reglab/housing_qa huggingface dataset:
UT Code § 57-8a-221 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 221 - Reincorporation of terminated or dissolved association.

57-8a-221. Reincorporation of terminated or dissolved association.    (1) An association that is terminated or dissolved without possibility of reinstatement under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, may be reincorporated by the acting directors of the association refiling articles of incorporation that are substantially similar to the articles of incorporation, as amended, in existence at the time of termination or dissolution.     (2) Upon the association's reincorporation under Subsection (1):   (a) the board of directors shall readopt bylaws for the association that are the same as the bylaws that were in existence at the time of termination or dissolution; and     (b) all lot owners within the project are members of the reincorporated association.      Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-222 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 222 - Removing or altering partition or creating aperture between dwelling units on adjoining lots.

 Effective 7/1/2014  57-8a-222. Removing or altering partition or creating aperture between dwelling units on adjoining lots.    (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 10-9a-608 or 17-27a-608, 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.    Enacted by Chapter 152, 2013 General Session
UT Code § 57-8a-223 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 223 - Eminent domain -- Common area.

 Effective 7/1/2014  57-8a-223. Eminent domain -- Common area.  Unless the declaration provides otherwise:  (1) if part of the common area is taken by eminent domain:   (a) the entity taking part of the common area shall pay to the association the portion of the compensation awarded for the taking that is attributable to the common area; and     (b) the association shall equally divide any portion of the award attributable to the taking of a limited common area among the owners of the lots to which the limited common area was allocated at the time of the taking; and       (2) an association shall submit for recording to each applicable county recorder the court judgment or order in an eminent domain action that results in the taking of some or all of the common area.    Enacted by Chapter 152, 2013 General Session
UT Code § 57-8a-224 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 224 - Responsibility for the maintenance, repair, and replacement of common areas and lots.

 Effective 7/1/2015  57-8a-224. Responsibility for the maintenance, repair, and replacement of common areas and lots.    (1) As used in this section:   (a) "Emergency repair" means a repair that, if not made in a timely manner, will likely result in immediate and substantial damage to a common area or to another lot.     (b) "Reasonable notice" means:   (i) written notice that is hand delivered to the lot at least 24 hours before the proposed entry; or     (ii) in the case of an emergency repair, notice that is reasonable under the circumstances.         (2) Except as otherwise provided in the declaration or Part 4, Insurance:   (a) an association is responsible for the maintenance, repair, and replacement of common areas; and     (b) a lot owner is responsible for the maintenance, repair, and replacement of the lot owner's lot.       (3) After reasonable notice to the occupant of the lot being entered, the board may access a lot:   (a) from time to time during reasonable hours, as necessary for the maintenance, repair, or replacement of any of the common areas; or     (b) for making an emergency repair.       (4)   (a) An association is liable to repair damage it causes to the common areas or to a lot the association uses to access the common areas.     (b) An association shall repair damage described in Subsection (4)(a) within a time that is reasonable under the circumstances.       (5) Subsections (2), (3), and (4) do not apply during the period of administrative control.    Amended by Chapter 34, 2015 General SessionAmended by Chapter 325, 2015 General SessionAmended by Chapter 387, 2015 General Session
UT Code § 57-8a-225 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 225 - Association's right to pay delinquent utilities.

