Section 78B-5-202 shall: (a) be an original, a certified copy, or an electronic document that satisfies the requirements under Title 17, Chapter 71, Part 6, Uniform Real Property Electronic Recording Act; and (b) include the information identifying the judgment debtor as referred to in Subsection 78B-5-201(4)(b) either: (i) in the judgment or abstract of judgment; or (ii) as a separate information statement of the judgment creditor as referred to in Subsection 78B-5-201(5). (4) A judgment, abstract of judgment, or separate information statement of the judgment creditor does not require an acknowledgment, a legal description, or notarization to be recorded. (5) A foreign judgment or an abstract of a foreign judgment recorded in the office of a county recorder shall include the affidavit as required in Section 78B-5-303. (6) Any document recorded in the office of the county recorder to release, assign, renew, or extend a judgment lien shall include: (a) the name of any judgment creditor, debtor, assignor, or assignee; (b) the date on which the instrument creating the lien was recorded in the office of the county recorder; (c) the entry number and book and page of the recorded instrument creating the judgment lien; and (d) the date on which the document is recorded. (7) A document presented for recording shall be sufficiently legible for the recorder to make certified copies of the document. (8) (a) (i) A document that is of record in the office of the appropriate county recorder in compliance with this chapter may not be recorded again in that same county recorder's office unless the original document has been reexecuted by all parties who executed the document. (ii) Unless exempt by statute, an original document that is reexecuted shall contain the appropriate acknowledgment, proof of execution, jurat, or other notarial certification for all parties who are reexecuting the document as required by Title 46, Chapter 1, Notaries Public Reform Act, and Title 57, Chapter 2, Acknowledgments. (iii) A document submitted for rerecording shall contain a brief statement explaining the reason for rerecording. (b) A person may not present and a county recorder may refuse to accept a document for rerecording if that document does not conform to this section. (c) This Subsection (8) applies only to documents executed after July 1, 1998. (9) Minor typographical or clerical errors in a document of record may be corrected by the recording of an affidavit or other appropriate instrument. (10) (a) Except as required by federal law, or by agreement between a borrower under the trust deed and a grantee under the trustee's deed, and subject to Subsection (10)(b), neither the recordation of an affidavit under Subsection (9) nor the reexecution and rerecording of a document under Subsection (8): (i) divests a grantee of any real property interest; (ii) alters an interest in real property; or (iii) returns to the grantor an interest in real property conveyed by statute. (b) A person who reexecutes and rerecords a document under Subsection (8), or records an affidavit under Subsection (9), shall include with the document or affidavit a notice containing the name and address to which real property valuation and tax notices shall be mailed.
Utah Code § 57-27-203 — Utah Code / Title 57 / Chapter 57-27 / § 57-27-203
§ 57-27-203. Decontamination of real property.
Status: in_force

(1) A government subdivision or agency may charge an owner or lessor a fee, in accordance with the provisions of Section 63J-1-504, for: (a) a permit issued by the subdivision or agency to decontaminate a property; (b) the subdivision or agency to determine whether or not the property has been decontaminated; and (c) any other related service provided by the subdivision or agency, including investigation or decontamination of the property. (2) A government subdivision or agency may not prohibit an owner or lessor from decontaminating the owner's or lessor's real property.
Utah Code § 57-2a-1 — Utah Code / Title 57 / Chapter 57-2a / § 57-2a-1
§ 57-2a-1. Short title.
Status: in_force

This chapter is known as the "Recognition of Acknowledgments Act."
Utah Code § 57-8a-311 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-311
§ 57-8a-311. Statement from association's manager or board of unpaid assessment.
Status: in_force

(1) An association's manager or board shall issue a written statement indicating any unpaid assessment with respect to a lot owner's lot upon: (a) a written request by the lot 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 § 57-11-17 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-17
§ 57-11-17. Violations -- Civil remedies.
Status: in_force

(1) (a) A person is liable as provided in Subsection (1)(b) if that person: (i) disposes of subdivided lands in violation of Subsection 57-11-5(1), (2), or (3); (ii) in disposing of subdivided lands, makes an untrue statement of a material fact; or (iii) in disposing of subdivided lands, omits a material fact required to be stated in a registration statement, public offering statement, statement of record or public report, necessary to make the statements made not misleading. (b) A person described in Subsection (1)(a) is liable as provided in this section to the purchaser unless, in the case of an untruth or omission, it is proved that: (i) the purchaser knew of the untruth or omission; or (ii) the person offering or disposing of subdivided lands did not know and in the exercise of reasonable care could not have known of the untruth or omission. (2) In addition to any other remedies, the purchaser under Subsection (1) may recover the consideration paid for the unit together with interest at the rate of 7% per year from the date of payment, property taxes paid, costs, and reasonable attorney fees, less the amount of any income received from the subdivided lands, upon tender of appropriate instruments of reconveyance. If the purchaser no longer owns the unit, the purchaser may recover the amount that would be recoverable upon a tender of a reconveyance, less the value of the land when disposed of and less interest at the rate of 7% per year on that amount from the date of disposition. (3) Every person who directly or indirectly controls a subdivider liable under Subsection (1), every general partner, officer, or director of a subdivider, every person occupying a similar status or performing a similar function, every employee of the subdivider who materially aids in the disposition, and every agent who materially aids in the disposition is also liable jointly and severally with and to the same extent as the subdivider, unless the person otherwise liable sustains the burden of proof that the person did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist. There is a right to contribution as in cases of contract among persons so liable. (4) Every person whose occupation gives authority to a statement which with that person's consent has been used in an application for registration, public offering statement, statement of record or public report, if the person is not otherwise associated with the subdivision and development plan in a material way, is liable only for false statements and omissions in the person's statement and only if the person fails to prove that the person did not know and in the exercise of the reasonable care of a person in the person's occupation could not have known of the existence of the facts by reason of which the liability is alleged to exist. (5) A tender of reconveyance may be made at any time before the entry of judgment. (6) A person may not recover under this section in actions commenced more than four years after the person's first payment of money to the subdivider in the contested action. (7) Any stipulation or provision purporting to bind any person acquiring subdivided lands to waive compliance with this chapter or any rule or order under it is void.
Utah Code § 57-28-302 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-302
§ 57-28-302. Treatment of loan proceeds -- Effect on assistance eligibility.
Status: in_force

For purposes of determining a borrower's eligibility and benefits for a means-tested program of aid to individuals: (1) a reverse mortgage loan payment made to a borrower shall be treated as proceeds from a loan and not as income; and (2) undisbursed funds under a reverse mortgage shall be treated as equity in the borrower's home and not as proceeds from a loan.
Utah Code § 57-8a-222 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-222
§ 57-8a-222. Removing or altering partition or creating aperture between dwelling units on adjoining lots.
Status: in_force

(1) Subject to the declaration, a lot owner may, after acquiring an adjoining lot with a dwelling unit that shares a common wall with a dwelling unit on the lot owner's lot: (a) remove or alter a partition between the lot owner's lot and the acquired lot, even if the partition is entirely or partly common areas; or (b) create an aperture to the adjoining lot or portion. (2) A lot owner may not take an action under Subsection (1) if the action would: (a) impair the structural integrity or mechanical systems of the building or either lot; (b) reduce the support of any portion of the common areas or another lot; or (c) constitute a violation of Section 10-20-811 or 17-79-711, as applicable, a local government land use ordinance, or a building code. (3) The board may require a lot owner to submit, at the lot owner's expense, a registered professional engineer's or registered architect's opinion stating that a proposed change to the lot owner's lot will not: (a) impair the structural integrity or mechanical systems of the building or either lot; (b) reduce the support or integrity of common areas; or (c) compromise structural components. (4) The board may require a lot owner to pay all of the association's legal and other expenses related to a proposed alteration to the lot or building under this section. (5) An action under Subsection (1) does not change an assessment or voting right attributable to the lot owner's lot or the acquired lot, unless the declaration provides otherwise.
Utah Code § 57-1-45.5 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-45.5
§ 57-1-45.5. Conveyance document for a boundary adjustment -- Form and effect.
Status: in_force

(1) A conveyance document, as defined in Sections 10-20-102 and 17-79-102, for a boundary adjustment shall comply with this section. (2) A conveyance document shall include: (a) the name and signature of each party to the conveyance document; (b) the address of each party to the conveyance document for assessment purposes; (c) a legal description of the parcel or lot owned by each party before the boundary adjustment; (d) a legal description of the parcel or lot owned by each party after the boundary adjustment; and (e) sufficient language to convey title from one party to another party, in conformity with the proposed boundary adjustment. (3) In addition to the information required in Subsection (2), a conveyance document shall include as an exhibit, in a legible and recordable format: (a) a visual or graphic of the proposed boundary adjustment and all properties affected by the proposed boundary adjustment, depicting: (i) the former boundary location; (ii) the new boundary location; and (iii) the size, shape, and dimensions of each adjusted parcel or lot; (b) if the property owners have conducted a survey, a reference to the record of the survey map, as defined in Section 17-73-504, showing: (i) existing dwellings, outbuildings, improvements, and other physical features; (ii) existing easements, rights-of-way, conditions, or restrictions recorded or apparent; (iii) the former boundary location; (iv) the new boundary location; (v) the size, shape, and dimensions of each adjusted lot or adjusted parcel; and (vi) other existing or proposed improvements that impact or are subject to land use regulations; and (c) if the conveyance document addresses a boundary adjustment that requires an amendment to a subdivision plat under Section 10-20-906 or 17-79-806, the amendment to the subdivision plat. (4) (a) A conveyance document is effective on the day it is recorded as part of a boundary adjustment. (b) Before recording a conveyance document, a county recorder shall confirm that the conveyance document is: (i) in a legible and recordable format, including any exhibit to the conveyance document; and (ii) accompanied by a notice of consent to the boundary adjustment from a land use authority under Subsection 10-20-906(3) or (6) or Subsection 17-79-806(3) or (6). (c) Upon receipt of a conveyance document, or any exhibit to a conveyance document, that is not in a legible and recordable format, a county recorder shall provide the person submitting the conveyance document with an explanation of the corrections necessary to record the conveyance document. (5) The recording of a boundary adjustment presumptively: (a) relocates an existing boundary by creating a new boundary between the adjoining properties; (b) changes the size, shape, or configuration of two or more adjoining lots or parcels; (c) does not affect any previously recorded easement unless the easement is expressly and properly modified by the boundary adjustment; and (d) affixes the ownership of the adjoining parties to the adjusted boundary.
Utah Code § 57-8-55 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-55
§ 57-8-55. Consolidation of multiple associations of unit owners.
Status: in_force

10/1/2026 (1) Two or more associations of unit owners may be consolidated into a single association of unit owners as provided in Title 16, Chapter 1a, Part 7, Merger, and this section. (2) Unless the declaration, articles, or bylaws otherwise provide, a declaration of consolidation between two or more associations of unit owners to consolidate into a single association of unit owners is not effective unless it is approved by the unit owners of each of the consolidating associations of unit owners, by the highest percentage of allocated voting interests of the unit owners required by each association of unit owners to amend its respective declaration, articles, or bylaws. (3) A declaration of consolidation under Subsection (2) shall: (a) be prepared, executed, and certified by the president of the association of each of the consolidating associations of unit owners; and (b) provide for the reallocation of the allocated interests in the consolidated association by stating: (i) the reallocations of the allocated interests in the consolidated association of unit owners or the formulas used to reallocate the allocated interests; or (ii) (A) the percentage of overall allocated interests of the consolidated association of unit owners that are allocated to all of the units comprising each of the consolidating associations of unit owners; and (B) that the portion of the percentages allocated to each unit formerly comprising a part of a consolidating association of unit owners is equal to the percentages of allocated interests allocated to the unit by the declaration of the consolidating association of unit owners. (4) A declaration of consolidation under Subsection (2) is not effective until it is recorded in the office of each applicable county recorder. (5) Unless otherwise provided in the declaration of consolidation, the consolidated association of unit owners resulting from a consolidation under this section: (a) is the legal successor for all purposes of all of the consolidating associations of unit owners; (b) the operations and activities of all of the consolidating associations of unit owners shall be consolidated into the consolidated association of unit owners; and (c) the consolidated association of unit owners holds all powers, rights, obligations, assets, and liabilities of all consolidating associations of unit owners.10/1/2026 (1) Two or more associations of unit owners may be consolidated into a single association of unit owners as provided in Title 16, Chapter 1a, Part 7, Merger, and this section. (2) Unless the declaration, articles, or bylaws otherwise provide, a declaration of consolidation between two or more associations of unit owners to consolidate into a single association of unit owners is not effective unless it is approved by the unit owners of each of the consolidating associations of unit owners, by the highest percentage of allocated voting interests of the unit owners required by each association of unit owners to amend its respective declaration, articles, or bylaws. (3) A declaration of consolidation under Subsection (2) shall: (a) be prepared, executed, and certified by the president of the association of each of the consolidating associations of unit owners; and (b) provide for the reallocation of the allocated interests in the consolidated association by stating: (i) the reallocations of the allocated interests in the consolidated association of unit owners or the formulas used to reallocate the allocated interests; or (ii) (A) the percentage of overall allocated interests of the consolidated association of unit owners that are allocated to all of the units comprising each of the consolidating associations of unit owners; and (B) that the portion of the percentages allocated to each unit formerly comprising a part of a consolidating association of unit owners is equal to the percentages of allocated interests allocated to the unit by the declaration of the consolidating association of unit owners. (4) A declaration of consolidation under Subsection (2) is not effective until it is recorded in the office of each applicable county recorder. (5) Unless otherwise provided in the declaration of consolidation, the consolidated association of unit owners resulting from a consolidation under this section: (a) is the legal successor for all purposes of all of the consolidating associations of unit owners; (b) the operations and activities of all of the consolidating associations of unit owners shall be consolidated into the consolidated association of unit owners; and (c) the consolidated association of unit owners holds all powers, rights, obligations, assets, and liabilities of all consolidating associations of unit owners.
Utah Code § 57-22-5 — Utah Code / Title 57 / Chapter 57-22 / § 57-22-5
§ 57-22-5. Renter's duties -- Cleanliness and sanitation -- Compliance with written agreement -- Destruction of property, interference with peaceful enjoyment prohibited.
Status: in_force

(1) Each renter shall: (a) comply with the rules of the board of health having jurisdiction in the area in which the residential rental unit is located which materially affect physical health and safety; (b) maintain the premises occupied in a clean and safe condition and shall not unreasonably burden any common area; (c) dispose of all garbage and other waste in a clean and safe manner; (d) maintain all plumbing fixtures in as sanitary a condition as the fixtures permit; (e) use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner; (f) occupy the residential rental unit in the manner for which it was designed, but the renter may not increase the number of occupants above that specified in the rental agreement without written permission of the owner; (g) be current on all payments required by the rental agreement; and (h) comply with each rule, regulation, or requirement of the rental agreement, including any prohibition on, or the allowance of, smoking tobacco products within the residential rental unit, or on the premises, or both. (2) A renter may not: (a) intentionally or negligently destroy, deface, damage, impair, or remove any part of the residential rental unit or knowingly permit any person to do so; (b) interfere with the peaceful enjoyment of the residential rental unit of another renter; or (c) unreasonably deny access to, refuse entry to, or withhold consent to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs to the unit.
Utah Code § 57-8a-105 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-105
§ 57-8a-105. Registration with Department of Commerce.
Status: in_force

