reglab/housing_qa huggingface dataset:
UT Code § 57-8-21 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 21 - Acquisition through tax deed or foreclosure of liens.

57-8-21. Acquisition through tax deed or foreclosure of liens.  In the event any person shall acquire, through foreclosure, exercise of power of sale, or other enforcement of any lien, or by tax deed, the interest of any unit owner, the interest acquired shall be subject to all the provisions of this act and to the covenants, conditions and restrictions contained in the declaration, the condominium plat, the bylaws, the house rules, or any deed affecting the interest then in force.  Amended by Chapter 265, 2003 General Session
UT Code § 57-8-22 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 22 - Removal of property from statutory provisions.

57-8-22. Removal of property from statutory provisions.    (1) All of the unit owners may remove a property from the provisions of this act by an instrument duly recorded to that effect, provided that the holders of all liens affecting any of the units consent or agree by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the unit owner in the property.     (2) Upon removal of the property from the provisions of this act, the property shall be deemed to be owned in common by the unit owners. The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities.    Enacted by Chapter 111, 1963 General Session
UT Code § 57-8-23 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 23 - Removal no bar to subsequent resubmission.

 Effective 7/1/2014  57-8-23. Removal no bar to subsequent resubmission.  The removal provided for in Section 57-8-22 does not bar the subsequent resubmission of the property to the provisions of this chapter.  Amended by Chapter 152, 2013 General Session
UT Code § 57-8-24 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 24 - Common profits, common expenses, and voting rights -- Unit -- Unconstructed unit.

 Effective 3/23/2016  57-8-24. Common profits, common expenses, and voting rights -- Unit -- Unconstructed unit.    (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.      Amended by Chapter 210, 2016 General Session
UT Code § 57-8-25 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 25 - Joint and several liability of grantor and grantee for unpaid common expenses.

57-8-25. Joint and several liability of grantor and grantee for unpaid common expenses.  In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's rights to recover from the grantor the amounts paid by the grantee. However, any such grantee shall be entitled to a statement from the manager or management committee setting forth the amounts of the unpaid assessments against the grantor, and such grantee shall not be liable for, nor shall the unit conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount set forth.  Enacted by Chapter 111, 1963 General Session
UT Code § 57-8-26 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 26 - Waiver of use of common areas and facilities -- Abandonment of unit.

57-8-26. Waiver of use of common areas and facilities -- Abandonment of unit.  No unit owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his unit.  Enacted by Chapter 111, 1963 General Session
UT Code § 57-8-28 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 28 - Exemption from rules of property.

57-8-28. Exemption from rules of property.  The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this act, or of any declaration, bylaws or other document executed in accordance with this act.  Enacted by Chapter 111, 1963 General Session
UT Code § 57-8-30 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 30 - Application of insurance proceeds to reconstruction.

57-8-30. Application of insurance proceeds to reconstruction.  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.  Enacted by Chapter 111, 1963 General Session
UT Code § 57-8-31 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 31 - Disposition of property where insurance proceeds are insufficient for reconstruction.

57-8-31. Disposition of property where insurance proceeds are insufficient for reconstruction.  Unless otherwise provided in the declaration or bylaws, if the insurance proceeds are insufficient to reconstruct the building, damage to or destruction of the building shall be promptly repaired and restored by the manager or management committee, using proceeds of insurance, if any, on the building for that purpose, and the unit owners shall be liable for assessment for any deficiency. However, if three-fourths or more of the building is destroyed or substantially damaged and if the unit owners, by a vote of at least three-fourths of such unit owners, do not voluntarily, within 100 days after such destruction or damage, make provision for reconstruction, the manager or management committee shall record, with the county recorder, a notice setting forth such facts, and upon the recording of such notice:  (1) The property shall be deemed to be owned in common by the unit owners;     (2) The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by such owner in the common elements;     (3) Any liens affecting any of the units shall be deemed to be transferred in accordance with the existing priorities to the undivided interest of the unit owner in the property; and     (4) The property shall be subject to an action for partition at the suit of any unit owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the unit owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the unit owners, to the extent sufficient for the purposes, all liens on the undivided interest in the property owned by each unit owner.    Enacted by Chapter 111, 1963 General Session
UT Code § 57-8-32 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 32 - Sale of property.

 Effective 5/9/2017  57-8-32. Sale of property.    (1) Unless otherwise provided in the declaration or bylaws, and notwithstanding the provisions of Sections 57-8-30 and 57-8-31, the unit owners may, at a meeting of unit owners called for the purpose of voting, by an affirmative vote of at least 67% of unit owners, elect to sell or otherwise dispose of the property.     (2) An affirmative vote described in Subsection (1) is binding upon all unit owners, and each unit owner shall execute and deliver the appropriate instruments and perform all acts as necessary to effect the sale.    Amended by Chapter 405, 2017 General Session
UT Code § 57-8-33 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 33 - Actions.

57-8-33. Actions.  Without limiting the rights of any unit owner, actions may be brought by the manager or management committee, in either case in the discretion of the management committee, on behalf of two or more of the unit owners, as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one unit. Service of process on two or more unit owners in any action relating to the common areas and facilities or more than one unit may be made on the person designated in the declaration to receive service of process.  Enacted by Chapter 111, 1963 General Session
UT Code § 57-8-34 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 34 - Persons subject to provisions and agreements.

57-8-34. Persons subject to provisions and agreements.    (1) All unit owners, tenants of such owners, employees of owners and tenants, or any other person who may in any manner use the property or any part thereof submitted to the provisions of this act shall be subject to this act and to the declaration and bylaws adopted pursuant to the provisions of this act.     (2) All agreements, decisions and determinations lawfully made by the manager, management committee or by the association of unit owners in accordance with this act, the declaration or bylaws, shall be deemed to be binding on all unit owners.    Enacted by Chapter 111, 1963 General Session
UT Code § 57-8-36 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 36 - Existing projects -- Effect of statutory amendments.

