reglab/housing_qa huggingface dataset:
UT Code § 57-3-204 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 3 - Recording of Documents|Part 2 - Master Mortgage and Trust Deeds|Section 204 - Constructive notice -- Effect as between direct parties to mortgage or trust deed.

57-3-204. Constructive notice -- Effect as between direct parties to mortgage or trust deed.    (1) The recording of a mortgage or trust deed that incorporates a provision of a master form in accordance with Section 57-3-203, operates as constructive notice of the mortgage or trust deed, including all incorporated provisions of the referenced master form.     (2) Nothing in this part modifies the law regarding the effectiveness of a mortgage, trust deed, or contract as between:   (a) the mortgagor and mortgagee of the mortgage; or     (b) the trustor, beneficiary, and trustee under a trust deed.      Enacted by Chapter 61, 1998 General Session
UT Code § 57-8a-101 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 1 - General Provisions|Section 101 - Title.

57-8a-101. Title.  This chapter is known as the "Community Association Act."  Enacted by Chapter 153, 2004 General Session
UT Code § 57-8a-103 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 1 - General Provisions|Section 103 - Scope of chapter.

57-8a-103. Scope of chapter.  Remedies provided in this chapter, by law, or in equity are not mutually exclusive.  Enacted by Chapter 153, 2004 General Session
UT Code § 57-8a-104 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 1 - General Provisions|Section 104 - Limitation on requirements for amending governing documents -- Limitation on contracts.

 Effective 5/12/2015  57-8a-104. 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 lot owners with more than 67% of the voting interests;     (B) the approval of any specific lot owner; or     (C) the vote or approval of lien holders holding more than 67% of the first position security interests secured by a mortgage or trust deed in the association.       (ii) 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) lot boundaries; or     (ii) lot owner's voting rights.         (2)   (a) A contract for services such as garbage collection, maintenance, lawn care, or snow removal executed on behalf of the association during a period of administrative control is binding beyond the period of administrative control unless terminated by the board of directors after the period of administrative control ends.     (b) Subsection (2)(a) does not apply to golf course and amenity management, utilities, cable services, and other similar services that require an investment of infrastructure or capital.       (3) Voting interests under Subsection (1) are calculated in the manner required by the governing documents.     (4) Nothing in this section affects any other rights reserved by the person who filed the association's original governing documents or a successor in interest.     (5) This section applies to an association regardless of when the association is created.    Amended by Chapter 34, 2015 General SessionAmended by Chapter 325, 2015 General SessionAmended by Chapter 387, 2015 General Session  Composite with SB80, Chapter 34, and HB99, Chapter 387, resulted in language identical to future section. No need for future section.
UT Code § 57-8a-105.1 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 1 - General Provisions|Section 105.1 - Information required before sale to independent third party.

 Effective 5/12/2020  57-8a-105.1. Information required before sale to independent third party.    (1) Before the sale of any lot under the jurisdiction of an association to an independent third party, the grantor shall provide to the independent third party:   (a) a copy of the association's recorded governing documents; and     (b) a link or other access point to the department's educational materials described in Subsection 57-8a-105(6).       (2) The grantor shall provide the information described in Subsection (1) before closing.     (3) The association shall, upon request by the grantor, provide to the grantor the information described in Subsection (1).     (4) This section applies to each association, regardless of when the association is formed.    Enacted by Chapter 75, 2020 General Session
UT Code § 57-8a-106 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 1 - General Provisions|Section 106 - Fee for providing payoff information needed at closing.

57-8a-106. Fee for providing payoff information needed at closing.    (1) Unless specifically authorized in the declaration of covenants, conditions, and restrictions, the bylaws, or the rules, an association may not charge a fee for providing association payoff information needed in connection with the financing, refinancing, or closing of a lot owner's sale of the owner's lot.     (2) An association may not:   (a) require a fee described in Subsection (1) that is authorized in the declaration of covenants, conditions, and restrictions, the bylaws, or the rules to be paid before closing; or     (b) charge the fee if it exceeds $50.       (3)   (a) An association that fails to provide information described in Subsection (1) within five business days after the closing agent requests the information may not enforce a lien against that unit for money due to the association at closing.     (b) A request under Subsection (3)(a) is not effective unless the request:   (i) is conveyed in writing to the primary contact person designated under Subsection 57-8a-105(3)(d);     (ii) contains:   (A) the name, telephone number, and address of the person making the request; and     (B) the facsimile number or email address for delivery of the payoff information; and       (iii) is accompanied by a written consent for the release of the payoff information:   (A) identifying the person requesting the information as a person to whom the payoff information may be released; and     (B) signed and dated by an owner of the lot for which the payoff information is requested.           (4) This section applies to each association, regardless of when the association is formed.    Amended by Chapter 369, 2012 General Session
UT Code § 57-8a-107 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 1 - General Provisions|Section 107 - Amending the declaration to make provisions of this chapter applicable.