(1) As used in this section: (a) "Department" means the Department of Commerce created in Section 13-1-2. (b) "Office" means the Office of the Homeowners' Association Ombudsman created in Section 13-79-102. (2) (a) No later than 90 days after the recording of a declaration of covenants, conditions, and restrictions establishing an association, the association shall register with the department in the manner established by the department. (b) An association existing under a declaration of covenants, conditions, and restrictions recorded before May 10, 2011, shall, no later than July 1, 2011, register with the department in the manner established by the department. (3) The department shall require an association registering as required in this section to provide with each registration: (a) the name and address of the association; (b) the name, telephone number, and, if applicable, email address of the chair of the association board; (c) contact information for the manager; (d) the name, address, telephone number, and, if the contact person wishes to use email or facsimile transmission for communicating payoff information, the email address or facsimile number, as applicable, of a primary contact person who has association payoff information that a closing agent needs in connection with the closing of a lot owner's financing, refinancing, or sale of the owner's lot; (e) a registration fee that the department sets in accordance with Section 63J-1-504; and (f) a statement of whether or not the association imposes a reinvestment fee or a transfer fee in accordance with Section 57-1-46. (4) (a) An association shall annually renew the association's registration described in Subsection (2). (b) The department may impose and set the amount of a renewal registration fee in accordance with Section 63J-1-504. (5) An association that has registered under Subsection (2) shall submit to the department an update to the association's registration information, in the manner established by the department, within 90 days after a change in any of the information provided under Subsection (3). (6) (a) During any period of noncompliance with the registration requirement described in Subsection (2) or the requirement for an updated registration described in Subsection (5): (i) a lien may not arise under Section 57-8a-301; and (ii) an association may not enforce an existing lien that arose under Section 57-8a-301. (b) A period of noncompliance with the registration requirement of Subsection (2) or with the updated registration requirement of Subsection (5) does not begin until after the expiration of the 90-day period specified in Subsection (2) or (5), respectively. (c) An association that is not in compliance with the registration requirement described in Subsection (2) may end the period of noncompliance by registering with the department in the manner established by the department under Subsection (2). (d) An association that is not in compliance with the updated registration requirement described in Subsection (5) may end the period of noncompliance by submitting to the department an updated registration in the manner established by the department under Subsection (5). (e) Except as described in Subsection (6)(f), beginning on the date an association ends a period of noncompliance: (i) a lien may arise under Section 57-8a-301 for any event that: (A) occurred during the period of noncompliance; and (B) would have given rise to a lien under Section 57-8a-301 had the association been in compliance with the registration requirements described in this section; and (ii) an association may enforce a lien described in this Subsection (6)(e) or a lien that existed before the period of noncompliance. (f) If an owner's residential lot is conveyed to an independent third party during a period of noncompliance described in this Subsection (6): (i) a lien that arose under Section 57-8a-301 before the conveyance of the residential lot became final is extinguished when the conveyance of the residential lot becomes final; and (ii) an event that occurred before the conveyance of the residential lot became final, and that would have given rise to a lien under Section 57-8a-301 had the association been in compliance with the registration requirements of this section, may not give rise to a lien under Section 57-8a-301 if the conveyance of the residential lot becomes final before the association ends the period of noncompliance. (7) On the office's website, the office shall provide a disclaimer that states that a person may not rely upon the disclosure of a reinvestment fee or transfer fee that an association makes in accordance with Subsection (3)(f) when creating a document associated with the purchase of real property burdened by the reinvestment fee or transfer fee.
Utah Code § 57-1-22.5 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-22.5
§ 57-1-22.5. Notice of assignment of beneficial interest.
Status: in_force

(1) A recorded notice of assignment of a beneficial interest, executed by the assigning beneficiary, is prima facie evidence of an assignment of the trust deed as described in the notice. (2) The notice of assignment of a beneficial interest shall: (a) state: (i) the names of the original parties to the trust deed; (ii) the date the trust deed was recorded; (iii) (A) the book and page where the trust deed is recorded; or (B) the entry number where the trust deed is recorded; (iv) the legal description of the trust property; and (v) the name and address of the new beneficiary; and (b) be in substantially the following form:Notice of Assignment of Beneficial InterestThe undersigned hereby gives notice that it assigned and transferred all of its rights, title, and interest under the trust deed described below, together with all of the indebtedness secured thereby, to (insert name and address of current beneficiary) The trust deed was executed by ______ as trustor, in which ______ was the named beneficiary, ______ was the named trustee, and it was filed for record ______ (month/date/year), (in Book __, Page ____, Records of ______ County Recorder)/(as entry No. ______, _______ County), Utah. This notice of assignment of beneficial interest affects the property located in ___________________ County, State of Utah, and is described more specifically as follows: (insert legal description) Dated ___________________ Signature __________________________ (Certificate of Acknowledgment)
Utah Code § 57-16-7 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-7
§ 57-16-7. Rules of parks.
Status: in_force

(1) (a) (i) Subject to Subsection (1)(a)(ii), a mobile home park may make rules related to the health, safety, and appropriate conduct of residents and to the maintenance and upkeep of the mobile home park. (ii) A mobile home park may not make a rule that is unconscionable. (b) (i) No new or amended rule shall take effect, nor provide the basis for an eviction notice, until the expiration of at least: (A) 120 days after its promulgation if it is a rule that requires a resident to make exterior, physical improvements to the resident's mobile home or mobile home space and to incur expenses greater than $2,000 in order to comply with the rule; (B) 90 days after its promulgation if it is a rule that requires a resident to make exterior, physical improvements to the resident's mobile home or mobile home space and to incur expenses greater than $250 up to $2,000 in order to comply with the rule; or (C) 60 days after its promulgation if it is a rule that requires a resident to make exterior, physical improvements to the resident's mobile home or mobile home space and to incur expenses of $250 or less in order to comply with the rule. (ii) Each resident, as a condition precedent to a rule under this Subsection (1)(b) becoming effective, shall be provided with a copy of each new or amended rule that does not appear in the resident's lease agreement promptly upon promulgation of the rule. (iii) For purposes of determining which period of time applies under Subsection (1)(b)(i), the mobile home park may rely upon a good-faith estimate obtained by the mobile home park from a licensed contractor. (c) Within 30 days after the mobile home park proposes amendments to the mobile home park rules, the mobile home park shall schedule at least one meeting for the purpose of discussing the proposed rule amendments with residents and shall provide at least 10 days advance written notice of the date, time, location, and purposes of the meeting to all residents. (2) A mobile home park may specify the type of material used, and the methods used in the installation of, underskirting, awnings, porches, fences, or other additions or alterations to the exterior of a mobile home, and may also specify the tie-down equipment used in a mobile home space, in order to insure the safety and good appearance of the park; but under no circumstances may it require a resident to purchase such material or equipment from a supplier designated by the mobile home park. (3) No mobile home park may charge an entrance fee, exit fee, nor installation fee, but reasonable landscaping and maintenance requirements may be included in the mobile home park rules. The resident is responsible for all costs incident to connection of the mobile home to existing mobile home park facilities and for the installation and maintenance of the mobile home on the mobile home space. (4) Nothing in this section shall be construed to prohibit a mobile home park from requiring a reasonable initial security deposit.
Utah Code § 57-8-39 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-39
§ 57-8-39. 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 unit owners with more than 67% of the voting interests; (B) the approval of any specific unit 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 of unit owners. (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. (b) Subsection (1)(a) does not apply to an amendment affecting only: (i) the undivided interest of each unit owner in the common areas and facilities, as expressed in the declaration; (ii) unit boundaries; or (iii) unit owners' voting rights. (c) The management committee may not amend a declaration. (2) (a) A contract for services such as garbage collection, maintenance, lawn care, or snow removal executed on behalf of the association of unit owners during a period of administrative control is binding beyond the period of administrative control unless terminated by the management committee 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 declarant. (5) This section applies to an association of unit owners regardless of when the association of unit owners is created.
Utah Code § 57-8-13.8 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-13.8
§ 57-8-13.8. Contraction of project.
Status: in_force

A condominium project may be contracted under the provisions of the declaration and the provisions of this chapter. Any such contraction shall be considered to have occurred at the time of the recordation of an amendment to the declaration, executed by the declarant, containing a legal description by metes and bounds of the land withdrawn from the condominium project. If portions of the withdrawable land were described pursuant to Subsection 57-8-10(5)(a)(iv), then no described portion may be so withdrawn after the conveyance of any unit on the portion. If no withdrawable portions were described, then none of the withdrawable land may be withdrawn after the first conveyance of any unit on the portion.
Utah Code § 57-8-8 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-8
§ 57-8-8. Compliance with covenants, bylaws and/or house rules and administrative provisions.
Status: in_force

Subject to reasonable compliance therewith by the manager and the management committee, each unit owner shall reasonably comply with the covenants, conditions, and restrictions as set forth in the declaration or in the deed to that unit owner's unit, and with the bylaws and/or house rules and with the administrative rules and regulations drafted pursuant thereto, as either of the same 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 manager or management committee on behalf of the unit owners, or in a proper case, by an aggrieved unit owner.
Utah Code § 57-29-203 — Utah Code / Title 57 / Chapter 57-29 / § 57-29-203
§ 57-29-203. Required disclosures.
Status: in_force

(1) A sponsor or licensee who sells or offers to sell an undivided fractionalized long-term estate shall provide each prospective purchaser a written disclosure, related to the real property in which the undivided fractionalized long-term estate is offered, that: (a) if applicable: (i) includes a copy of any master lease agreement; and (ii) states whether the sponsor is the master lease tenant or an affiliate of the master lease tenant; (b) includes any material information that relates to a current lease or sublease that affects the real property in which the undivided fractionalized long-term estate is offered; (c) includes a copy of: (i) a tenants in common agreement; or (ii) an agreement that forms the substance of the undivided fractionalized long-term estate and includes a definition of the undivided fractionalized interest; (d) describes any improvements to the real property in which the undivided fractionalized long-term estate is offered; (e) includes a copy of any management agreement; (f) describes the relationship, if any, between each property manager and the sponsor; and (g) includes any additional information that an ordinarily prudent purchaser would consider material to deciding whether to purchase the undivided fractionalized long-term estate, as determined by the commission, with concurrence by the division, by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) A sponsor or licensee who sells or offers to sell an undivided fractionalized long-term estate shall provide the written disclosure described in Subsection (1) to the prospective purchaser before the prospective purchaser purchases the undivided fractionalized long-term estate.
Utah Code § 57-8a-305 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-305
§ 57-8a-305. One-action rule not applicable -- Abandonment of enforcement proceeding.
Status: in_force

(1) Subsection 78B-6-901(1) does not apply to an association's judicial or nonjudicial foreclosure of a lot under this part. (2) An association may abandon a judicial foreclosure, nonjudicial foreclosure, or sheriff's sale and initiate a separate action or another judicial foreclosure, nonjudicial foreclosure, or sheriff's sale if the initial judicial foreclosure, nonjudicial foreclosure, or sheriff's sale is not complete.
Utah Code § 57-8a-211 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-211
§ 57-8a-211. Reserve analysis -- Reserve fund.
Status: in_force

(1) As used in this section: (a) "Reserve analysis" means an analysis to determine: (i) the need for a reserve fund to accumulate reserve funds; and (ii) the appropriate amount of any reserve fund. (b) "Reserve fund line item" means the line item in an association's annual budget that identifies the amount to be placed into a reserve fund. (c) "Reserve funds" means money to cover: (i) the cost of repairing, replacing, or restoring common areas and facilities that have a useful life of three years or more and a remaining useful life of less than 30 years, if the cost cannot reasonably be funded from the general budget or other funds of the association; or (ii) a shortfall in the general budget, if: (A) the shortfall occurs while a state of emergency declared in accordance with Section 53-2a-206 is in effect; (B) the geographic area for which the state of emergency described in Subsection (1)(c)(ii)(A) is declared extends to the entire state; and (C) at the time the money is spent, more than 10% of lot owners that are not board members in the association are delinquent in the payment of assessments as a result of events giving rise to the state of emergency described in Subsection (1)(c)(ii)(A). (2) Except as otherwise provided in the governing documents, a board shall: (a) cause a reserve analysis to be conducted no less frequently than every six years; and (b) review and, if necessary, update a previously conducted reserve analysis no less frequently than every three years. (3) The board may conduct a reserve analysis itself or may engage a reliable person or organization, as determined by the board, to conduct the reserve analysis. (4) A reserve fund analysis shall include: (a) a list of the components identified in the reserve analysis that will reasonably require reserve funds; (b) a statement of the probable remaining useful life, as of the date of the reserve analysis, of each component identified in the reserve analysis; (c) an estimate of the cost to repair, replace, or restore each component identified in the reserve analysis; (d) an estimate of the total annual contribution to a reserve fund necessary: (i) to meet the cost to repair, replace, or restore each component identified in the reserve analysis during the component's useful life and at the end of the component's useful life; and (ii) to prepare for a shortfall in the general budget that the association or board may use reserve funds to cover; and (e) a reserve funding plan that recommends how the association may fund the annual contribution described in Subsection (4)(d). (5) An association shall: (a) annually provide lot owners a summary of the most recent reserve analysis or update; and (b) provide a copy of the complete reserve analysis or update to a lot owner who requests a copy. (6) In formulating the association's budget each year, an association shall include a reserve fund line item in: (a) an amount the board determines, based on the reserve analysis, to be prudent; or (b) an amount required by the governing documents, if the governing documents require an amount higher than the amount determined under Subsection (6)(a). (7) (a) Within 45 days after the day on which an association adopts the association's annual budget, the lot owners may veto the reserve fund line item by a 51% vote of the allocated voting interests in the association at a special meeting called by the lot owners for the purpose of voting whether to veto a reserve fund line item. (b) If the lot owners veto a reserve fund line item under Subsection (7)(a) and a reserve fund line item exists in a previously approved annual budget of the association that was not vetoed, the association shall fund the reserve account in accordance with that prior reserve fund line item. (8) (a) Subject to Subsection (8)(b), if an association does not comply with the requirements described in Subsection (5), (6), or (7) and fails to remedy the noncompliance within the time specified in Subsection (8)(c), a lot owner may file an action in state court for: (i) injunctive relief requiring the association to comply with the requirements of Subsection (5), (6), or (7); (ii) $500 or the lot owner's actual damages, whichever is greater; (iii) any other remedy provided by law; and (iv) reasonable costs and attorney fees. (b) No fewer than 90 days before the day on which a lot owner files a complaint under Subsection (8)(a), the lot owner shall deliver written notice described in Subsection (8)(c) to the association. (c) A notice under Subsection (8)(b) shall state: (i) the requirement in Subsection (5), (6), or (7) with which the association has failed to comply; (ii) a demand that the association come into compliance with the requirements; and (iii) a date, no fewer than 90 days after the day on which the lot owner delivers the notice, by which the association shall remedy its noncompliance. (d) In a case filed under Subsection (8)(a), a court may order an association to produce the summary of the reserve analysis or the complete reserve analysis on an expedited basis and at the association's expense. (9) (a) A board may not use money in a reserve fund for any purpose other than the purpose for which the reserve fund was established, unless a majority of association members vote to approve the use of reserve fund money for that purpose. (b) (i) A board may not use money in a reserve fund for daily maintenance expenses, unless: (A) a majority of association members vote to approve the use of reserve fund money for daily maintenance expenses; or (B) there exists in the general budget a shortfall that the board may use reserve funds to cover. (ii) Association members may prohibit the use of reserve fund money for daily maintenance expenses under the circumstances described in Subsection (9)(b)(i)(B) by a 51% vote of the allocated voting interest in the association at a special meeting: (A) for which each lot owner receives at least 48 hours notice; and (B) the lot owners call for the purpose of voting whether to prohibit the use of reserve fund money for daily maintenance expenses under the circumstances described in Subsection (9)(b)(i)(B). (c) A board shall maintain a reserve fund separate from other association funds. (d) This Subsection (9) may not be construed to: (i) limit a board from prudently investing money in a reserve fund, subject to any investment constraints imposed by the governing documents; (ii) excuse an association from the requirements described in Section 57-8a-229; or (iii) permit the use of money in a reserve fund for a legal action described in Section 57-8a-229. (10) Subsections (2) through (9) do not apply to an association during the period of administrative control. (11) For a project whose initial declaration of covenants, conditions, and restrictions is recorded on or after May 12, 2015, during the period of administrative control, for any property that the declarant sells to a third party, the declarant shall give the third party: (a) a copy of the association's governing documents; and (b) a copy of the association's most recent financial statement that includes any reserve funds held by the association or by a subsidiary of the association. (12) Except as otherwise provided in this section, this section applies to each association, regardless of when the association was created.
Utah Code § 57-8a-107 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-107
§ 57-8a-107. Amending the declaration to make provisions of this chapter applicable.
Status: in_force