57-8-36. Existing projects -- Effect of statutory amendments.  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.  Amended by Chapter 265, 2003 General Session
UT Code § 57-8-38 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 38 - Arbitration.

57-8-38. Arbitration.  The declaration, bylaws, or association rules may provide that disputes between the parties shall be submitted to arbitration pursuant to Title 78B, Chapter 11, Utah Uniform Arbitration Act.  Amended by Chapter 3, 2008 General Session
UT Code § 57-8-39 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 39 - Limitation on requirements for amending governing documents -- Limitation on contracts.

 Effective 5/9/2017  57-8-39. Limitation on requirements for amending governing documents -- Limitation on contracts.    (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) 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.         (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.    Amended by Chapter 324, 2017 General Session
UT Code § 57-8-41 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 41 - Lender approval -- Declaration amendments and association action.

57-8-41. Lender approval -- Declaration amendments and association action.    (1) If a security holder's consent is a condition for amending a declaration or bylaw, or for an action of the association of unit owners or management committee, then, subject to Subsection (4), the security holder's consent is presumed if:   (a) written notice of the proposed amendment or action is sent by certified or registered mail to the security holder's address listed for receiving notice in the recorded trust deed or other recorded document evidencing the security interest;     (b) 60 days have passed after the day on which notice was mailed; and     (c) the person designated for receipt of the response in the notice has not received a written response from the security holder either consenting to or refusing to accept the amendment or action.       (2) The provisions of Subsection (1) shall apply to:   (a) an association of unit owners formed before and after May 12, 2009; and     (b) documents created and recorded before and after May 12, 2009.       (3) If, under Subsection (1), a security holder's address for receiving notice is not provided in the recorded documents evidencing the security interest, the association of unit owners:   (a) shall use reasonable efforts to find a mailing address for the security holder; and     (b) may send the notice to any address obtained under Subsection (3)(a).       (4) If a security holder responds in writing within 60 days after the day on which the notice is mailed under Subsection (1), indicating that the security interest has been assigned or conveyed to another person, without any recorded document evidencing such a conveyance, the association of unit owners:   (a) may not presume the security holder's consent under Subsection (1); and     (b) shall send a notice in accordance with Subsection (1) to the person assigned or conveyed the security interest.       (5) The association of unit owners shall:   (a) send a notice as described in Subsection (4)(b) to the person assigned or conveyed the interest at an address provided by the security holder under Subsection (4); or     (b) if no address is provided, shall use reasonable efforts to find a mailing address for, and send notice to, the person assigned or conveyed the interest.      Enacted by Chapter 178, 2009 General Session
UT Code § 57-8-42 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 42 - Fair and reasonable notice.

57-8-42. Fair and reasonable notice.    (1) Notice that an association of unit owners provides by a method allowed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, constitutes fair and reasonable notice, whether or not the association of unit owners is a nonprofit corporation.     (2) Notice that an association of unit owners provides by a method not referred to in Subsection (1), including a method described in Subsection (3), 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 of unit owners may provide notice by electronic means, including text message, email, or the website of the association of unit owners.     (b) Notwithstanding Subsection (3)(a), a unit owner may, by written demand, require an association of unit owners to provide notice to the unit owner by mail.      Enacted by Chapter 355, 2011 General Session
UT Code § 57-8-44 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 44 - Lien in favor of association of unit owners for assessments and costs of collection.

 Effective 5/13/2014  57-8-44. Lien in favor of association of unit owners for assessments and costs of collection.    (1)   (a) Except as provided in Section 57-8-13.1, an association of unit owners has a lien on a unit for:   (i) an assessment;     (ii) except as provided in the declaration, fees, charges, and costs associated with collecting an unpaid assessment, including:   (A) court costs and reasonable attorney fees;     (B) late charges;     (C) interest; and     (D) any other amount that the association of unit owners is entitled to recover under the declaration, this chapter, or an administrative or judicial decision; and       (iii) a fine that the association of unit owners imposes against a unit owner in accordance with Section 57-8-37, if:   (A) the time for appeal described in Subsection 57-8-37(5) has expired and the unit owner did not file an appeal; or     (B) the unit owner timely filed an appeal under Subsection 57-8-37(5) and the district court issued a final order upholding a fine imposed under Subsection 57-8-37(1).         (b) The recording of a declaration constitutes record notice and perfection of a lien described in Subsection (1)(a).       (2) If an assessment is payable in installments, a lien described in Subsection (1)(a)(i) is for the full amount of the assessment from the time the first installment is due, unless the association of unit owners otherwise provides in a notice of assessment.     (3) An unpaid assessment or fine accrues interest at the rate provided:   (a) in Subsection 15-1-1(2); or     (b) in the governing documents, if the governing documents provide for a different interest rate.       (4) A lien under this section has priority over each other lien and encumbrance on a unit except:   (a) a lien or encumbrance recorded before the declaration is recorded;     (b) a first or second security interest on the unit secured by a mortgage or deed of trust that is recorded before a recorded notice of lien by or on behalf of the association of unit owners; or     (c) a lien for real estate taxes or other governmental assessments or charges against the unit.       (5) A lien under this section is not subject to Title 78B, Chapter 5, Part 5, Utah Exemptions Act.     (6) Unless the declaration provides otherwise, if two or more associations of unit owners have liens for assessments on the same unit, the liens have equal priority, regardless of when the liens are created.    Amended by Chapter 116, 2014 General Session