reglab/housing_qa huggingface dataset:
UT Code § 57-8a-401 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 4 - Insurance|Section 401 - Definition.

57-8a-401. Definition.  As used in this part, "reasonably available" means available using typical insurance carriers and markets, irrespective of the ability of the association to pay.  Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-402 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 4 - Insurance|Section 402 - Applicability of part.

57-8a-402. Applicability of part.    (1) This part applies to an insurance policy or combination of insurance policies:   (a) issued or renewed on or after July 1, 2011; and     (b) issued to or renewed by:   (i) a lot owner; or     (ii) an association, regardless of when the association is formed.         (2) Unless otherwise provided in the declaration, this part does not apply to a project if all of the project's lots are restricted to entirely nonresidential use.     (3) Subject to Subsection (4), this part does not apply to a project if:   (a) the initial declaration for the project is recorded before January 1, 2012;     (b) the project includes attached dwellings; and     (c) the declaration requires each lot owner to insure the lot owner's dwelling.       (4)   (a) An association to which this part does not apply under Subsection (3) may amend the declaration, as provided in the declaration and applicable law, to subject the association to this part.     (b) During the period of administrative control, an amendment under Subsection (4)(a) requires the consent of the declarant.      Amended by Chapter 152, 2013 General Session
UT Code § 57-8a-403 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 4 - Insurance|Section 403 - Property and liability insurance required -- Notice if insurance not reasonably available.

57-8a-403. Property and liability insurance required -- Notice if insurance not reasonably available.    (1) Beginning not later than the day on which the first lot is conveyed to a person other than a declarant, an association shall maintain, to the extent reasonably available:   (a) subject to Section 57-8a-405, blanket property insurance or guaranteed replacement cost insurance on the physical structure of all attached dwellings, limited common areas appurtenant to a dwelling on a lot, and common areas in the project, insuring against all risks of direct physical loss commonly insured against, including fire and extended coverage perils; and     (b) subject to Section 57-8a-406, liability insurance covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common areas.       (2) If an association becomes aware that property insurance under Subsection (1)(a) or liability insurance under Subsection (1)(b) is not reasonably available, the association shall, within seven calendar days after becoming aware, give all lot owners notice, as provided in Section 57-8a-214, that the insurance is not reasonably available.    Amended by Chapter 152, 2013 General Session
UT Code § 57-8a-404 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 4 - Insurance|Section 404 - Other and additional insurance -- Limit on effect of lot owner act or omission -- Insurer's subrogation waiver -- Inconsistent provisions.

57-8a-404. Other and additional insurance -- Limit on effect of lot owner act or omission -- Insurer's subrogation waiver -- Inconsistent provisions.    (1)   (a) The declaration or bylaws may require the association to carry other types of insurance in addition to those described in Section 57-8a-403.     (b) In addition to any type of insurance coverage or limit of coverage provided in the declaration or bylaws and subject to the requirements of this part, an association may, as the board considers appropriate, obtain:   (i) an additional type of insurance than otherwise required; or     (ii) a policy with greater coverage than otherwise required.         (2) Unless a lot owner is acting within the scope of the lot owner's authority on behalf of an association, a lot owner's act or omission may not:   (a) void a property insurance policy under Subsection 57-8a-403(1)(a) or a liability insurance policy under Subsection 57-8a-403(1)(b); or     (b) be a condition to recovery under a policy.       (3) An insurer under a property insurance policy or liability insurance policy obtained by an association under this part waives its right to subrogation under the policy against:   (a) any person residing with a lot owner, if the lot owner resides on the lot; and     (b) the lot owner.       (4)   (a) An insurance policy issued to an association may not be inconsistent with any provision of this part.     (b) A provision of a governing document that is contrary to a provision of this part has no effect.     (c) Neither the governing documents nor a property insurance or liability insurance policy issued to an association may prevent a lot owner from obtaining insurance for the lot owner's own benefit.      Amended by Chapter 152, 2013 General Session
UT Code § 57-8a-406 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 4 - Insurance|Section 406 - Liability insurance.

57-8a-406. Liability insurance.    (1) This section applies to a liability insurance policy required under Subsection 57-8a-403(1)(b).     (2) A liability insurance policy shall be in an amount determined by the board but not less than an amount specified in the declaration or bylaws.     (3) Each lot owner is an insured person under a liability insurance policy that an association obtains, but only for liability arising from:   (a) the lot owner's ownership interest in the common areas;     (b) maintenance, repair, or replacement of common areas; and     (c) the lot owner's membership in the association.      Amended by Chapter 152, 2013 General Session
UT Code § 57-8a-407 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 4 - Insurance|Section 407 - Damage to a portion of project -- Insurance proceeds.