(1) An association may amend the declaration to make applicable to the association a provision of this chapter that is enacted after the creation of the association, by complying with: (a) the amendment procedures and requirements specified in the declaration and applicable provisions of this chapter; or (b) the amendment procedures and requirements of this chapter, if the declaration being amended does not contain amendment procedures and requirements. (2) If an amendment under Subsection (1) adopts a specific section of this chapter: (a) the amendment grants a right, power, or privilege permitted by that specific section; and (b) all correlative obligations, liabilities, and restrictions in that section also apply.
Utah Code § 57-12-3 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-3
§ 57-12-3. Definitions.
Status: in_force

As used in this chapter: (1) "Agency" means: (a) a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; and (b) any other person whose use of the power of eminent domain results in a person becoming a displaced person. (2) "Business" means any lawful activity, excepting a farm operation, conducted primarily: (a) for the purchase, sale, lease, or rental of personal or real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (b) for the sale of services to the public; (c) by a nonprofit organization; or (d) for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. (3) "Department of Transportation" means the Department of Transportation created in Section 72-1-201. (4) "Displaced person" means any person who, after the effective date of this chapter, moves from real property, or who moves the person's personal property from real property, or moves or discontinues the person's business or moves the person's dwelling as a result of the acquisition of the real property, in whole or in part, or as a result of a written order of the acquiring agency to vacate real property for a program of purchase undertaken by an agency or as a direct result of code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a federal or state assisted program. (5) "Family farm" means a farm operation which is conducted: (a) on two sections (1280 acres) or less; or (b) as a sole proprietorship or through an entity which is wholly owned by members of the same immediate family. (6) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. (7) "Nonprofit organization" means all corporations, societies, and associations whose object is not pecuniary profit, but is to promote the general interest and welfare of the members, whether temporal, social, or spiritual. (8) "Person" means any individual, partnership, corporation, or association. (9) (a) "Pole barn" means a building or structure used in conjunction with a farm operation that: (i) uses poles as the primary load-bearing structure; and (ii) does not have a foundation. (b) "Pole barn" includes any building or structure that met the definition of a pole barn in Subsection (9)(a) at any time in the five years preceding the proposed acquisition. (10) "Small business" means a business which has a gross annual income of less than $1,500,000.
Utah Code § 57-8a-226 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-226
§ 57-8a-226. Board meetings -- Open board meetings.
Status: in_force

(1) Except for an action taken without a meeting in accordance with Section 16-6a-813, a board may take action only at a board meeting. (2) (a) At least 48 hours before a board meeting, the association shall give written notice of the board meeting via email to each lot owner who requests notice of a board meeting, unless: (i) notice of the board meeting is included in a board meeting schedule that was previously provided to the lot owner; or (ii) (A) the board meeting is to address an emergency; and (B) each board member receives notice of the board meeting less than 48 hours before the board meeting. (b) A notice described in Subsection (2)(a) shall: (i) be delivered to the lot owner by email, to the email address that the lot owner provides to the board or the association; (ii) state the time and date of the board meeting; (iii) state the location of the board meeting; and (iv) if a board member may participate by means of electronic communication, provide the information necessary to allow the lot owner to participate by the available means of electronic communication. (3) (a) Except as provided in Subsection (3)(b), a board meeting shall be open to each lot owner or the lot owner's representative if the representative is designated in writing. (b) A board may close a board meeting to: (i) consult with an attorney for the purpose of obtaining legal advice; (ii) discuss ongoing or potential litigation, mediation, arbitration, or administrative proceedings; (iii) discuss a personnel matter; (iv) discuss a matter relating to contract negotiations, including review of a bid or proposal; (v) discuss a matter that involves an individual if the discussion is likely to cause the individual undue embarrassment or violate the individual's reasonable expectation of privacy; or (vi) discuss a delinquent assessment or fine. (c) Any matter discussed at a board meeting closed pursuant to Subsection (3)(b)(ii) is not subject to discovery in a civil action in a state court under the Utah Rules of Civil Procedure. (4) (a) At each board meeting, the board shall provide each lot owner a reasonable opportunity to offer comments. (b) The board may limit the comments described in Subsection (4)(a) to one specific time period during the board meeting. (5) A board member may not avoid or obstruct the requirements of this section. (6) Nothing in this section shall affect the validity or enforceability of an action of a board. (7) (a) Except as provided in Subsection (7)(b), the provisions of this section do not apply during the period of administrative control. (b) During the period of administrative control, the association shall hold a meeting that complies with Subsections (1) though (5): (i) at least once each year; and (ii) each time the association: (A) increases a fee; or (B) raises an assessment. (8) The provisions of this section apply regardless of when the association's first governing document was recorded. (9) (a) Subject to Subsection (9)(d), if an association fails to comply with a provision of Subsections (1) through (5) and fails to remedy the noncompliance during the 90-day period described in Subsection (9)(d), a lot owner may file an action in court for: (i) injunctive relief requiring the association to comply with the provisions of Subsections (1) through (5); (ii) $500 or actual damages, whichever is greater; or (iii) any other relief provided by law. (b) In an action described in Subsection (9)(a), the court may award costs and reasonable attorney fees to the prevailing party. (c) Upon motion from the lot owner, notice to the association, and a hearing in which the court finds a likelihood that the association has failed to comply with a provision of Subsections (1) through (5), the court may order the association to immediately comply with the provisions of Subsections (1) through (5). (d) At least 90 days before the day on which a lot owner files an action described in Subsection (9)(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 Subsections (1) through (5) 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 90 days after the day on which the lot owner delivers the notice to the association.
Utah Code § 57-16-8 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-8
§ 57-16-8. Payment of rent and fees during pendency of eviction proceeding.
Status: in_force

If a resident elects to contest an eviction proceeding, all rents, fees, and service charges due and incurred during the pendency of the action shall be paid into court according to the current mobile home park payment schedule. Failure of the resident to pay such amounts may, in the discretion of the court, constitute grounds for granting summary judgment in favor of the mobile home park. Upon final termination of the issues between the parties, the court shall order all amounts paid into court paid to the mobile home park. The prevailing party is also entitled to court costs and reasonable attorney's fees.
Utah Code § 57-8a-308 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-308
§ 57-8a-308. Appointment of receiver.
Status: in_force

In an action by an association to collect an assessment or to foreclose a lien for an unpaid assessment, a court may: (1) appoint a receiver, in accordance with Section 7-2-9, to collect and hold money alleged to be due and owing to a lot owner: (a) before commencement of the action; or (b) during the pendency of the action; and (2) order the receiver to pay the association, to the extent of the association's common expense assessment, money the receiver holds under Subsection (1).
Utah Code § 57-25-108 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-108
§ 57-25-108. Recording.
Status: in_force

(1) (a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. (b) For purposes of indexing, a holder shall be treated as a grantee. (2) Except as otherwise provided in Subsection 57-25-109(3), an environmental covenant is subject to Utah laws governing recording and priority of interests in real property.
Utah Code § 57-10-5 — Utah Code / Title 57 / Chapter 57-10 / § 57-10-5
§ 57-10-5. Descriptions of tracts extending over more than one zone.
Status: in_force

(1) If a single land description defines a tract of land that extends from one coordinate zone into another coordinate zone, a person may refer the positions of boundary points to either zone. (2) When using a coordinate, a person shall identify in the land description which coordinate zone the person uses.
Utah Code § 57-1-5.1 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-5.1
§ 57-1-5.1. Termination of an interest in real estate -- Affidavit.
Status: in_force

(1) (a) Joint tenancy, tenancy by the entirety, or life estate interest in real estate terminates upon the death of a tenant holding the interest. (b) The termination of an interest upon death as described in Subsection (1)(a) may be disclosed by an affidavit that: (i) cites the terminated interest that is being disclosed; (ii) contains a legal description of the real property that is affected; (iii) references the entry number and the book and page of the instrument creating the terminated interest; (iv) has attached as an exhibit, a copy of the death certificate or other document issued by a government agency as described in Section 75-1-107; and (v) is recorded in the office of the recorder of the county in which the affected property is located. (2) A determinable or conditional interest in real estate may be terminated by an affidavit that: (a) cites the interest that is being terminated; (b) contains a legal description of the real property that is affected; (c) references the entry number and the book and page of the instrument creating the interest to be terminated; and (d) is recorded in the office of the recorder of the county in which the affected property is located. (3) An affidavit described under this section may be in substantially the following form:"AffidavitState of Utah ) ) ssCounty of ___________)I, (name of affiant), being of legal age and being first duly sworn, depose and state as follows:(The name of the deceased person), the decedent in the attached certificate of death or other document witnessing death is the same person as (the name of the deceased person) named as a party in the document dated (date of document) as entry _______ in book _______, page _______ in the records of the (name of county) County Recorder.This affidavit is given to terminate of record the decedent's interest in the following described property located in ___________________ County, State of Utah: (description of the property).Dated this ______ day of ___________________, ________._____________________________________(Signature of affiant)Subscribed to and sworn before me this _______ day of ______________, _________._____________________________________Notary public".
Utah Code § 57-31-202 — Utah Code / Title 57 / Chapter 57-31 / § 57-31-202
§ 57-31-202. Petition to nullify fraudulent deed -- Notice to purported grantor and purported grantee -- Summary relief.
Status: in_force

(1) A record interest holder may petition a court to nullify a fraudulent deed and record a lis pendens on a property affected by the fraudulent deed. (2) A petition described in Subsection (1) shall: (a) state with specificity that the deed is a fraudulent deed; and (b) be supported by a sworn affidavit of the record interest holder. (3) (a) A court considering a petition described in Subsection (1) may dismiss the petition without a hearing, if the court finds the petition insufficient. (b) If the court dismisses a petition as described in Subsection (3)(a), the court shall include the reason for dismissing the petition in the order of dismissal. (c) If the court finds the petition sufficient, the court shall schedule a hearing within 10 days after the day on which the petition is filed for the purpose of determining whether the deed is a fraudulent deed. (d) The record interest holder shall serve a copy of the petition and a copy of the notice of the hearing on the purported grantee and, if known to the record interest holder, the purported grantor. (e) The purported grantor and purported grantee may attend the hearing described in Subsection (3)(c) to contest the petition. (4) A proceeding under this section: (a) may only determine whether a document is a fraudulent deed; and (b) may not determine any other property or legal rights of the parties or restrict other legal remedies of any party. (5) (a) If, after the hearing described in Subsection (3), a court determines that a deed is a fraudulent deed: (i) the court shall: (A) issue an order declaring the fraudulent deed void ab initio and the fraudulent deed provides no conveyance of any interest in real property; (B) in the order described in Subsection (5)(a)(i)(A), include a legal description of the property and a reference to the recording of the fraudulent deed; and (C) award costs and reasonable attorney fees to the petitioner; and (ii) the record interest holder shall submit a certified copy of the order, containing a legal description of the real property, to the county recorder for recording. (b) If, after the hearing described in Subsection (3), a court determines that the deed is not a fraudulent deed: (i) the court: (A) shall dismiss the petition; (B) may award costs and reasonable attorney fees to the purported grantor and purported grantee; and (C) shall include in the dismissal order a legal description of the property; and (ii) the purported grantor or purported grantee shall record a certified copy of the dismissal order. (6) If a petition under this section contains a claim for damages, a court may not expedite the proceedings related to the claim for damages.
Utah Code § 57-10-6 — Utah Code / Title 57 / Chapter 57-10 / § 57-10-6
§ 57-10-6. Reference materials defining coordinate systems.
Status: in_force

For purposes of defining the coordinate systems referenced in this chapter, the state adopts the reference materials that NGS publishes and maintains for the Utah Plane Coordinate System and the associated datums, projections, zones, units, and control standards.
Utah Code § 57-12-14 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-14
§ 57-12-14. Dispute resolution -- Additional appraisal.
Status: in_force

(1) If the agency and the private property owner or displaced person disagree on any issue arising out of this chapter, the private property owner may submit the dispute for mediation or arbitration according to the procedures and requirements of Section 13-43-204. (2) (a) The private property owner or displaced person may request that the mediator or arbitrator authorize an additional appraisal. (b) If the mediator or arbitrator determines that an additional appraisal is reasonably necessary to reach a resolution of the case, the mediator or arbitrator may: (i) have an additional appraisal of the property prepared by an independent appraiser; and (ii) require the agency to pay the costs of the first additional appraisal.
Utah Code § 57-1-10 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-10
§ 57-1-10. After-acquired title passes.
Status: in_force

(1) If any person conveys any real estate by conveyance purporting to convey the real estate in fee simple absolute, and at the time of the conveyance the person does not have the legal estate in the real estate, but afterwards acquires the legal estate: (a) the legal estate subsequently acquired immediately passes to the grantee, the grantee's heirs, successors, or assigns; and (b) the conveyance is as valid as if the legal estate had been in the grantor at the time of the conveyance. (2) Subsection (1) does not apply to a conveyance by quitclaim deed.
Utah Code § 57-1-24.3 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-24.3
§ 57-1-24.3. Notices to default trustor -- Opportunity to negotiate foreclosure relief.
Status: in_force