 Effective 7/1/2014  57-8a-107. Amending the declaration to make provisions of this chapter applicable.    (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.      Enacted by Chapter 152, 2013 General Session
UT Code § 57-8a-108 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 1 - General Provisions|Section 108 - Rules against perpetuities and unreasonable restraints -- Insubstantial failure to comply.

 Effective 7/1/2014  57-8a-108. Rules against perpetuities and unreasonable restraints -- Insubstantial failure to comply.    (1) The rule against perpetuities and the rule against unreasonable restraints on alienation of real estate may not defeat a provision of a governing document.     (2)   (a) A declaration that fails to comply with this chapter does not render a title to a lot and common areas unmarketable or otherwise affect the title if the failure is insubstantial.     (b) This chapter does not affect whether a substantial failure impairs marketability.      Enacted by Chapter 152, 2013 General Session
UT Code § 57-8a-109 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 1 - General Provisions|Section 109 - Limit on fee for approval of plans.

57-8a-109. Limit on fee for approval of plans.    (1) As used in this section:   (a) "Lot plans" means plans:   (i) for the construction or improvement of a lot; and     (ii) that are required to be approved by the association before the lot construction or improvement may occur.       (b) "Plan fee" means a fee that an association charges for review and approval of lot plans.       (2) An association may not charge a plan fee that exceeds the actual cost of reviewing and approving the lot plans.    Enacted by Chapter 152, 2013 General Session
UT Code § 57-8a-201 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 201 - Payment of a common expense or assessment.

57-8a-201. Payment of a common expense or assessment.    (1) An owner shall pay the owner's proportionate share of:   (a) the common expenses; and     (b) any other assessments levied by the association.       (2) A payment described in Subsection (1) shall be in the amount and at the time determined by the board of directors in accordance with the terms of the:   (a) declaration; or     (b) bylaws.       (3) An assessment levied against a lot is:   (a) a debt of the owner at the time the assessment is made; and     (b) collectible as a debt described in Subsection (3)(a).      Enacted by Chapter 153, 2004 General Session
UT Code § 57-8a-206 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 206 - Written statement of unpaid assessment.

57-8a-206. Written statement of unpaid assessment.    (1)   (a) The manager or board of directors shall issue a written statement indicating any unpaid assessment with respect to a lot covered by the request, upon:   (i) the written request of any unit owner; and     (ii) payment of a reasonable fee not to exceed $10.       (b) The written statement described in Subsection (1)(a) is binding in favor of any person who relies in good faith on the written statement upon the:   (i) remaining owners;     (ii) manager; and     (iii) board of directors.         (2) Unless the manager or board of directors complies with a request described in Subsection (1)(a) within 10 days, any unpaid assessment that became due prior to the date the request described in Subsection (1)(a) was made is subordinate to a lien held by the person requesting the statement pursuant to Subsection (1)(a).    Enacted by Chapter 153, 2004 General Session
UT Code § 57-8a-210 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 210 - Lender approval -- Declaration amendments and association action.

57-8a-210. 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, then, subject to Subsection (4), the security holder's consent is presumed if:   (a) written notice of the proposed amendment or action is sent by certified or registered mail to the security holder's address listed for receiving notice in the recorded trust deed or other recorded document evidencing the security interest;     (b) 60 days have passed after the day on which notice was mailed; and     (c) the person designated for receipt of the response in the notice has not received a written response from the security holder either consenting to or refusing to accept the amendment or action.       (2) The provisions of Subsection (1) shall apply to:   (a) an association formed before and after May 12, 2009; and     (b) documents created and recorded before and after May 12, 2009.       (3) If, under Subsection (1), a security holder's address for receiving notice is not provided in the recorded documents evidencing the security interest, the association:   (a) shall use reasonable efforts to find a mailing address for the security holder; and     (b) may send the notice to any address obtained under Subsection (3)(a).       (4) If a security holder responds in writing within 60 days after the day on which a notice is mailed under Subsection (1), indicating that the security interest has been assigned or conveyed to another person, without any recorded document evidencing such a conveyance, the association:   (a) may not presume the security holder's consent under Subsection (1); and     (b) shall send a notice in accordance with Subsection (1) to the person assigned or conveyed the security interest.       (5) The association shall:   (a) send a notice as described in Subsection (4)(b) to the person assigned or conveyed the interest at an address provided by the security holder under Subsection (4); or     (b) if no address is provided, shall use reasonable efforts to find a mailing address for, and send notice to, the person assigned or conveyed the interest.      Enacted by Chapter 178, 2009 General Session
UT Code § 57-8a-212 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 212 - Content of a declaration.