 Effective 5/12/2015  57-8a-225. Association's right to pay delinquent utilities.    (1) Upon request in accordance with Subsection (2), at least 10 days before the day on which an electrical corporation or a gas corporation discontinues service to a lot, the electrical corporation or gas corporation shall give the association:   (a) written notice that the electrical corporation or gas corporation will discontinue service to the lot; and     (b) an opportunity to pay any delinquent charges and maintain service to the lot.       (2) An association may request the notice and opportunity to pay described in Subsection (1) by sending a written request to the electrical corporation or gas corporation that includes:   (a) the address of each lot in the association;     (b) the association's name, mailing address, phone number, and email address; and     (c) the address where the electrical corporation or gas corporation may send notices.       (3) If, after an electrical corporation or a gas corporation sends a written notice described in Subsection (1) to an association and the association does not pay the delinquent charges within 10 days after the day on which the electrical corporation or gas corporation sends the notice, the electrical corporation or gas corporation may discontinue service to the lot.     (4) An association may collect any payment to an electrical corporation or a gas corporation under this section as an assessment in accordance with Section 57-8a-301.     (5)   (a) If, after an association receives a written notice described in Subsection (1), the association decides not to pay the delinquent charges, the association may, if permitted by the association's governing documents, and after reasonable notice to the lot owner:   (i) enter the lot; and     (ii) winterize the lot.       (b) A person who enters a lot in accordance with Subsection (5)(a) is not liable for trespass.     (c) An association may charge a lot owner an assessment for the actual and reasonable costs of winterizing a lot in accordance with this Subsection (5).      Enacted by Chapter 213, 2015 General SessionAmended by Chapter 325, 2015 General Session, (Coordination Clause)
UT Code § 57-8a-229 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 229 - Liability of declarant or board of directors -- Period of administrative control.

 Effective 5/9/2017  57-8a-229. Liability of declarant or board of directors -- Period of administrative control.    (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.    Enacted by Chapter 284, 2017 General Session  Technically renumbered to avoid duplication of section number also enacted in HB201, Chapter 324.
UT Code § 57-8a-230 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 230 - Administration of funds.

 Effective 5/8/2018  57-8a-230. Administration of funds.  An association:  (1) shall keep all of the association's funds in an account in the name of the association; and     (2) may not commingle the association's funds with the funds of any other person.    Enacted by Chapter 395, 2018 General Session
UT Code § 57-8a-301 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 3 - Collection of Assessments|Section 301 - Lien in favor of association for assessments and costs of collection.

 Effective 5/13/2014  57-8a-301. Lien in favor of association for assessments and costs of collection.    (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 the district 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.    Amended by Chapter 116, 2014 General Session
UT Code § 57-8a-302 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 3 - Collection of Assessments|Section 302 - Enforcement of a lien.

57-8a-302. Enforcement of a lien.    (1)   (a) Except as provided in Section 57-8a-105, to enforce a lien established under Section 57-8a-301, an association may:   (i) cause a lot to be sold through nonjudicial foreclosure as though the lien were a deed of trust, in the manner provided by:   (A) Sections 57-1-24, 57-1-25, 57-1-26, and 57-1-27; and     (B) this part; or       (ii) foreclose the lien through a judicial foreclosure in the manner provided by:   (A) law for the foreclosure of a mortgage; and     (B) this part.         (b) For purposes of a nonjudicial or judicial foreclosure as provided in Subsection (1)(a):   (i) the association is considered to be the beneficiary under a trust deed; and     (ii) the lot owner is considered to be the trustor under a trust deed.         (2) A lot owner's acceptance of the owner's interest in a lot constitutes a simultaneous conveyance of the lot in trust, with power of sale, to the trustee designated as provided in this section for the purpose of securing payment of all amounts due under the declaration and this chapter.     (3)   (a) A power of sale and other powers of a trustee under this part and under Sections 57-1-19 through 57-1-34 may not be exercised unless the association appoints a qualified trustee.     (b) An association's execution of a substitution of trustee form authorized in Section 57-1-22 is sufficient for appointment of a trustee under Subsection (3)(a).     (c) A person may not be a trustee under this part unless the person qualifies as a trustee under Subsection 57-1-21(1)(a)(i) or (iv).     (d) A trustee under this part is subject to all duties imposed on a trustee under Sections 57-1-19 through 57-1-34.       (4) This part does not prohibit an association from bringing an action against a lot owner to recover an amount for which a lien is created under Section 57-8a-301 or from taking a deed in lieu of foreclosure, if the action is brought or deed taken before the sale or foreclosure of the lot owner's lot under this part.    Amended by Chapter 95, 2013 General Session
UT Code § 57-8a-304 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 3 - Collection of Assessments|Section 304 - Provisions applicable to nonjudicial foreclosure.