(1) As used in this section: (a) "Beneficiary" means a financial institution that is the record owner of the beneficial interest under a trust deed, including a successor in interest. (b) "Current address" means the address at which a person has agreed or requested to receive notices. (c) "Default trustor" means a trustor under a trust deed that secures a loan that the beneficiary or servicer claims is in default. (d) "Financial institution" means: (i) a state or federally chartered: (A) bank; (B) savings and loan association; (C) savings bank; (D) industrial bank; or (E) credit union; or (ii) any other entity under the jurisdiction of the commissioner of financial institutions as provided in Title 7, Financial Institutions Act. (e) "Foreclosure relief" means a mortgage modification program or other foreclosure relief option offered by a beneficiary or servicer. (f) "Loan" means an obligation incurred for personal, family, or household purposes, evidenced by a promissory note or other credit agreement for which a trust deed encumbering owner-occupied residential property is given as security. (g) "Owner-occupied residential property" means real property that is occupied by its owner as the owner's primary residence. (h) "Servicer" means an entity, retained by the beneficiary: (i) for the purpose of receiving a scheduled periodic payment from a borrower pursuant to the terms of a loan; or (ii) that meets the definition of servicer under 12 U.S.C. Sec. 2605(i)(2) with respect to residential mortgage loans. (i) "Single point of contact" means a person who, as the designated representative of the beneficiary or servicer, is authorized to: (i) coordinate and ensure effective communication with a default trustor concerning: (A) foreclosure proceedings initiated by the beneficiary or servicer relating to the trust property; and (B) any foreclosure relief offered by or acceptable to the beneficiary or servicer; and (ii) represent the beneficiary or servicer with respect to all foreclosure proceedings initiated by the beneficiary or servicer relating to the trust property, including: (A) the filing of a notice of default under Section 57-1-24 and any cancellation of a notice of default; (B) the publication of a notice of trustee's sale under Section 57-1-25; and (C) the postponement of a trustee's sale under Section 57-1-27 or this section. (2) (a) Before a notice of default is filed for record under Section 57-1-24, a beneficiary or servicer shall: (i) designate a single point of contact; and (ii) send written notice to the default trustor at the default trustor's current address or, if none is provided, the address of the property described in the trust deed. (b) A notice under Subsection (2)(a)(ii) shall: (i) advise the default trustor of the intent of the beneficiary or servicer to file a notice of default; (ii) state: (A) the nature of the default; (B) the total amount the default trustor is required to pay in order to cure the default and avoid the filing of a notice of default, itemized by the type and amount of each component part of the total cure amount; and (C) a date, not fewer than 30 days after the day on which the beneficiary or servicer sends the notice, by which the default trustor must pay the amount to cure the default and avoid the filing of a notice of default; (iii) disclose the name, telephone number, email address, and mailing address of the single point of contact designated by the beneficiary or servicer; and (iv) direct the default trustor to contact the single point of contact regarding foreclosure relief available through the beneficiary or servicer for which a default trustor may apply, if the beneficiary or servicer offers foreclosure relief. (3) Before the expiration of the three-month period described in Subsection 57-1-24(2), a default trustor may apply directly with the single point of contact for any available foreclosure relief. (4) A default trustor shall, within the time required by the beneficiary or servicer, provide all financial and other information requested by the single point of contact to enable the beneficiary or servicer to determine whether the default trustor qualifies for the foreclosure relief for which the default trustor applies. (5) The single point of contact shall: (a) inform the default trustor about and make available to the default trustor any available foreclosure relief; (b) undertake reasonable and good faith efforts, consistent with applicable law, to consider the default trustor for foreclosure relief for which the default trustor is eligible; (c) ensure timely and appropriate communication with the default trustor concerning foreclosure relief for which the default trustor applies; and (d) notify the default trustor by written notice of the decision of the beneficiary or servicer regarding the foreclosure relief for which the default trustor applies. (6) Notice of a trustee's sale may not be given under Section 57-1-25 with respect to the trust property of a default trustor who has applied for foreclosure relief until after the single point of contact provides the notice required by Subsection (5)(d). (7) A beneficiary or servicer may cause a notice of a trustee's sale to be given with respect to the trust property of a default trustor who has applied for foreclosure relief if, in the exercise of the sole discretion of the beneficiary or servicer, the beneficiary or servicer: (a) determines that the default trustor does not qualify for the foreclosure relief for which the default trustor has applied; or (b) elects not to enter into a written agreement with the default trustor to implement the foreclosure relief. (8) (a) A beneficiary or servicer may postpone a trustee's sale of the trust property in order to allow further time for negotiations relating to foreclosure relief. (b) A postponement of a trustee's sale under Subsection (8)(a) does not require the trustee to file for record a new or additional notice of default under Section 57-1-24. (9) A beneficiary or servicer shall cause the cancellation of a notice of default filed under Section 57-1-24 on the trust property of a default trustor if the beneficiary or servicer: (a) determines that the default trustor qualifies for the foreclosure relief for which the default trustor has applied; and (b) enters into a written agreement with the default trustor to implement the foreclosure relief. (10) This section may not be construed to require a beneficiary or servicer to: (a) establish foreclosure relief; or (b) approve an application for foreclosure relief submitted by a default trustor. (11) A beneficiary and servicer shall each take reasonable measures to ensure that their respective practices in the foreclosure of owner-occupied residential property and any foreclosure relief with respect to a loan: (a) comply with all applicable federal and state fair lending statutes; and (b) ensure appropriate treatment of default trustors in the foreclosure process. (12) A beneficiary or servicer is considered to have complied with the requirements of this section if the beneficiary or servicer designates and uses assigned personnel in compliance with 12 C.F.R. 1024, Real Estate Settlement Procedures Act, or other federal law, rules, regulations, guidance, or guidelines governing the beneficiary or servicer and issued by, as applicable, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or the Consumer Financial Protection Bureau. (13) The failure of a beneficiary or servicer to comply with a requirement of this section does not affect the validity of a trustee's sale of the trust property to: (a) a bona fide purchaser; or (b) a beneficiary of the trust deed after the trust property is sold to a bona fide purchaser. (14) Subsection (13) does not affect: (a) a beneficiary's or a servicer's liability under applicable law; or (b) a default trustor's right to pursue other available remedies, including money damages, against a beneficiary or a servicer.
Utah Code § 57-25-104 — Utah Code / Title 57 / Chapter 57-25 / § 57-25-104
§ 57-25-104. Contents of environmental covenant.
Status: in_force

(1) An environmental covenant must: (a) state that the instrument is an environmental covenant executed under this chapter; (b) contain a legally sufficient description of the real property subject to the covenant; (c) describe the activity and use limitations on the real property; (d) identify every holder; (e) be signed by the agency, every holder, and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant; and (f) identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. (2) In addition to the information required by Subsection (1), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any: (a) requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant; (b) requirements for periodic reporting describing compliance with the covenant; (c) rights of access to the property granted in connection with implementation or enforcement of the covenant; (d) a brief narrative description of the contamination and remedy, including: (i) the contaminants of concern; (ii) the pathways of exposure; (iii) limits on exposure; and (iv) the location and extent of the contamination; (e) limitation on amendment or termination of the covenant in addition to those contained in Sections 57-25-109 and 57-25-110; and (f) rights of the holder in addition to its right to enforce the covenant under Section 57-25-111. (3) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
Utah Code § 57-14-202 — Utah Code / Title 57 / Chapter 57-14 / § 57-14-202
§ 57-14-202. Use of private land without charge -- Effect.
Status: in_force

(1) Except as provided in Subsection 57-14-204(1), an owner of land who either directly or indirectly invites or permits without charge, or for a nominal fee of no more than $1 per year, any person to use the owner's land for any recreational purpose, or an owner of a public access area open to public recreational access under Title 73, Chapter 29, Public Waters Access Act, does not: (a) make any representation or extend any assurance that the land is safe for any purpose; (b) confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; (c) assume responsibility for or incur liability for any injury to persons or property caused by an act or omission of the person or any other person who enters upon the land; or (d) owe any duty to curtail the owner's use of the land during its use for recreational purposes. (2) The limitations of liability provided in this part apply to the owner of land designated as a migratory bird production area under Title 23A, Chapter 13, Migratory Bird Production Area, that is owned and operated for any purpose allowed under Title 23A, Chapter 13, Migratory Bird Production Area, if: (a) the owner allows a guest of the owner or, if the owner has shareholders, members, or partners, a guest of a shareholder, member, or partner of the owner to engage in an activity with a recreational purpose on that land; and (b) the guest is not charged.
Utah Code § 57-3-102 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-102
§ 57-3-102. Record imparts notice -- Change in interest rate -- Validity of document -- Notice of unnamed interests -- Conveyance by grantee.
Status: in_force

(1) Each document executed, acknowledged, and certified, in the manner prescribed by this title, each original document or certified copy of a document complying with Section 57-4a-3, whether or not acknowledged, each copy of a notice of location complying with Section 40-1-4, and each financing statement complying with Section 70A-9a-502, whether or not acknowledged shall, from the time of recording with the appropriate county recorder, impart notice to all persons of their contents. (2) If a recorded document was given as security, a change in the interest rate in accordance with the terms of an agreement pertaining to the underlying secured obligation does not affect the notice or alter the priority of the document provided under Subsection (1). (3) This section does not affect the validity of a document with respect to the parties to the document and all other persons who have notice of the document. (4) The fact that a recorded document recites only a nominal consideration, names the grantee as trustee, or otherwise purports to be in trust without naming beneficiaries or stating the terms of the trust does not charge any third person with notice of any interest of the grantor or of the interest of any other person not named in the document. (5) The grantee in a recorded document may convey the interest granted to the grantee free and clear of all claims not disclosed in the document in which the grantee appears as grantee or in any other document recorded in accordance with this title that sets forth the names of the beneficiaries, specifies the interest claimed, and describes the real property subject to the interest.
Utah Code § 57-23-6 — Utah Code / Title 57 / Chapter 57-23 / § 57-23-6
§ 57-23-6. Disclosure required.
Status: in_force

(1) An individual may not offer, sell, or otherwise dispose of a cooperative interest in this state without making oral and written disclosure to the prospective purchaser regarding: (a) the actual property interest being sold; (b) the actual right of occupancy associated with that property interest; (c) any encumbrance to which the property interest is subject; and (d) the terms of any financing, refinancing, prior sale, resale, or loan assumption to which the property interest is subject. (2) The disclosure required under Subsection (1) must be made prior to signing the purchase contract, the proprietary lease, or similar documents intended by the parties to complete the sale or disposal of the cooperative interest.
Utah Code § 57-8-6.1 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-6.1
§ 57-8-6.1. Information required before sale to independent third party.
Status: in_force

(1) Before the sale of a unit under the jurisdiction of an association of unit owners to an independent third party, the grantor shall provide to the independent third party: (a) a copy of the association of unit owners' recorded governing documents; and (b) a link or other access point to the educational materials described in Subsection 13-79-103(4). (2) The grantor shall provide the information described in Subsection (1) before closing. (3) The association of unit owners shall, upon request by the grantor, provide to the grantor the information described in Subsection (1). (4) This section applies to each association of unit owners, regardless of when the association of unit owners is formed.
Utah Code § 57-16-10 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-10
§ 57-16-10. Utility service to mobile home parks -- Limitation on providers' charges.
Status: in_force

Local water, sewer, and sanitation entities, including those administered by municipalities and counties which provide water, sewer, or garbage collection services shall not receive a greater percentage net return from supplying a mobile home park than said entity receives from other residential customers. The net return is determined by taking into consideration the costs of maintenance and depreciation of the mobile home park facilities and all savings on administrative costs, including cost of billing residents.
Utah Code § 57-26-105 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-105
§ 57-26-105. Recordation -- Perfection of security interest in rents -- Priority of conflicting interests in rents.
Status: in_force

(1) A document creating an assignment of rents may be submitted for recording in the office of the county recorder for the county in which the property is situated in the same manner as any other document evidencing a conveyance of an interest in real property. (2) Upon recording, the security interest in rents created by an assignment of rents is fully perfected, even if a provision of the document creating the assignment or law of this state other than this chapter would preclude or defer enforcement of the security interest until the occurrence of a subsequent event, including a subsequent default of the assignor, the assignee's obtaining possession of the real property, or the appointment of a receiver. (3) Except as otherwise provided in Subsection (4), a perfected security interest in rents takes priority over the rights of a person that, after the security interest is perfected: (a) acquires a judicial lien against the rents or the real property from which the rents arise; or (b) purchases an interest in the rents or the real property from which the rents arise. (4) A perfected security interest in rents has priority over the rights of a person described in Subsection (3) with respect to future advances to the same extent as the assignee's security interest in the real property has priority over the rights of that person with respect to future advances.
Utah Code § 57-12-4 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-4
§ 57-12-4. Federal funds -- Direct assistance.
Status: in_force

(1) When federal funds are available for payment of direct financial assistance to a person that an agency's acquisition of real property displaces, the displacing agency may use those federal funds with state or local funds to the extent federal law provides and may provide direct financial assistance in the instances and on the conditions federal law and regulations establish. (2) (a) When federal funds are not available or used for payment of direct financial assistance to a person that an agency's acquisition of real property displaces, the displacing agency may provide direct financial assistance to the person. (b) Except as provided in Subsection (3), financial assistance authorized by this Subsection (2) may not exceed the total amount that would have been payable under Subsection (1) if federal funds were available or used. (3) (a) (i) The amount of direct financial assistance an agency provides to a person displaced by the agency's acquisition of real property includes actual reasonable expenses necessary to reestablish a displaced farm, a displaced nonprofit organization, or a displaced business at a new site, in accordance with criteria the agency establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (ii) The amount of direct financial assistance provided in accordance with Subsection (3)(a)(i) may not exceed $75,000. (b) The limit on direct financial assistance Subsection (3)(a) describes: (i) applies despite any lower limit established by federal statute or regulation or agency rule; and (ii) does not apply if a higher limit is established by federal statute or regulation. (c) Beginning on July 1, 2027, and on July 1 of each year thereafter, the Department of Transportation shall adjust the limit on direct financial assistance described in Subsection (3) by taking the limit on direct financial assistance for the previous year and adding an amount equal to the greater of: (i) an amount calculated by multiplying the limit on direct financial assistance of the previous year by the actual percentage change during the previous Consumer Price Index as determined by the State Tax Commission; and (ii) 0. (d) On or before January 30 of each year, the Department of Transportation shall: (i) calculate and publish the inflation-adjusted limit on direct financial assistance; and (ii) provide the published inflation-adjusted limit on direct financial assistance to the Office of the Property Rights Ombudsman. (4) (a) A displaced person eligible for payments under this chapter who is displaced from the person's place of business or farm may accept payment under this Subsection (4) in lieu of any payment under the displacing agency's rules if the person is eligible under the agency's criteria. (b) A payment under this Subsection (4) is a fixed payment of at least $1,000 but not more than $75,000. (c) A person whose sole business at the site from which the person is displaced is the rental of property to others does not qualify for payment under this Subsection (4). (5) Assistance under this section may not be provided to a person who is ineligible to receive relocation assistance under a federal statute or regulation.
Utah Code § 57-11-18 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-18
§ 57-11-18. Dispositions subject to chapter -- Jurisdiction of  courts.
Status: in_force

(1) Dispositions of subdivided lands are subject to this chapter. (2) A court of this state has jurisdiction in a claim or action arising under this chapter if: (a) the subdivided lands offered for disposition are located in this state; (b) the subdivider's principal office is located in this state; or (c) any offer or disposition of subdivided lands is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates within this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed.
Utah Code § 57-8a-405 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-405
§ 57-8a-405. Property insurance.
Status: in_force