 Effective 7/1/2014  57-8a-212. Content of a declaration.    (1) An initial declaration recorded on or after May 10, 2011 shall contain:   (a) the name of the project;     (b) the name of the association;     (c) a statement that the project is not a cooperative;     (d) a statement indicating any portions of the project that contain condominiums governed by Chapter 8, Condominium Ownership Act;     (e) if the declarant desires to reserve the option to expand the project, a statement reserving the option to expand the project;     (f) the name of each county in which any part of the project is located;     (g) a legally sufficient description of the real estate included in the project;     (h) a description of any limited common areas and any real estate that is or is required to become common areas;     (i) any restriction on the alienation of a lot, including a restriction on leasing; and     (j)   (i) an appointment of a trustee who qualifies under Subsection 57-1-21(1)(a)(i) or (iv); and     (ii) the following statement: "The declarant hereby conveys and warrants pursuant to U.C.A. Sections 57-1-20 and 57-8a-302 to (name of trustee), with power of sale, the lot and all improvements to the lot for the purpose of securing payment of assessments under the terms of the declaration."         (2) A declaration may contain any other information the declarant considers appropriate, including any restriction on the use of a lot, the number of persons who may occupy a lot, or other qualifications of a person who may occupy a lot.     (3) The location of a limited common area or real estate described in Subsection (1)(g) may be shown on a subdivision plat.    Amended by Chapter 152, 2013 General Session
UT Code § 57-8a-212.5 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 212.5 - Compliance with governing documents.

 Effective 5/8/2018  57-8a-212.5. Compliance with governing documents.  Subject to reasonable compliance therewith by the board, each lot owner shall reasonably comply with the governing documents, as the governing documents may be lawfully amended from time to time, and failure to comply shall be ground for an action to recover sums due for damages or injunctive relief or both, maintainable by the board on behalf of the lot owners, or in a proper case, by an aggrieved lot owner. Enacted by Chapter 395, 2018 General Session
UT Code § 57-8a-213 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 213 - Board action to enforce governing documents -- Parameters.

57-8a-213. Board action to enforce governing documents -- Parameters.    (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.    Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-214 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 214 - Fair and reasonable notice.

57-8a-214. Fair and reasonable notice.    (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.      Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-215 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 215 - Budget.

57-8a-215. Budget.    (1) At least annually the board shall prepare and adopt a budget for the association.     (2) The board shall present the adopted budget to association members at a meeting of the members.     (3) A budget is disapproved if within 45 days after the date of the meeting under Subsection (2) at which the board presents the adopted budget:   (a) there is a vote of disapproval by at least 51% of all the allocated voting interests of the lot owners in the association; and     (b) the vote is taken at a special meeting called for that purpose by lot owners under the declaration, articles, or bylaws.       (4) If a budget is disapproved under Subsection (3), the budget that the board last adopted that was not disapproved by members continues as the budget until and unless the board presents another budget to members and that budget is not disapproved.     (5) During the period of administrative control, association members may not disapprove a budget.    Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-216 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 216 - Association bylaws -- Recording required -- Bylaw requirements.

57-8a-216. Association bylaws -- Recording required -- Bylaw requirements.    (1)   (a) No later than the date of the first lot sale, an association shall file its bylaws for recording in the office of the recorder of each county in which any part of the real estate included within the association is located.     (b) If an association fails to file bylaws for recording within the time specified in Subsection (1)(a), the board may file the bylaws for recording as provided in Subsection (1)(a).       (2) Unless otherwise provided in the declaration, an association's bylaws shall state:   (a) the number of board members;     (b) the title of each of the association's officers;     (c) the manner and method of officer election by the board or, if the declaration requires, by the lot owners;     (d)   (i) the board member's and officer's:   (A) qualifications;     (B) powers and duties; and     (C) terms of office;       (ii) the method for removing a board member or officer; and     (iii) the method for filling a board member or officer vacancy;       (e) the powers that the board or officers may delegate to other persons or to a managing agent;     (f) the officers who may prepare, execute, certify, and record amendments to the declaration on behalf of the association;     (g) a method for the board or lot owners to amend the bylaws, consistent with Section 16-6a-1010; and     (h) subject to the provisions of the declaration and unless the declaration or this chapter requires that a provision appear in a declaration, any other matter that is necessary or appropriate for conducting the affairs of the association, including:   (i) meetings;     (ii) voting requirements; and     (iii) quorum requirements.         (3) An association shall file any amended bylaws for recording in the same manner as the association is required to file the initial bylaws for recording under Subsection (1).    Enacted by Chapter 355, 2011 General Session
UT Code § 57-8a-219 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8a - Community Association Act|Part 2 - Administrative Provisions|Section 219 - Display of the flag.

57-8a-219. Display of the flag.    (1) An association may not prohibit a lot owner from displaying a United States flag inside a dwelling or limited common area or on a lot, if the display complies with United States Code, Title 4, Chapter 1, The Flag.     (2) An association may restrict the display of a flag on the common areas.    Enacted by Chapter 355, 2011 General Session