57-8a-407. Damage to a portion of project -- Insurance proceeds.    (1)   (a) If a portion of the project for which insurance is required under this part is damaged or destroyed, the association shall repair or replace the portion within a reasonable amount of time unless:   (i) the project is terminated;     (ii) repair or replacement would be illegal under a state statute or local ordinance governing health or safety; or     (iii)   (A) at least 75% of the allocated voting interests of the lot owners in the association vote not to rebuild; and     (B) each owner of a dwelling on a lot and the limited common area appurtenant to that lot that will not be rebuilt votes not to rebuild.         (b) If a portion of a project is not repaired or replaced because the project is terminated, the termination provisions of applicable law and the governing documents apply.       (2)   (a) The cost of repair or replacement of any lot in excess of insurance proceeds and reserves is a common expense to the extent the association is required under this chapter to provide insurance coverage for the lot.     (b) The cost of repair or replacement of any common area in excess of insurance proceeds and reserves is a common expense.       (3) If the entire project is damaged or destroyed and not repaired or replaced:   (a) the association shall use the insurance proceeds attributable to the damaged common areas to restore the damaged area to a condition compatible with the remainder of the project;     (b) the association shall distribute the insurance proceeds attributable to lots and common areas that are not rebuilt to:   (i) the lot owners of the lots that are not rebuilt;     (ii) the lot owners of the lots to which those common areas that are not rebuilt were allocated; or     (iii) lien holders; and       (c) the association shall distribute the remainder of the proceeds to all the lot owners or lien holders in proportion to the common expense liabilities of all the lots.       (4) If the lot owners vote not to rebuild a lot:   (a) the lot's allocated interests are automatically reallocated upon the lot owner's vote as if the lot had been condemned; and     (b) the association shall prepare, execute, and submit for recording an amendment to the declaration reflecting the reallocations described in Subsection (4)(a).      Amended by Chapter 152, 2013 General Session
UT Code § 57-8a-501 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 5 - Association Board|Section 501 - Board acts for association.

 Effective 7/1/2014  57-8a-501. Board acts for association.  Except as limited in a declaration, the association bylaws, or other provisions of this chapter, a board acts in all instances on behalf of the association.  Enacted by Chapter 152, 2013 General Session
UT Code § 57-8a-502 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 5 - Association Board|Section 502 - Period of administrative control.

 Effective 3/23/2016  57-8a-502. Period of administrative control.    (1) Unless otherwise provided for in a declaration, a period of administrative control terminates on the first to occur of the following:   (a) 60 days after 75% of the lots that may be created are conveyed to lot owners other than a declarant;     (b) seven years after all declarants have ceased to offer lots for sale in the ordinary course of business; or     (c) the day the declarant, after giving written notice to the lot owners, records an instrument voluntarily surrendering all rights to control activities of the association.       (2)   (a) A declarant may voluntarily surrender the right to appoint and remove a member of the board before the period of administrative control terminates under Subsection (1).     (b) Subject to Subsection (2)(a), the declarant may require, for the duration of the period of administrative control, that actions of the association or board, as specified in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.     (c) During a period of administrative control, except as provided in Subsection (2)(a), a declarant may appoint the declarant's officers, employees, or agents as members of the board.       (3)   (a) Upon termination of the period of administrative control, the lot owners shall elect a board consisting of an odd number of at least three members, a majority of whom shall be lot owners.     (b) Unless the declaration provides for the election of officers by the lot owners, the board shall elect officers of the association.     (c) The board members and officers shall take office upon election or appointment.      Amended by Chapter 210, 2016 General Session
UT Code § 57-8a-601 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 6 - Consolidation of Associations|Section 601 - Consolidation of multiple associations.

 Effective 7/1/2014  57-8a-601. Consolidation of multiple associations.    (1) Two or more associations may be consolidated into a single association as provided in Title 16, Chapter 6a, Part 11, 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.      Enacted by Chapter 152, 2013 General Session
UT Code § 57-8a-702 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 7 - Solar Access|Section 702 - Attorney fees.

 Effective 5/9/2017  57-8a-702. Attorney fees.  In an action to enforce this part, the court may award the prevailing party, in addition to any other available relief, an amount equal to the prevailing party's costs and reasonable attorney fees. Enacted by Chapter 424, 2017 General Session
UT Code § 57-8a-703 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 7 - Solar Access|Section 703 - Applicability.

 Effective 5/9/2017  57-8a-703. Applicability.    (1) Except as provided in Subsection (2), this part applies to a declaration or official association action regardless of when the declaration was recorded or the official association action was taken.     (2) This part does not apply to an express prohibition or an express restriction on a lot owner's installation of a solar energy system:   (a) described in a declaration recorded before January 1, 2017; or     (b) created by official association action taken before January 1, 2017.       (3) This part does not apply during the period of administrative control.    Enacted by Chapter 424, 2017 General Session
UT Code § 57-13b-101 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 13b - Easement for Historical Livestock Trail Act|Part 1 - General Provisions|Section 101 - Title.

57-13b-101. Title.  This chapter is known as the "Easement for Historical Livestock Trail Act."  Enacted by Chapter 118, 2005 General Session
UT Code § 57-13b-102 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 13b - Easement for Historical Livestock Trail Act|Part 1 - General Provisions|Section 102 - Definition.