(1) This section applies to property insurance required under Subsection 57-8a-403(1)(a). (2) The total amount of coverage provided by blanket property insurance or guaranteed replacement cost insurance may not be less than 100% of the full replacement cost of the insured property at the time the insurance is purchased and at each renewal date, excluding: (a) items normally excluded from property insurance policies; and (b) unless otherwise provided in the declaration, any commercial lot in a mixed-use project, including any fixture, improvement, or betterment in a commercial lot in a mixed-use project. (3) Property insurance shall include coverage for any fixture, improvement, or betterment installed at any time to an attached dwelling or to a limited common area appurtenant to a dwelling on a lot, whether installed in the original construction or in any remodel or later alteration, including a floor covering, cabinet, light fixture, electrical fixture, heating or plumbing fixture, paint, wall covering, window, and any other item permanently part of or affixed to an attached dwelling or to a limited common area. (4) Notwithstanding anything in this part and unless otherwise provided in the declaration, an association is not required to obtain property insurance for a loss to a dwelling that is not physically attached to another dwelling or to a common area structure. (5) Each lot owner is an insured person under a property insurance policy. (6) If a loss occurs that is covered by a property insurance policy in the name of an association and another property insurance policy in the name of a lot owner: (a) the association's policy provides primary insurance coverage; and (b) notwithstanding Subsection (6)(a) and subject to Subsection (7): (i) the lot owner is responsible for the association's policy deductible; and (ii) building property coverage, often referred to as coverage A, of the lot owner's policy applies to that portion of the loss attributable to the association's policy deductible. (7) (a) As used in this Subsection (7) and Subsection (10): (i) "Covered loss" means a loss, resulting from a single event or occurrence, that is covered by an association's property insurance policy. (ii) "Lot damage" means damage to any combination of a lot, a dwelling on a lot, or a limited common area appurtenant to a lot or appurtenant to a dwelling on a lot. (iii) "Lot damage percentage" means the percentage of total damage resulting in a covered loss that is attributable to lot damage. (b) A lot owner who owns a lot that has suffered lot damage as part of a covered loss is responsible for an amount calculated by applying the lot damage percentage for that lot to the amount of the deductible under the association's property insurance policy. (c) If a lot owner does not pay the amount required under Subsection (7)(b) within 30 days after substantial completion of the repairs to, as applicable, the lot, a dwelling on the lot, or the limited common area appurtenant to the lot, an association may levy an assessment against a lot owner for that amount. (8) An association shall set aside an amount equal to the amount of the association's property insurance policy deductible or, if the policy deductible exceeds $10,000, an amount not less than $10,000. (9) (a) An association shall provide notice in accordance with Section 57-8a-214 to each lot owner of the lot owner's obligation under Subsection (7) for the association's policy deductible and of any change in the amount of the deductible. (b) (i) An association that fails to provide notice as provided in Subsection (9)(a) is responsible for the portion of the deductible that the association could have assessed to a lot owner under Subsection (7), but only to the extent that the lot owner does not have insurance coverage that would otherwise apply under this section. (ii) Notwithstanding Subsection (9)(b)(i), an association that provides notice of the association's policy deductible, as required under Subsection (9)(a), but fails to provide notice of a later increase in the amount of the deductible is responsible only for the amount of the increase for which notice was not provided. (c) An association's failure to provide notice as provided in Subsection (9)(a) may not be construed to invalidate any other provision of this part. (10) If, in the exercise of the business judgment rule, the board determines that a covered loss is likely not to exceed the association's property insurance policy deductible, and until it becomes apparent the covered loss exceeds the association's property insurance deductible and a claim is submitted to the association's property insurance insurer: (a) for a lot to which a loss occurs, the lot owner's policy is considered the policy for primary coverage for the damage to that lot; (b) the association is responsible for any covered loss to any common area; (c) a lot owner who does not have a policy to cover the damage to that lot owner's lot is responsible for that lot damage, and the association may, as provided in Subsection (7)(c), recover any payments the association makes to remediate that lot; and (d) the association need not tender the claim to the association's insurer. (11) (a) An insurer under a property insurance policy issued to an association shall adjust with the association a loss covered under the association's policy. (b) Notwithstanding Subsection (11)(a), the insurance proceeds for a loss under an association's property insurance policy: (i) are payable to an insurance trustee that the association designates or, if no trustee is designated, to the association; and (ii) may not be payable to a holder of a security interest. (c) An insurance trustee or an association shall hold any insurance proceeds in trust for the association, lot owners, and lien holders. (d) (i) If damaged property is to be repaired or restored, insurance proceeds shall be disbursed first for the repair or restoration of the damaged property. (ii) After the disbursements described in Subsection (11)(d)(i) are made and the damaged property has been completely repaired or restored or the project terminated, any surplus proceeds are payable to the association, lot owners, and lien holders, as provided in the declaration. (12) An insurer that issues a property insurance policy under this part, or the insurer's authorized agent, shall issue a certificate or memorandum of insurance to: (a) the association; (b) a lot owner, upon the lot owner's written request; and (c) a holder of a security interest, upon the holder's written request. (13) A cancellation or nonrenewal of a property insurance policy under this section is subject to the procedures stated in Section 31A-21-303. (14) A board that acquires from an insurer the property insurance required in this section is not liable to lot owners if the insurance proceeds are not sufficient to cover 100% of the full replacement cost of the insured property at the time of the loss. (15) (a) Unless required in the declaration, property insurance coverage is not required for fixtures, improvements, or betterments in a commercial lot or limited common areas appurtenant to a commercial lot in a mixed-use project. (b) Notwithstanding any other provision of this part, an association may obtain property insurance for fixtures, improvements, and betterments in a commercial lot in a mixed-use project if allowed or required in the declaration. (16) (a) This section does not prevent a person suffering a loss as a result of damage to property from asserting a claim, either directly or through subrogation, for the loss against a person at fault for the loss. (b) Subsection (16)(a) does not affect Subsection 57-8a-404(3).
Utah Code § 57-23-9 — Utah Code / Title 57 / Chapter 57-23 / § 57-23-9
§ 57-23-9. Voidable agreements.
Status: in_force

Any agreement to purchase an interest in a real estate cooperative entered into in violation of this chapter may, at the option of the purchaser, be voided and the purchaser's entire consideration paid together with interest at the legal rate, any costs, and reasonable attorney's fees shall be recovered. However, no suit under this section may be brought more than two years after: (1) the date the agreement is signed; or (2) the date the purchaser knew or reasonably should have known of the violation.
Utah Code § 57-8-56 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-56
§ 57-8-56. Association of unit owners' right to pay delinquent utilities.
Status: in_force

(1) Upon request in accordance with Subsection (2), at least 10 days before the day on which an electrical corporation or a gas corporation discontinues service to a unit, the electrical corporation or gas corporation shall give the association of unit owners: (a) written notice that the electrical corporation or gas corporation will discontinue service to the unit; and (b) an opportunity to pay any delinquent charges and maintain service to the unit. (2) An association of unit owners may request the notice and opportunity to pay described in Subsection (1) by sending a written request to the electrical corporation or gas corporation that includes: (a) the address of each unit in the association of unit owners; (b) the association of unit owners' name, mailing address, phone number, and email address; and (c) the address where the electrical corporation or gas corporation may send notices. (3) If, after an electrical corporation or a gas corporation sends a written notice described in Subsection (1) to an association of unit owners and the association of unit owners does not pay the delinquent charges within 10 days after the day on which the electrical corporation or gas corporation sends the notice, the electrical corporation or gas corporation may discontinue service to the unit. (4) An association of unit owners may collect any payment to an electrical corporation or a gas corporation under this section as an assessment in accordance with Section 57-8-44. (5) (a) If, after an association of unit owners receives a written notice described in Subsection (1), the association of unit owners decides not to pay the delinquent charges, the association of unit owners may, if permitted by the association of unit owners' governing documents, and after reasonable notice to the unit owner: (i) enter the unit; and (ii) winterize the unit. (b) A person who enters a unit in accordance with Subsection (5)(a) is not liable for trespass. (c) An association of unit owners may charge a unit owner an assessment for the actual and reasonable costs of winterizing a unit in accordance with this Subsection (5).
Utah Code § 57-9-4 — Utah Code / Title 57 / Chapter 57-9 / § 57-9-4
§ 57-9-4. Filing of notice of claim of interest authorized -- Effect of possession of land by record owner of possessory interest.
Status: in_force

(1) Any person claiming an interest in land may preserve and keep effective such interest by filing for record during the forty-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in writing, duly verified by oath, setting forth the nature of the claim. No disability or lack of knowledge of any kind on the part of anyone shall suspend the running of the forty-year period. The notice may be filed for record by the claimant or by any other person acting in behalf of any claimant who is: (a) under a disability; (b) unable to assert a claim on the claimant's own behalf; or (c) one of a class, but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record. (2) If the same record owner of any possessory interest in land has been in possession of such land continuously for a period of 40 years or more, during which period no title transaction with respect to such interest appears of record in the record owner's chain of title, and no notice has been filed by the record owner or on the record owner's behalf as provided in Subsection (1), and such possession continues to the time when marketability is being determined, such period of possession shall be deemed equivalent to the filing of the notice immediately preceding the termination of the forty-year period described in Subsection (1).
Utah Code § 57-3-108 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-108
§ 57-3-108. Financing statements not subject to title.
Status: in_force

This title does not apply to a financing statement filed or recorded in a filing office described in Subsection 70A-9a-501(1)(a) that: (1) covers as-extracted collateral or timber to be cut; or (2) (a) is filed as a fixture filing; and (b) covers goods that are or are to become fixtures.
Utah Code § 57-8-32.5 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-32.5
§ 57-8-32.5. Property taken by eminent domain -- Allocation of award -- Reallocation of interests.
Status: in_force

(1) If any portion of the common areas and facilities is taken by eminent domain, the award for it shall be allocated to the unit owners in proportion to their respective undivided interests in the common areas and facilities. (2) If any units are taken by eminent domain, the undivided interest in the common areas and facilities appertaining to these units shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interests in the common areas and facilities. The court shall enter a decree reflecting the reallocation of undivided interests so produced, and the award shall include, without limitation, just compensation to the unit owner of any unit taken for the unit owner's undivided interest in the common areas and facilities as well as for the unit owner's unit. (3) If portions of any unit are taken by eminent domain, the court shall determine the fair market value of the portions of the unit not taken, and the undivided interest in the common areas and facilities appertaining to any such units shall be reduced, in the case of each unit, in proportion to the diminution in the fair market value of the unit resulting from the taking. The portions of undivided interest in the common areas and facilities thus divested from the unit owners of these units shall be reallocated among these units and the other units in the condominium project in proportion to their respective undivided interests in the common areas and facilities, with any units partially taken participating in the reallocation on the basis of their undivided interests as reduced in accordance with the preceding sentence. The court shall enter a decree reflecting the reallocation of undivided interests produced by this, and the award shall include, without limitation, just compensation to the unit owner of any unit partially taken for that portion of the unit owner's undivided interest in the common areas and facilities divested from the unit owner by operation of the first sentence of this Subsection (3), and not revested in the unit owner by operation of the following sentence, as well as for that portion of the unit owner's unit taken by eminent domain. (4) The court shall enter a decree reflecting the reallocation of undivided interests produced by this, and the award shall include, without limitation, just compensation to the unit owner of any unit partially taken for that portion of the unit owner's undivided interest in the common areas and facilities divested from the unit owner and also not revested in the unit owner under this Subsection (4), as well as for that portion of the unit owner's unit taken by eminent domain. (5) If, however, the taking of a portion of any unit makes it impractical to use the remaining portion of that unit for any lawful purpose permitted by the declaration, then the entire undivided interest in the common areas and facilities appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their respective undivided interest in the common areas and facilities, and the remaining portion of that unit shall thenceforth be a common area and facility. The court shall enter a decree reflecting the reallocation of undivided interests produced by this, and the award shall include, without limitation, just compensation to the unit owner of the unit for the unit owner's entire undivided interest in the common areas and facilities and for the unit owner's entire unit.
Utah Code § 57-8a-208 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-208
§ 57-8a-208. Fines.
Status: in_force

(1) A board may assess a fine against a lot owner for a violation of the association's governing documents in accordance with the provisions of this section. (2) (a) Before assessing a fine under Subsection (1), the board shall give the lot owner a written warning that: (i) describes the violation; (ii) states the rule or provision of the association's governing documents that the lot owner's conduct violates; (iii) states that the board may, in accordance with the provisions of this section, assess fines against the lot owner if a continuing violation is not cured or if the lot owner commits similar violations within one year after the day on which the board gives the lot owner the written warning or assesses a fine against the lot owner under this section; and (iv) if the violation is a continuing violation, states a time that is not less than 48 hours after the day on which the board gives the lot owner the written warning by which the lot owner shall cure the violation. (b) A board may assess a fine against a lot owner if: (i) within one year after the day on which the board gives the lot owner a written warning described in Subsection (2)(a), the lot owner commits another violation of the same rule or provision identified in the written warning; or (ii) for a continuing violation, the lot owner does not cure the violation within the time period that is stated in the written warning described in Subsection (2)(a). (c) If permitted by the association's governing documents, after the board assesses a fine against a lot owner under this section, the board may, without further warning under this Subsection (2), assess an additional fine against the lot owner each time the lot owner: (i) commits a violation of the same rule or provision within one year after the day on which the board assesses a fine for a violation of the same rule or provision; or (ii) allows a violation to continue for 10 days or longer after the day on which the board assesses the fine. (3) A fine assessed under Subsection (1) shall: (a) be made only for a violation of a rule, covenant, condition, or restriction that is in the association's governing documents; (b) be in the amount provided for in the association's governing documents; and (c) accrue interest and late fees as provided in the association's governing documents. (4) (a) A lot owner who is assessed a fine under Subsection (1) may request an informal hearing before the board to dispute the fine within 30 days after the day on which the lot owner receives notice that the fine is assessed. (b) At a hearing described in Subsection (4)(a), the board shall: (i) provide the lot owner a reasonable opportunity to present the lot owner's position to the board; and (ii) allow the lot owner, a board member, or any other person involved in the hearing to participate in the hearing by means of electronic communication. (c) If a lot owner timely requests an informal hearing under Subsection (4)(a), no interest or late fees may accrue until after the board conducts the hearing and the lot owner receives a final decision. (5) A lot owner may appeal a fine assessed under Subsection (1) by initiating a civil action within 180 days after: (a) if the lot owner timely requests an informal hearing under Subsection (4), the day on which the lot owner receives a final decision from the board; or (b) if the lot owner does not timely request an informal hearing under Subsection (4), the day on which the time to request an informal hearing under Subsection (4) expires. (6) (a) Subject to Subsection (6)(b), a board may delegate the board's rights and responsibilities under this section to a managing agent. (b) A board may not delegate the board's rights or responsibilities described in Subsection (4)(b). (7) The provisions of this section apply to an association regardless of when the association is created.
Utah Code § 57-8a-220 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-220
§ 57-8a-220. Creditor approval may be required for lot owner or association action under declaration -- Creditor approval presumed in certain circumstances -- Notice to creditor or creditor's successor.
Status: in_force