57-8a-304. Provisions applicable to nonjudicial foreclosure.    (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.    Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-305 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 3 - Collection of Assessments|Section 305 - One-action rule not applicable -- Abandonment of enforcement proceeding.

57-8a-305. One-action rule not applicable -- Abandonment of enforcement proceeding.    (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.    Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-306 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 3 - Collection of Assessments|Section 306 - Costs and attorney fees in lien enforcement action.

57-8a-306. Costs and attorney fees in lien enforcement action.    (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.    Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-307 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 3 - Collection of Assessments|Section 307 - Action to recover unpaid assessment.

57-8a-307. Action to recover unpaid assessment.  An association need not pursue a judicial foreclosure or nonjudicial foreclosure to collect an unpaid assessment but may file an action to recover a money judgment for the unpaid assessment without waiving the lien under Section 57-8a-301.  Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-308 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 3 - Collection of Assessments|Section 308 - Appointment of receiver.

57-8a-308. Appointment of receiver.  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).    Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-309 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 3 - Collection of Assessments|Section 309 - Termination of a delinquent owner's rights -- Notice -- Informal hearing.

57-8a-309. Termination of a delinquent owner's rights -- Notice -- Informal hearing.    (1) As used in this section, "delinquent lot owner" means a lot owner who fails to pay an assessment when due.     (2) A board may, if authorized in the declaration, bylaws, or rules and as provided in this section, terminate a delinquent lot owner's right:   (a) to receive a utility service for which the lot owner pays as a common expense; or     (b) of access to and use of recreational facilities.       (3)   (a) Before terminating a utility service or right of access to and use of recreational facilities under Subsection (2), the manager or board shall give the delinquent lot owner notice in a manner provided in the declaration, bylaws, or association rules.     (b)   (i) A notice under Subsection (3)(a) shall state:   (A) that the association will terminate the lot owner's utility service or right of access to and use of recreational facilities, or both, if the association does not receive payment of the assessment within the time provided in the declaration, bylaws, or association rules, subject to Subsection (3)(b)(ii);     (B) the amount of the assessment due, including any interest or late payment fee; and     (C) the lot owner's right to request a hearing under Subsection (4).       (ii) The time provided under Subsection (3)(b)(i)(A) may not be less than 14 days.     (iii) A notice under Subsection (3)(a) may include the estimated cost to reinstate a utility service if service is terminated.         (4)   (a) A delinquent lot owner may submit a written request to the board for an informal hearing to dispute the assessment.     (b) A request under Subsection (4)(a) shall be submitted within 14 days after the date the delinquent lot owner receives the notice under Subsection (3).       (5) A board shall conduct an informal hearing requested under Subsection (4) in accordance with the standards provided in the declaration, bylaws, or association rules.     (6) If a delinquent lot owner requests a hearing, the association may not terminate a utility service or right of access to and use of recreational facilities until after the board:   (a) conducts the hearing; and     (b) enters a final decision.       (7) If an association terminates a utility service or a right of access to and use of recreational facilities, the association shall take immediate action to reinstate the service or right following the lot owner's payment of the assessment, including any interest and late payment fee.     (8) An association may:   (a) assess a lot owner for the cost associated with reinstating a utility service that the association terminates as provided in this section; and     (b) demand that the estimated cost to reinstate the utility service be paid before the service is reinstated, if the estimated cost is included in a notice under Subsection (3).      Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-311 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 3 - Collection of Assessments|Section 311 - Statement from association's manager or board of unpaid assessment.

57-8a-311. Statement from association's manager or board of unpaid assessment.    (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.    Enacted by Chapter 355, 2011 General Session