57-13b-102. Definition.  As used in this chapter, "historical livestock trail" means property over which livestock has historically traveled to or from a grazing area or market.  Enacted by Chapter 118, 2005 General Session
UT Code § 57-13b-201 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 13b - Easement for Historical Livestock Trail Act|Part 2 - Prescriptive Easement|Section 201 - Prescriptive easement for livestock trail.

57-13b-201. Prescriptive easement for livestock trail.    (1) A prescriptive easement may be established if:   (a) a property owner uses an historical livestock trail that crosses another person's property for a period of 20 years; and     (b) the use of the other owner's property as an historical livestock trail for the 20-year period described in Subsection (1)(a) is:   (i) continuous;     (ii) open and notorious; and     (iii) adverse.         (2) If a property owner establishes that a use is continuous and open and notorious under Subsections (1)(b)(i) and (ii), there is a rebuttable presumption that the use is adverse.     (3) Notwithstanding Subsections (1) and (2), a prescriptive easement under this chapter may only be established on private lands.    Enacted by Chapter 118, 2005 General Session
UT Code § 57-14-101 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 14 - Limitations on Landowner Liability|Part 1 - General Provisions|Section 101 - Title -- Purpose.

57-14-101. Title -- Purpose.    (1) This chapter is known as "Limitations on Landowner Liability."     (2) The purpose of this chapter is to limit the liability of public and private land owners toward a person entering the owner's land as a trespasser or for recreational purposes, whether by permission or by operation of Title 73, Chapter 29, Public Waters Access Act.    Renumbered and Amended by Chapter 212, 2013 General Session
UT Code § 57-14-102 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 14 - Limitations on Landowner Liability|Part 1 - General Provisions|Section 102 - Definitions.

 Effective 5/14/2019  57-14-102. Definitions.  As used in this chapter:  (1) "Charge" means the admission price or fee asked in return for permission to enter or go upon the land.     (2) "Child" means an individual who is 16 years of age or younger.     (3)   (a) "Land" means any land within the state boundaries.     (b) "Land" includes roads, railway corridors, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to the realty.       (4) "Owner" means the possessor of any interest in the land, whether public or private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land.     (5) "Person" includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes.     (6) "Recreational purpose" includes, but is not limited to, any of the following or any combination thereof:   (a) hunting;     (b) fishing;     (c) swimming;     (d) skiing;     (e) snowshoeing;     (f) camping;     (g) picnicking;     (h) hiking;     (i) studying nature;     (j) waterskiing;     (k) engaging in water sports;     (l) engaging in equestrian activities;     (m) using boats;     (n) mountain biking;     (o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge;     (p) using off-highway vehicles or recreational vehicles;     (q) viewing or enjoying historical, archaeological, scenic, or scientific sites;     (r) aircraft operations; and     (s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller skating, ice skating, walking, running, jogging, bike riding, or in-line skating.       (7) "Serious physical injury" means any physical injury or set of physical injuries that:   (a) seriously impairs a person's health;     (b) was caused by use of a dangerous weapon as defined in Section 76-1-601;     (c) involves physical torture or causes serious emotional harm to a person; or     (d) creates a reasonable risk of death.       (8) "Trespasser" means a person who enters on the land of another without:   (a) express or implied permission; or     (b) invitation.      Amended by Chapter 345, 2019 General Session
UT Code § 57-14-201 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 14 - Limitations on Landowner Liability|Part 2 - Liability Relating to Recreational Use|Section 201 - Owner owes no duty of care or duty to give warning -- Exceptions.

57-14-201. Owner owes no duty of care or duty to give warning -- Exceptions.  Except as provided in Subsections 57-14-204(1) and (2), an owner of land owes no duty of care to keep the land safe for entry or use by any person entering or using the land for any recreational purpose or to give warning of a dangerous condition, use, structure, or activity on the land.  Renumbered and Amended by Chapter 212, 2013 General Session
UT Code § 57-14-202 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 14 - Limitations on Landowner Liability|Part 2 - Liability Relating to Recreational Use|Section 202 - Use of private land without charge -- Effect.

 Effective 5/5/2021  57-14-202. Use of private land without charge -- Effect.    (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 23, Chapter 28, Migratory Bird Production Area, that is owned and operated for any purpose allowed under Title 23, Chapter 28, 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.      Amended by Chapter 41, 2021 General Session
UT Code § 57-14-203 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 14 - Limitations on Landowner Liability|Part 2 - Liability Relating to Recreational Use|Section 203 - Land leased to state or political subdivision for recreational purposes.

57-14-203. Land leased to state or political subdivision for recreational purposes.  Unless otherwise agreed in writing, Sections 57-14-201 and 57-14-202 are applicable to the duties and liability of an owner of land leased to the state or any subdivision of the state for recreational purposes.  Renumbered and Amended by Chapter 212, 2013 General Session