(1) (a) Subject to Subsection (1)(b), a declaration may: (i) condition the effectiveness of lot owners' actions specified in the declaration on the approval of a specified number or percentage of lenders holding a security interest in the lots; or (ii) condition the effectiveness of association actions specified in the declaration on the approval of a specified number or percentage of lenders that have extended credit to the association. (b) A condition under Subsection (1)(a) may not: (i) deny or delegate the lot owners' or board's control over the association's general administrative affairs; (ii) prevent the association or board from commencing, intervening in, or settling any litigation or proceeding; or (iii) prevent an insurance trustee or the association from receiving or distributing insurance proceeds under Subsection 57-8a-405(11). (c) A condition under Subsection (1)(a) does not violate a prohibition under Subsection (1)(b) by: (i) requiring the association to deposit the association's assessments before default with the lender assigned the income; or (ii) requiring the association to increase an assessment at the lender's direction by an amount reasonably necessary to pay the loan in accordance with the loan terms. (d) This Subsection (1) applies to: (i) an association formed before, on, or after May 10, 2011; and (ii) documents created and recorded before, on, or after May 10, 2011. (2) Subject to this chapter and applicable law, a lender who has extended credit to an association secured by an assignment of income or an encumbrance of the common areas may enforce the lender's security agreement as provided in the agreement. (3) (a) Subject to Subsection (4), a security holder's consent that is required under Subsection (1) to amend a declaration or bylaw or for another association action is presumed if: (i) the association sends written notice of the proposed amendment or action by certified or registered mail to the security holder's address stated in a recorded document evidencing the security interest; and (ii) the person designated in a notice under Subsection (3)(a)(i) to receive the security holder's response does not receive a response within 60 days after the association sends notice under Subsection (3)(a)(i). (b) If a security holder's address for receiving notice is not stated in a recorded document evidencing the security interest, an association: (i) shall use reasonable efforts to find a mailing address for the security holder; and (ii) may send the notice to any address obtained under Subsection (3)(b)(i). (4) If a security holder responds in writing within 60 days after the association sends notice under Subsection (3)(a)(i) that the security interest has been assigned or conveyed to another person, the association: (a) shall: (i) send a notice under Subsection (3)(a)(i) to the person assigned or conveyed the security interest at the address provided by the security holder in the security holder's response; or (ii) if no address is provided: (A) use reasonable efforts to find a mailing address for the person assigned or conveyed the security interest; and (B) send notice by certified or registered mail to the person at the address that the association finds under Subsection (4)(a)(ii)(A); and (b) may not presume the security holder's consent under Subsection (3)(a) unless the person designated in a notice under Subsection (4)(a) to receive the response from the person assigned or conveyed the security interest does not receive a response within 60 days after the association sends the notice.
Utah Code § 57-8a-231 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-231
§ 57-8a-231. Water wise landscaping.
Status: in_force

(1) As used in this section: (a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses. (b) "Mulch" means material such as rock, bark, wood chips, or other materials left loose and applied to the soil. (c) "Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle. (d) (i) "Vegetative coverage" means the ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity. (ii) "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees. (e) "Water wise landscaping" means any or all of the following: (i) installation of plant materials suited to the microclimate and soil conditions that can: (A) remain healthy with minimal irrigation once established; or (B) be maintained without the use of overhead spray irrigation; (ii) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or (iii) the use of other landscape design features that: (A) minimize the need of the landscape for supplemental water from irrigation; (B) reduce the landscape area dedicated to lawn or turf; or (C) encourage vegetative coverage. (f) "Water wise plant material" means a plant material suited to water wise landscaping as defined in this section. (2) An association may not enact or enforce a governing document that prohibits, or has the effect of prohibiting, a lot owner of a detached dwelling from incorporating water wise landscaping on the lot owner's lot. (3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit an association from requiring a property owner to: (i) comply with a site plan review or other review process before installing water wise landscaping; (ii) maintain plant material in a healthy condition; and (iii) follow specific water wise landscaping design requirements adopted by the association including a requirement that: (A) restricts or clarifies the use of mulches considered detrimental to the association's operations; and (B) restricts or prohibits the use of specific plant materials other than water wise plant materials. (b) Except where reasonably necessary for erosion control, an association may not require a lot owner to install or keep in place lawn or turf in an area less than eight feet wide. (4) (a) Subject to Subsection (4)(b), if an association does not adopt rules as required by Subsection 57-8a-218(15) and fails to remedy the noncompliance within the time specified in Subsection (4)(c), a lot owner may file an action in state court for: (i) injunctive relief requiring the association to comply with the requirements of Subsection 57-8a-218(15); (ii) $500, or the lot owner's actual damages, whichever is greater; (iii) any other remedy provided by law; and (iv) reasonable costs and attorney fees. (b) No fewer than 90 days before the day on which a lot owner files a complaint under Subsection (4)(a), the lot owner shall deliver written notice described in Subsection (4)(c) to the association. (c) The lot owner shall include in a notice described in Subsection (4)(b): (i) the requirements in Subsection 57-8a-218(15) for adopting water wise landscaping rules with which the association has failed to comply; (ii) a demand that the association come into compliance with the requirements; and (iii) a date, no fewer than 90 days after the day on which the lot owner delivers the notice, by which the association must remedy the association's noncompliance.
Utah Code § 57-11-3 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-3
§ 57-11-3. Administration by division.
Status: in_force

The division shall administer this chapter.
Utah Code § 57-26-109 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-109
§ 57-26-109. Enforcement by notification to tenant.
Status: in_force

(1) Upon the assignor's default, or as otherwise agreed by the assignor, the assignee may give to a tenant of the real property a notification demanding that the tenant pay to the assignee all unpaid accrued rents and all unaccrued rents as they accrue. The assignee shall give a copy of the notification to the assignor and to any other person that, 10 days before the notification date, held a recorded assignment of rents arising from the real property. The notification must be signed by the assignee and: (a) identify the tenant, assignor, assignee, premises covered by the agreement between the tenant and the assignor, and assignment of rents being enforced; (b) provide the recording data for the document creating the assignment or other reasonable proof that the assignment was made; (c) state that the assignee has the right to collect rents in accordance with the assignment; (d) direct the tenant to pay to the assignee all unpaid accrued rents and all unaccrued rents as they accrue; (e) describe the manner in which Subsections (3) and (4) affect the tenant's payment obligations; (f) provide the name and telephone number of a contact person and an address to which the tenant can direct payment of rents and any inquiry for additional information about the assignment or the assignee's right to enforce the assignment; and (g) contain a statement that the tenant may consult a lawyer if the tenant has questions about its rights and obligations. (2) If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the tenant receives a notification substantially complying with Subsection (1). (3) Subject to Subsection (4) and any other claim or defense that a tenant has under law of this state other than this chapter, following receipt of a notification substantially complying with Subsection (1): (a) a tenant is obligated to pay to the assignee all unpaid accrued rents and all unaccrued rents as they accrue, unless the tenant has previously received a notification from another assignee of rents given by that assignee in accordance with this section and the other assignee has not canceled that notification; (b) unless the tenant occupies the premises as the tenant's primary residence, a tenant that pays rents to the assignor is not discharged from the obligation to pay rents to the assignee; (c) a tenant's payment to the assignee of rents then due satisfies the tenant's obligation under the tenant's agreement with the assignor to the extent of the payment made; and (d) a tenant's obligation to pay rents to the assignee continues until the tenant receives a court order directing the tenant to pay the rent in a different manner or a signed document from the assignee canceling its notification, whichever occurs first. (4) A tenant that has received a notification under Subsection (1) is not in default for nonpayment of rents accruing within 30 days after the date the notification is received before the earlier of: (a) 10 days after the date the next regularly scheduled rental payment would be due; or (b) 30 days after the date the tenant receives the notification. (5) Upon receiving a notification from another creditor that is entitled to priority under Subsection 57-26-105(3) that the other creditor has enforced and is continuing to enforce its interest in rents, an assignee that has given a notification to a tenant under Subsection (1) shall immediately give another notification to the tenant canceling the earlier notification. (6) An assignee's failure to give a notification under Subsection (1) to any person holding a recorded assignment of rents does not affect the effectiveness of the notification as to the assignor and those tenants receiving the notification. However, the person entitled to the notification is entitled to any relief permitted by law of this state other than this chapter. (7) An assignee that holds a security interest in rents solely by virtue of Subsection 57-26-104(1) may not enforce the security interest under this section while the assignor occupies the real property as the assignor's primary residence.
Utah Code § 57-26-106 — Utah Code / Title 57 / Chapter 57-26 / § 57-26-106
§ 57-26-106. Enforcement of security interest in rents.
Status: in_force

(1) An assignee may enforce an assignment of rents using one or more of the methods specified in Sections 57-26-107, 57-26-108, and 57-26-109 or any other method sufficient to enforce the assignment under law of this state other than this chapter. (2) From the date of enforcement, the assignee or, in the case of enforcement by appointment of a receiver under Section 57-26-107, the receiver is entitled to collect all rents that: (a) have accrued but remain unpaid on that date; and (b) accrue on or after that date, as those rents accrue.
Utah Code § 57-10-7 — Utah Code / Title 57 / Chapter 57-10 / § 57-10-7
§ 57-10-7. Coordinates required to be based on control stations.
Status: in_force

(1) A person who uses coordinates from the Utah Plane Coordinate System to define the position of a point on a land boundary shall base the coordinates on a monumented horizontal control station that conforms to the standards and specifications that the FGCC publishes. (2) (a) The FGCC standards and specifications that are in effect on the date of the survey apply. (b) The NGS publication of an existing control station, or the NGS acceptance of a newly established control station with intent to publish, constitutes evidence that the station conforms to the FGCC standards and specifications. (3) A person may also use a control station established by the state or a political subdivision of the state if the control station conforms to Section 57-10-6.
Utah Code § 57-18-3 — Utah Code / Title 57 / Chapter 57-18 / § 57-18-3
§ 57-18-3. Acquisition of conservation easement.
Status: in_force

A governmental entity or a charitable organization that is exempt from federal income taxation under Section 501(c)(3) or (19), Internal Revenue Code, may acquire a conservation easement by purchase, gift, devise, grant, lease, or bequest.
Utah Code § 57-8a-306 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-306
§ 57-8a-306. 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 this part shall award the prevailing party its costs and reasonable attorney fees incurred before the judgment or decree and, if the association is the prevailing party, any costs and reasonable attorney fees that the association incurs collecting the judgment. (2) In a nonjudicial foreclosure, an association 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 § 57-8-36 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-36
§ 57-8-36. Existing projects -- Effect of statutory amendments.
Status: in_force

Any condominium project established by instruments filed for record prior to the effective date of the foregoing amendments to the Condominium Ownership Act (hereinafter referred to as an "existing project") and the rights and obligations of all parties interested in any such existing project shall, to the extent that the declaration, bylaws, and condominium plat concerning the existing project are inconsistent with the provisions of these amendments, be governed and controlled by the provisions of the Condominium Ownership Act as they existed prior to these amendments and by the terms of the existing project's declaration, bylaws, and condominium plat to the extent that these terms are consistent with applicable law other than these amendments. Any existing project containing or purporting to contain time period units, convertible land, or convertible space, any existing project which is or purports to be a contractible, expandable, or leasehold condominium, the validity of any such project, and the validity and enforceability of any provisions concerning time period units, convertible land, convertible space, withdrawable land, additional land, or leased land which are set forth in an existing project's declaration, bylaws, or condominium plat, shall be governed by applicable law in effect prior to these amendments, including principles relating to reasonableness, certainty, and constructive and actual notice, shall not necessarily be ineffective or defeated in whole or in part because the project or provision in question does not comply or substantially comply with those requirements of the foregoing amendments which would have been applicable had the instruments creating the project been recorded after the effective date of these amendments, but shall, in any event, be valid, effective, and enforceable if the project or provision in question either substantially complies with those requirements of the foregoing amendments which relate to the subject at issue or employs an arrangement which substantially achieves the same policy as underlies those requirements of the foregoing amendments which relate to the subject at issue.
Utah Code § 57-8-52 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-52
§ 57-8-52. Termination of a delinquent owner's rights -- Notice -- Informal hearing.
Status: in_force

(1) As used in this section, "delinquent unit owner" means a unit owner who fails to pay an assessment when due. (2) A management committee may, if authorized in the declaration, bylaws, or rules and as provided in this section, terminate a delinquent unit owner's right: (a) to receive a utility service for which the unit owner pays as a common expense; or (b) of access to and use of recreational facilities. (3) (a) Before terminating a utility service or right of access to and use of recreational facilities under Subsection (2), the manager or management committee shall give the delinquent unit owner notice in a manner provided in the declaration, bylaws, or association of unit owners rules. (b) (i) A notice under Subsection (3)(a) shall state: (A) that the association of unit owners will terminate the unit owner's utility service or right of access to and use of recreational facilities, or both, if the association of unit owners does not receive payment of the assessment within the time provided in the declaration, bylaws, or association of unit owners rules, subject to Subsection (3)(b)(ii); (B) the amount of the assessment due, including any interest or late payment fee; and (C) the unit owner's right to request a hearing under Subsection (4). (ii) The time provided under Subsection (3)(b)(i)(A) may not be less than 14 days. (iii) A notice under Subsection (3)(a) may include the estimated cost to reinstate a utility service if service is terminated. (4) (a) A delinquent unit owner may submit a written request to the management committee for an informal hearing to dispute the assessment. (b) A request under Subsection (4)(a) shall be submitted within 14 days after the date the delinquent unit owner receives the notice under Subsection (3). (5) A management committee shall conduct an informal hearing requested under Subsection (4) in accordance with the standards provided in the declaration, bylaws, or association of unit owners rules. (6) If a delinquent unit owner requests a hearing, the association of unit owners may not terminate a utility service or right of access to and use of recreational facilities until after the management committee: (a) conducts the hearing; and (b) enters a final decision. (7) If an association of unit owners terminates a utility service or a right of access to and use of recreational facilities, the association of unit owners shall take immediate action to reinstate the service or right following the unit owner's payment of the assessment, including any interest and late payment fee. (8) An association of unit owners may: (a) assess a unit owner for the cost associated with reinstating a utility service that the association of unit owners terminates as provided in this section; and (b) demand that the estimated cost to reinstate the utility service be paid before the service is reinstated, if the estimated cost is included in a notice under Subsection (3).
Utah Code § 57-8-7.6 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-7.6
§ 57-8-7.6. Budget.
Status: in_force

(1) At least once annually a management committee shall prepare and adopt a budget for the association. (2) The management committee shall present the adopted budget to association members at a meeting of the members. (3) A budget is disapproved if within 45 days after the date of the meeting under Subsection (2) at which the management committee presents the adopted budget: (a) at least 51% of all the allocated voting interests of the unit owners in the association vote to disapprove the adopted budget; and (b) the vote is taken at a special meeting called by unit owners under the declaration, articles, or bylaws to disapprove the budget. (4) If a budget is disapproved under Subsection (3) or not adopted under Subsection (1), the budget that the management committee last adopted continues as the budget until the management committee prepares and adopts a new budget for the association.
Utah Code § 57-18-1 — Utah Code / Title 57 / Chapter 57-18 / § 57-18-1
§ 57-18-1. Short title.
Status: in_force

This chapter is known as the "Land Conservation Easement Act."
Utah Code § 57-3-109 — Utah Code / Title 57 / Chapter 57-3 / § 57-3-109
§ 57-3-109. Water rights addenda.
Status: in_force

(1) As used in this section: (a) "Applicable deed" means a deed executed on or after July 1, 2011: (i) conveying fee simple title to land; or (ii) conveying title to water rights without conveying title to land. (b) "Water rights addendum" means a written document that: (i) is an addendum to an applicable deed; (ii) is in a form approved by the Legislature in a joint resolution; and (iii) (A) identifies and describes the water rights transferred under an applicable deed; or (B) states that no water rights are transferred under an applicable deed. (2) Beginning July 1, 2011, a person submitting an applicable deed to a county recorder's office for recording may also submit a water rights addendum as an addendum to the applicable deed. (3) (a) A grantor shall complete and sign a water rights addendum submitted under Subsection (2). (b) A grantee shall sign a water rights addendum to acknowledge receipt of a copy of the water rights addendum. (c) A grantor's or grantee's signature on a water rights addendum may be by facsimile or electronic means. (4) The state engineer shall use and make available to the public the water rights addendum form approved by the Legislature. (5) Upon recording an applicable deed with a water rights addendum, a county recorder shall transmit a paper or electronic copy of the deed and water rights addendum to the state engineer.
Utah Code § 57-2-14 — Utah Code / Title 57 / Chapter 57-2 / § 57-2-14
§ 57-2-14. Proof of handwriting.
Status: in_force

No proof by evidence of the handwriting of a party, or of the subscribing witness or witnesses, shall be taken unless the officer taking the same shall be satisfied that all the subscribing witnesses to such conveyance are dead, out of the jurisdiction, or cannot be had to prove the execution thereof.
Utah Code § 57-8-27 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-27
§ 57-8-27. Separate taxation.
Status: in_force

(1) Each unit and its percentage of undivided interest in the common or community areas and facilities shall be considered to be a parcel and shall be subject to separate assessment and taxation by each assessing unit, special district, and special service district for all types of taxes authorized by law, including ad valorem levies and special assessments. Neither the building or buildings, the property, nor any of the common areas and facilities may be considered a parcel. (2) In the event any of the interests in real property made subject to this chapter by the declaration are leasehold interests, if the lease creating these interests is of record in the office of the county recorder, if the balance of the term remaining under the lease is at least 40 years at the time the leasehold interest is made subject to this chapter, if units are situated or are to be situated on or within the real property covered by the lease, and if the lease provides that the lessee shall pay all taxes and assessments imposed by governmental authority, then until 10 years prior to the date that the leasehold is to expire or until the lease is terminated, whichever first occurs, all taxes and assessments on the real property covered by the lease shall be levied against the owner of the lessee's interest. If the owner of the reversion under the lease has executed the declaration and condominium plat, until 10 years prior to the date that the leasehold is to expire, or until the lease is terminated, whichever first occurs, all taxes and assessments on the real property covered by the lease shall be separately levied against the unit owners having an interest in the lease, with each unit owner for taxation purposes being considered the owner of a parcel consisting of his undivided condominium interest in the fee of the real property affected by the lease. (3) No forfeiture or sale of the improvements or the property as a whole for delinquent real estate taxes, special assessments, or charges shall divest or in anywise affect the title to an individual unit if the real estate taxes or duly levied share of the assessments and charges on the individual unit are currently paid. (4) Any exemption from taxes that may exist on real property or the ownership of the property may not be denied by virtue of the submission of the property to this chapter. (5) Timeshare interests and timeshare estates, as defined in Section 57-19-2, may not be separately taxed but shall be valued, assessed, and taxed at the unit level. The value of timeshare interests and timeshare estates, for purposes of ad valorem taxation, shall be determined by valuing the real property interest associated with the timeshare interest or timeshare estate, exclusive of the value of any intangible property and rights associated with the acquisition, operation, ownership, and use of the timeshare interest or timeshare estate, including the fees and costs associated with the sale of timeshare interests and timeshare estates that exceed those fees and costs normally incurred in the sale of other similar properties, the fees and costs associated with the operation, ownership, and use of timeshare interests and timeshare estates, vacation exchange rights, vacation conveniences and services, club memberships, and any other intangible rights and benefits available to a timeshare unit owner. Nothing in this section shall be construed as requiring the assessment of any real property interest associated with a timeshare interest or timeshare estate at less than its fair market value. Notice of assessment, delinquency, sale, or any other purpose required by law is considered sufficient for all purposes if the notice is given to the management committee.
Utah Code § 57-13c-104 — Utah Code / Title 57 / Chapter 57-13c / § 57-13c-104
§ 57-13c-104. Commencement of civil action.
Status: in_force

(1) To obtain an order to relocate an easement under this chapter, a servient estate owner shall commence a civil action. (2) (a) Except as provided in Subsection (2)(b), a servient estate owner that commences a civil action under Subsection (1) shall serve a summons and complaint on: (i) the easement holder whose easement is the subject of the relocation; (ii) a security-interest holder of record of an interest in the servient estate or dominant estate; (iii) a lessee of record of an interest in the dominant estate; and (iv) any other owner of a recorded real-property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest. (b) A servient estate owner is not required to serve a summons and complaint under Subsection (2)(a) on the owner of a recorded real-property interest in oil, gas, or minerals in the dominant estate unless: (i) the real-property interest includes an easement to facilitate oil, gas, or mineral development; or (ii) the owner is a lessee of record of a real-property interest in oil, gas, or minerals in the dominant estate. (3) A complaint under this section shall state: (a) the intent of the servient estate owner to seek the relocation; (b) the nature, extent, and anticipated dates of commencement and completion of the proposed relocation; (c) the current and proposed locations of the easement; (d) the reason the easement is eligible for relocation under Section 57-13c-102; (e) the reason the proposed relocation satisfies the conditions for relocation under Section 57-13c-103; and (f) that the servient estate owner has made a reasonable attempt to notify the holders of any public-utility easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation. (4) (a) At any time before the court renders a final order in an action under Subsection (1), a person served under Subsection (2)(a)(ii), (iii), or (iv) may file a document, in recordable form, that waives the person's rights to contest or obtain relief in connection with the relocation or subordinates the person's interests to the relocation. (b) On filing of the document, the court may order that the person is not required to answer or participate further in the action.
Utah Code § 57-8-58 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-58
§ 57-8-58. Liability of declarant or management committee -- Period of declarant control.
Status: in_force

(1) An association may not, after the period of declarant control, bring a legal action against a declarant, a management committee, or an employee, an independent contractor, or an agent of the declarant or the management committee related to the period of declarant control unless: (a) the legal action is approved in advance at a meeting where owners of at least 51% in aggregate in interest of the undivided ownership of the common areas and facilities are: (i) present; or (ii) represented by a proxy specifically assigned for the purpose of voting to approve or deny the legal action at the meeting; (b) the legal action is approved by vote in person or by proxy of owners of the lesser of: (i) more than 75% in aggregate in interest of the total aggregate interest of the undivided ownership of the common areas and facilities represented by those owners present at the meeting or represented by a proxy as described in Subsection (1)(a); or (ii) more than 51% in aggregate in interest of the undivided ownership of the common areas and facilities; (c) the association provides each unit owner with the items described in Subsection (2); (d) the association establishes the trust described in Subsection (3); and (e) the association first: (i) notifies the person subject to the proposed action of the action and the basis of the association's claim; and (ii) gives the person subject to the proposed action a reasonable opportunity to resolve the dispute that is the basis of the action. (2) Before unit owners in an association may vote to approve an action described in Subsection (1), the association shall provide each unit owner: (a) a written notice that the association is contemplating legal action; and (b) after the association consults with an attorney licensed to practice in the state, a written assessment of: (i) the likelihood that the legal action will succeed; (ii) the likely amount in controversy in the legal action; (iii) the likely cost of resolving the legal action to the association's satisfaction; and (iv) the likely effect the legal action will have on a unit owner's or prospective unit buyer's ability to obtain financing for a unit while the legal action is pending. (3) Before the association commences a legal action described in Subsection (1), the association shall: (a) allocate an amount equal to 10% of the cost estimated to resolve the legal action, not including attorney fees; and (b) place the amount described in Subsection (3)(a) in a trust that the association may only use to pay the costs to resolve the legal action. (4) This section does not apply to an association that brings a legal action that has an amount in controversy of less than $75,000. (5) In a legal action brought by one or more unit owners solely against the declarant before the end of the period of declarant control, a declarant may not use any funds paid by a unit owner to the association to pay for costs of the declarant's legal defense.
Utah Code § 57-1-5 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-5
§ 57-1-5. Creation of joint tenancy presumed -- Tenancy in common -- Severance of joint tenancy -- Tenants by the entirety -- Tenants holding as community property.
Status: in_force

(1) (a) (i) (A) Beginning on May 5, 1997, and ending on May 3, 2022, an ownership interest in real estate granted to two persons in their own right who are designated as husband and wife in the granting documents is presumed to be a joint tenancy interest with rights of survivorship, unless severed, converted, or expressly declared in the grant to be otherwise. (B) Beginning on May 4, 2022, and ending on April 30, 2024, an ownership interest in real estate granted to two persons in their own right who are designated as spouses in the granting documents is presumed to be a joint tenancy interest with rights of survivorship, unless severed, converted, or expressly declared in the grant to be otherwise. (C) An ownership interest granted on or after May 1, 2024, to two or more persons in their own right is presumed to be a joint tenancy with rights of survivorship, unless severed, converted, or expressly declared in the grant to be otherwise. (ii) Except as provided in Subsection (1)(a)(iii), joint tenancy may be established between two or more people. (iii) Joint tenancy may not be established between a person and an entity or organization, including: (A) a corporation; (B) a trustee of a trust; or (C) a partnership. (iv) Joint tenancy may not be established between an entity or organization and another entity or organization. (b) An ownership interest in real estate that does not qualify for the joint tenancy presumption as provided in Subsection (1)(a) is presumed to be a tenancy in common interest unless expressly declared in the grant to be otherwise. (2) (a) Use of words "joint tenancy" or "with rights of survivorship" or "and to the survivor of them" or words of similar import means a joint tenancy. (b) (i) Use of words "tenancy in common" or "with no rights of survivorship" or "undivided interest" or words of similar import declare a tenancy in common. (ii) Use of words "and/or" in the context of an ownership interest declare a tenancy in common unless accompanied by joint tenancy language described in Subsection (2)(a), which creates a joint tenancy. (3) A person who owns real property creates a joint tenancy in himself or herself and another or others: (a) by making a transfer to himself or herself and another or others as joint tenants by use of the words as provided in Subsection (2)(a); or (b) by conveying to another person or persons an interest in land in which an interest is retained by the grantor and by declaring the creation of a joint tenancy by use of the words as provided in Subsection (2)(a). (4) In all cases, the interest of joint tenants shall be equal and undivided. (5) (a) Except as provided in Subsection (5)(b), if a joint tenant makes a bona fide conveyance of the joint tenant's interest in property held in joint tenancy to himself or herself or another, the joint tenancy is severed and converted into a tenancy in common. (b) If there is more than one joint tenant remaining after a joint tenant severs a joint tenancy under Subsection (5)(a), the remaining joint tenants continue to hold their interest in joint tenancy. (6) The amendments to this section in Laws of Utah 1997, Chapter 124, have no retrospective operation and shall govern instruments executed and recorded on or after May 5, 1997. (7) Tenants by the entirety are considered to be joint tenants. (8) Tenants holding title as community property are considered to be joint tenants.
Utah Code § 57-4a-3 — Utah Code / Title 57 / Chapter 57-4a / § 57-4a-3
§ 57-4a-3. Document recordable without acknowledgment -- Exception.
Status: in_force

(1) A document or a certified copy of a document may be recorded without acknowledgment if the document: (a) was executed under law existing at the time of execution; (b) evidences or affects title to real property; and (c) was issued under the authority of: (i) the United States, another state, a court of record, a foreign government, or an Indian tribe; or (ii) the state or a political subdivision of the state and the document: (A) was executed on or before July 1, 1988; or (B) has affixed the Great Seal in accordance with Subsection 67-1a-2(1)(f). (2) Except as provided in Subsection (1)(c)(ii), a document or a certified copy of a document executed under the authority of the state or a political subdivision of the state may not be recorded unless it includes a certificate of acknowledgment or jurat.
Utah Code § 57-16-19 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-19
§ 57-16-19. Violation of chapter by a mobile home park -- Remedies for a resident -- Attorney fees and costs.
Status: in_force

(1) A mobile home park resident may bring a cause of action against a mobile home park for damages or injunctive relief arising from a violation of this chapter. (2) A court may award reasonable attorney fees and costs to the prevailing party in an action described in Subsection (1).
Utah Code § 57-27-101 — Utah Code / Title 57 / Chapter 57-27 / § 57-27-101
§ 57-27-101. Title.
Status: in_force

This chapter is known as the "Disclosure of Methamphetamine Contaminated Property Act."
Utah Code § 57-1-36 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-36
§ 57-1-36. Trust deeds -- Instruments entitled to be recorded -- Assignment of a beneficial interest.
Status: in_force

Any trust deed, substitution of trustee, assignment of a beneficial interest under a trust deed, notice of assignment of a beneficial interest, notice of default, trustee's deed, reconveyance of the trust property, and any instrument by which any trust deed is subordinated or waived as to priority, if acknowledged as provided by law, is entitled to be recorded. The recording of an assignment of a beneficial interest under a trust deed or a notice of assignment of a beneficial interest does not in itself impart notice of the assignment to the trustor, or the trustor's heirs or personal representatives, so as to invalidate any payment made by the trustor, or the trustor's heirs or personal representatives, to the person holding the note, bond, or other instrument evidencing the obligation by the trust deed.
Utah Code § 57-8a-301 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-301
§ 57-8a-301. Lien in favor of association for assessments and costs of collection.
Status: in_force

(1) (a) Except as provided in Section 57-8a-105, an association has a lien on a lot 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 is entitled to recover under the declaration, this chapter, or an administrative or judicial decision; and (iii) a fine that the association imposes against a lot owner in accordance with Section 57-8a-208, if: (A) the time for appeal described in Subsection 57-8a-208(5) has expired and the lot owner did not file an appeal; or (B) the lot owner timely filed an appeal under Subsection 57-8a-208(5) and a court issued a final order upholding a fine imposed under Subsection 57-8a-208(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 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 declaration, if the declaration provides for a different interest rate. (4) A lien under this section has priority over each other lien and encumbrance on a lot except: (a) a lien or encumbrance recorded before the declaration is recorded; (b) a first or second security interest on the lot secured by a mortgage or trust deed that is recorded before a recorded notice of lien by or on behalf of the association; or (c) a lien for real estate taxes or other governmental assessments or charges against the lot. (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 have liens for assessments on the same lot, the liens have equal priority, regardless of when the liens are created.
Utah Code § 57-21-1 — Utah Code / Title 57 / Chapter 57-21 / § 57-21-1
§ 57-21-1. Short title.
Status: in_force

This chapter is known as the "Utah Fair Housing Act."
Utah Code § 57-8a-214 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-214
§ 57-8a-214. Fair and reasonable notice.
Status: in_force

(1) Notice that an association provides by a method allowed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, constitutes fair and reasonable notice, regardless of whether or not the association is a nonprofit corporation. (2) Notice that an association provides by a method not referred to in Subsection (1) constitutes fair and reasonable notice if: (a) the method is authorized in the declaration, articles, bylaws, or rules; and (b) considering all the circumstances, the notice is fair and reasonable. (3) (a) If provided in the declaration, articles, bylaws, or rules, an association may provide notice by electronic means, including text message, email, or the association's website. (b) Notwithstanding Subsection (3)(a), a lot owner may, by written demand, require an association to provide notice to the lot owner by mail.
Utah Code § 57-28-301 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-301
§ 57-28-301. Title.
Status: in_force

This part is known as "Reverse Mortgage Proceeds, Priority, Foreclosure, and Lender Default."
Utah Code § 57-1-3 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-3
§ 57-1-3. Grant of fee simple presumed.
Status: in_force

A fee simple title is presumed to be intended to pass by a conveyance of real estate, unless it appears from the conveyance that a lesser estate was intended.
Utah Code § 57-30-101 — Utah Code / Title 57 / Chapter 57-30 / § 57-30-101
§ 57-30-101. Definitions.
Status: in_force

As used in this chapter: (1) "Common interest community" means the same as that term is defined in Section 57-25-102. (2) "Home warranty service contract" means the same as that term is defined in Section 31A-6a-101. (3) "Record" means to submit a document to a county recorder for official placement in a public land record. (4) (a) "Residential property service agreement" means, except as provided in Subsection (4)(b), an agreement to provide services in connection with: (i) the purchase or sale of residential real estate; or (ii) the maintenance of residential real estate in preparation for purchase or sale. (b) "Residential property service agreement" does not include: (i) a home warranty service agreement; (ii) an insurance contract; (iii) an agreement for an option to purchase or right of refusal; (iv) a maintenance or repair agreement between an owner of real property within a common interest community and a homeowners' association or other similar organization; or (v) an agreement to provide Internet or utility equipment or services. (5) "Residential real estate" means real property located in the state that is: (a) used primarily for a personal, family, or household purpose; and (b) contains fewer than five dwelling units.
Utah Code § 57-1-23 — Utah Code / Title 57 / Chapter 57-1 / § 57-1-23
§ 57-1-23. Sale of trust property -- Power of trustee -- Foreclosure of trust deed.
Status: in_force

The trustee who is qualified under Subsection 57-1-21(1)(a)(i) or (iv) is given the power of sale by which the trustee may exercise and cause the trust property to be sold in the manner provided in Sections 57-1-24 and 57-1-27, after a breach of an obligation for which the trust property is conveyed as security; or, at the option of the beneficiary, a trust deed may be foreclosed in the manner provided by law for the foreclosure of mortgages on real property. The power of sale may be exercised by the trustee without express provision for it in the trust deed.
Utah Code § 57-8-6 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-6
§ 57-8-6. Ownership and possession rights.
Status: in_force

Each unit owner shall be entitled to the exclusive ownership and possession of that unit owner's unit. The owner of a time period condominium unit shall be entitled to the exclusive ownership and possession of the physical unit to which that owner's time period relates and shall be entitled to the use and enjoyment of the common areas and facilities during, but only during, such annually recurring part or parts of a year as describe and define the time period unit concerned in the declaration.
Utah Code § 57-16-18 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-18
§ 57-16-18. Notice required for change in land use or condemnation -- Local ordinances forbidden.
Status: in_force

(1) (a) The owner of a mobile home park shall send notice using first-class mail to each resident of the mobile home park of any planned change in land use or condemnation of the park or any portion of the park at least nine months before the day on which the resident is required to vacate the mobile home park. (b) Subsection (1)(a) does not apply to a mobile home park condemned by a government entity. (2) If the planned change in land use or condemnation requires the approval of a governmental agency, the mobile home park owner, in addition to the notice required by Subsection (1), shall send notice using first-class mail of the date set for the initial hearing before the governmental agency to each resident at least seven days before the date scheduled for the initial hearing. (3) If a resident is not a resident of the mobile home park at the time notice was sent under Subsection (1), the owner shall give written notice, of the change of use to the resident before the resident occupies the mobile home space, either by first-class mail or personal service. (4) During the period of time between the provision of notice under Subsection (1) and the day on which the resident is required to vacate the mobile home park, the mobile home park owner may not increase rent. (5) A town, city, or county may not enact any ordinance governing the closure of a mobile home park.
Utah Code § 57-12-7 — Utah Code / Title 57 / Chapter 57-12 / § 57-12-7
§ 57-12-7. Replacement property.
Status: in_force

(1) No person shall be required to move or be relocated from land used for the person's residence and acquired under any of the condemnation or eminent domain laws of this state until the person has been offered a comparable replacement dwelling, including the curtilage, which is a decent, safe, clean, and sanitary dwelling, including the curtilage, adequate to accommodate the occupants, available on the private market, and reasonably accessible to public services and places of employment. (2) If a program or project cannot proceed to actual construction because comparable sale or rental housing is not available and cannot otherwise be made available, such action shall be taken as is necessary or appropriate to provide this housing by use of funds authorized for the project. (3) No person shall be required to move from the person's dwelling, including the curtilage, after the effective date of this act because of any project of the agency, unless replacement housing is available to, and offered to the property owner. (4) The agency shall assist owners of small businesses and family farms in identifying replacement properties available on the private market, located within the jurisdiction of the agency.
Utah Code § 57-8-30 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-30
§ 57-8-30. Application of insurance proceeds to reconstruction.
Status: in_force

In case of fire or any other disaster, the insurance proceeds, if sufficient to reconstruct the building, shall be applied to such reconstruction. Reconstruction of the building, as used in this section and Section 57-8-31, means restoring the building to substantially the same condition in which it existed prior to the fire or other disaster, with each unit and the common elements having the same vertical and horizontal boundaries as before.
Utah Code § 57-28-201 — Utah Code / Title 57 / Chapter 57-28 / § 57-28-201
§ 57-28-201. Title.
Status: in_force

This part is known as "Reverse Mortgage Requirements."
Utah Code § 57-8-4.5 — Utah Code / Title 57 / Chapter 57-8 / § 57-8-4.5
§ 57-8-4.5. Removing or altering partition or creating aperture between adjoining units.
Status: in_force

(1) Subject to the declaration, a unit owner may, after acquiring an adjoining unit that shares a common wall with the unit owner's unit: (a) remove or alter a partition between the unit owner's unit and the acquired unit, even if the partition is entirely or partly common areas and facilities; or (b) create an aperture to the adjoining unit or portion of a unit. (2) A unit owner may not take an action under Subsection (1) if the action would: (a) impair the structural integrity or mechanical systems of the building or either unit; (b) reduce the support of any portion of the common areas and facilities or another unit; or (c) constitute a violation of Section 10-20-811 or 17-79-711, as applicable, a local government land use ordinance, or a building code. (3) The management committee may require a unit owner to submit, at the unit owner's expense, a registered professional engineer's or registered architect's opinion stating that a proposed change to the unit owner's unit will not: (a) impair the structural integrity or mechanical systems of the building or either unit; (b) reduce the support or integrity of common areas and facilities; or (c) compromise structural components. (4) The management committee may require a unit owner to pay all of the legal and other expenses of the association of unit owners related to a proposed alteration to the unit or building under this section. (5) An action under Subsection (1) does not change an assessment or voting right attributable to the unit owner's unit or the acquired unit, unless the declaration provides otherwise.
Utah Code § 57-11-11 — Utah Code / Title 57 / Chapter 57-11 / § 57-11-11
§ 57-11-11. Rules of division -- Notice and hearing requirements -- Filing advertising material -- Injunctions -- Intervention by division in suits -- General powers of division.
Status: in_force

(1) (a) The division shall prescribe reasonable rules which shall be adopted, amended, or repealed only after a public hearing. (b) The division shall: (i) publish notice of the public hearing described in Subsection (1)(a) for the state, as a class A notice under Section 63G-30-102, for at least 20 days before the day of the hearing; and (ii) send a notice to a nonprofit organization which files a written request for notice with the division at least 20 days before the day of the hearing. (2) The rules shall include but need not be limited to: (a) provisions for advertising standards to assure full and fair disclosure; and (b) provisions for escrow or trust agreements, performance bonds, or other means reasonably necessary to assure that all improvements referred to in the application for registration and advertising will be completed and that purchasers will receive the interest in land contracted for. (3) These provisions, however, shall not be required if the city or county in which the subdivision is located requires similar means of assurance of a nature and in an amount no less adequate than is required under said rules: (a) provisions for operating procedures; (b) provisions for a shortened form of registration in cases where the division determines that the purposes of this act do not require a subdivision to be registered pursuant to an application containing all the information required by Section 57-11-6 or do not require that the public offering statement contain all the information required by Section 57-11-7; and (c) other rules necessary and proper to accomplish the purpose of this chapter. (4) The division by rule or order, after reasonable notice, may require the filing of advertising material relating to subdivided lands prior to its distribution, provided that the division must approve or reject any advertising material within 15 days from the receipt thereof or the material shall be considered approved. (5) (a) If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule or order hereunder, the agency, with or without prior administrative proceedings, may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. (b) Upon proper showing, a court may grant injunctive relief or temporary restraining orders or appoint a receiver or conservator. (c) The division shall not be required to post a bond in any court proceedings. (6) The division shall be allowed to intervene in a suit involving subdivided lands, either as a party or as an amicus curiae, where it appears that the interpretation or constitutionality of any provision of law will be called into question. In any suit by or against a subdivider involving subdivided lands, the subdivider promptly shall furnish the agency notice of the suit and copies of all pleadings. Failure to do so may, in the discretion of the division, constitute grounds for the division withholding any approval required by this chapter. (7) The division may: (a) accept registrations filed in other states or with the federal government; (b) contract with public agencies or qualified private persons in this state or other jurisdictions to perform investigative functions; and (c) accept grants-in-aid from any source. (8) The division shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules, and common administrative practices.
Utah Code § 57-14-301 — Utah Code / Title 57 / Chapter 57-14 / § 57-14-301
§ 57-14-301. Owner liability to trespasser.
Status: in_force

(1) Except as provided in Subsection (2), with respect to a trespasser, an owner does not: (a) make any representation or extend any assurance that the land is safe for any purpose; (b) owe any duty of care to the trespasser; (c) assume responsibility for or incur liability for any injury to, the death of, or damage to property of, a trespasser; or (d) owe any duty to curtail the owner's use of the land. (2) Notwithstanding Subsection (1) and except as provided in Subsection (3), an owner may be subject to liability for serious physical injury or death to a trespasser if: (a) (i) the trespasser is a child; (ii) the serious physical injury or death is caused by an artificial condition on the land; (iii) the owner knows or reasonably should know that: (A) the artificial condition exists; (B) the artificial condition poses an unreasonable risk of serious physical injury or death to a child; and (C) a child is likely to trespass at the location of the artificial condition; (iv) the artificial condition is not of a type that a child, because of the child's youth, would discover exists or would not realize that the artificial condition poses a risk of serious physical injury or death; and (v) the owner fails to take reasonable measures to eliminate, or to protect against serious physical injury or death from, the artificial condition; (b) (i) the serious physical injury or death: (A) occurs on a limited area of the land that the owner knows, or reasonably should know, is constantly intruded upon by trespassers; and (B) is caused by an activity conducted by the owner that poses a risk of serious physical injury or death to a trespasser; and (ii) the owner fails to conduct the activity described in Subsection (2)(b)(i)(B) with reasonable care for a trespasser's safety. (3) An owner is not subject to liability for serious physical injury or death to a trespasser under Subsection (2) if: (a) the burden on the owner to eliminate, or to protect against serious physical injury or death from, the artificial condition outweighs the risk of serious physical injury or death posed by the artificial condition; or (b) the serious injury or death is caused by an irrigation canal or ditch. (4) An owner is not subject to liability for serious physical injury or death to a trespasser if: (a) the conduct of the owner that results in serious physical injury or death is permitted or justified under: (i) Title 76, Chapter 2, Part 4, Justification Excluding Criminal Responsibility; or (ii) any other provision of law; or (b) the serious physical injury or death is caused by the owner's dog in accordance with Subsection 18-1-1(3)(b). (5) A public transit district is not subject to liability for a serious physical injury or death to a trespasser under Subsection (2) if the serious injury or death is caused by a trespasser entering into a fixed guideway, railroad right-of-way, or on transit facilities or premises in violation of Section 56-1-18.5 or Section 41-6a-1005. (6) Nothing in this chapter shall impose liability on an owner except to the extent liability existed as of May 14, 2013.
Utah Code § 57-16-13 — Utah Code / Title 57 / Chapter 57-16 / § 57-16-13
§ 57-16-13. Abandonment.
Status: in_force

Abandonment of a mobile home space and a mobile home within a mobile home park is presumed in either of the following situations: (1) (a) the resident or occupant of the mobile home has not notified the park that the resident or occupant will be absent from the mobile home space or mobile home, and the resident or occupant fails to pay rent within 45 days after the due date; and (b) the mobile home park owner has no reasonable evidence, other than the presence of the resident's or occupant's personal property, that the resident or occupant is continuing to occupy the mobile home space and the mobile home; or (2) (a) the resident or occupant of the mobile home has not notified the park that the resident or occupant will be absent from the mobile home space where the mobile home is located, and the resident or occupant fails to pay rent when due; and (b) the resident's or occupant's personal property has been removed from the mobile home, and there is no reasonable evidence that the resident or occupant is occupying the mobile home space or mobile home.
Utah Code § 57-14-501 — Utah Code / Title 57 / Chapter 57-14 / § 57-14-501
§ 57-14-501. Limitation of award of noneconomic damages.
Status: in_force

(1) In an action arising on or after May 14, 2019, against an owner of land for an injury to a person or damage to property, if a plaintiff is awarded noneconomic losses, the amount of the award for noneconomic losses may not exceed $450,000. (2) The limit described in Subsection (1) does not apply to: (a) an award of punitive damages; (b) a claim for wrongful death; or (c) a liability described in Subsection 57-14-204(1).
Utah Code § 57-8a-213 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-213
§ 57-8a-213. Board action to enforce governing documents -- Parameters.
Status: in_force

(1) (a) The board shall use its reasonable judgment to determine whether to exercise the association's powers to impose sanctions or pursue legal action for a violation of the governing documents, including: (i) whether to compromise a claim made by or against the board or the association; and (ii) whether to pursue a claim for an unpaid assessment. (b) The association may not be required to take enforcement action if the board determines, after fair review and acting in good faith and without conflict of interest, that under the particular circumstances: (i) the association's legal position does not justify taking any or further enforcement action; (ii) the covenant, restriction, or rule in the governing documents is likely to be construed as inconsistent with current law; (iii) (A) a technical violation has or may have occurred; and (B) the violation is not material as to a reasonable person or does not justify expending the association's resources; or (iv) it is not in the association's best interests to pursue an enforcement action, based upon hardship, expense, or other reasonable criteria. (2) Subject to Subsection (3), if the board decides under Subsection (1)(b) to forego enforcement, the association is not prevented from later taking enforcement action. (3) The board may not be arbitrary, capricious, or against public policy in taking or not taking enforcement action. (4) This section does not govern whether the association's action in enforcing a provision of the governing documents constitutes a waiver or modification of that provision.
Utah Code § 57-8a-304 — Utah Code / Title 57 / Chapter 57-8a / § 57-8a-304
§ 57-8a-304. Provisions applicable to nonjudicial foreclosure.
Status: in_force

(1) An association's nonjudicial foreclosure of a lot is governed by: (a) Sections 57-1-19 through 57-1-34, to the same extent as though the association's lien were a trust deed; and (b) this part. (2) If there is a conflict between a provision of this part and a provision of Sections 57-1-19 through 57-1-34 with respect to an association's nonjudicial foreclosure of a lot, the provision of this part controls.