reglab/housing_qa huggingface dataset:
UT Code § 57-8-45 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 45 - Enforcement of a lien.

57-8-45. Enforcement of a lien.    (1)   (a) Except as provided in Section 57-8-13.1, to enforce a lien established under Section 57-8-44, an association of unit owners may:   (i) cause a unit 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 chapter; 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 chapter.         (b) For purposes of a nonjudicial or judicial foreclosure as provided in Subsection (1)(a):   (i) the association of unit owners is considered to be the beneficiary under a trust deed; and     (ii) the unit owner is considered to be the trustor under a trust deed.         (2) A unit owner's acceptance of the owner's interest in a unit constitutes a simultaneous conveyance of the unit 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 of unit owners appoints a qualified trustee.     (b) An association of unit owners' 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 chapter does not prohibit an association of unit owners from bringing an action against a unit owner to recover an amount for which a lien is created under Section 57-8-44 or from taking a deed in lieu of foreclosure, if the action is brought or deed taken before the sale or foreclosure of the unit owner's unit under this chapter.    Amended by Chapter 95, 2013 General Session
UT Code § 57-8-47 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 47 - Provisions applicable to nonjudicial foreclosure.

57-8-47. Provisions applicable to nonjudicial foreclosure.    (1) An association of unit owners' nonjudicial foreclosure of a unit is governed by:   (a) Sections 57-1-19 through 57-1-34, to the same extent as though the association of unit owners' lien were a trust deed; and     (b) this chapter.       (2) If there is a conflict between a provision of this chapter and a provision of Sections 57-1-19 through 57-1-34 with respect to an association of unit owners' nonjudicial foreclosure of a unit, the provision of this chapter controls.    Enacted by Chapter 355, 2011 General Session
UT Code § 57-8-48 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 48 - One-action rule not applicable -- Abandonment of enforcement proceedings.

57-8-48. One-action rule not applicable -- Abandonment of enforcement proceedings.    (1) Subsection 78B-6-901(1) does not apply to an association of unit owners' judicial or nonjudicial foreclosure of a unit under this part.     (2) An association of unit owners 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 § 57-8-49 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 49 - Costs and attorney fees in lien enforcement action.

57-8-49. Costs and attorney fees in lien enforcement action.    (1) A court entering a judgment or decree in a judicial action brought under Sections 57-8-44 through 57-8-53 shall award the prevailing party its costs and reasonable attorney fees incurred before the judgment or decree and, if the association of unit owners is the prevailing party, any costs and reasonable attorney fees that the association of unit owners incurs collecting the judgment.     (2) In a nonjudicial foreclosure, an association of unit owners 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 § 57-8-50 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 50 - Action to recover unpaid assessment.

57-8-50. Action to recover unpaid assessment.  An association of unit owners 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 57-8-44.  Enacted by Chapter 355, 2011 General Session
UT Code § 57-8-51 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 51 - Appointment of receiver.

57-8-51. Appointment of receiver.  In an action by an association of unit owners 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 unit owner:   (a) before commencement of the action; or     (b) during the pendency of the action; and       (2) order the receiver to pay the association of unit owners, 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 § 57-8-54 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 54 - Statement from manager or management committee of unpaid assessment.

57-8-54. Statement from manager or management committee of unpaid assessment.    (1) A manager or management committee shall issue a written statement indicating any unpaid assessment with respect to a unit owner's unit upon:   (a) a written request by the unit 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
UT Code § 57-8-55 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 55 - Consolidation of multiple associations of unit owners.

 Effective 7/1/2014  57-8-55. Consolidation of multiple associations of unit owners.    (1) Two or more associations of unit owners may be consolidated into a single association of unit owners 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 of unit owners to consolidate into a single association of unit owners is not effective unless it is approved by the unit owners of each of the consolidating associations of unit owners, by the highest percentage of allocated voting interests of the unit owners required by each association of unit owners to amend its respective declaration, articles, or bylaws.     (3) A declaration of consolidation under Subsection (2) shall:   (a) be prepared, executed, and certified by the president of the association of each of the consolidating associations of unit owners; and     (b) provide for the reallocation of the allocated interests in the consolidated association by stating:   (i) the reallocations of the allocated interests in the consolidated association of unit owners or the formulas used to reallocate the allocated interests; or     (ii)   (A) the percentage of overall allocated interests of the consolidated association of unit owners that are allocated to all of the units comprising each of the consolidating associations of unit owners; and     (B) that the portion of the percentages allocated to each unit formerly comprising a part of a consolidating association of unit owners is equal to the percentages of allocated interests allocated to the unit by the declaration of the consolidating association of unit owners.           (4) A declaration of consolidation under Subsection (2) is not effective until it is recorded in the office of each applicable county recorder.     (5) Unless otherwise provided in the declaration of consolidation, the consolidated association of unit owners resulting from a consolidation under this section:   (a) is the legal successor for all purposes of all of the consolidating associations of unit owners;     (b) the operations and activities of all of the consolidating associations of unit owners shall be consolidated into the consolidated association of unit owners; and     (c) the consolidated association of unit owners holds all powers, rights, obligations, assets, and liabilities of all consolidating associations of unit owners.      Enacted by Chapter 152, 2013 General Session
UT Code § 57-8-56 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 56 - Association of unit owners' right to pay delinquent utilities.

 Effective 5/12/2015  57-8-56. Association of unit owners' 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 unit, the electrical corporation or gas corporation shall give the association of unit owners:   (a) written notice that the electrical corporation or gas corporation will discontinue service to the unit; and     (b) an opportunity to pay any delinquent charges and maintain service to the unit.       (2) An association of unit owners may request the notice and opportunity to pay described in Subsection (1) by sending a written request to the electrical corporation or gas corporation that includes:   (a) the address of each unit in the association of unit owners;     (b) the association of unit owners' name, mailing address, phone number, and email address; and     (c) the address where the electrical corporation or gas corporation may send notices.       (3) If, after an electrical corporation or a gas corporation sends a written notice described in Subsection (1) to an association of unit owners and the association of unit owners does not pay the delinquent charges within 10 days after the day on which the electrical corporation or gas corporation sends the notice, the electrical corporation or gas corporation may discontinue service to the unit.     (4) An association of unit owners may collect any payment to an electrical corporation or a gas corporation under this section as an assessment in accordance with Section 57-8-44.     (5)   (a) If, after an association of unit owners receives a written notice described in Subsection (1), the association of unit owners decides not to pay the delinquent charges, the association of unit owners may, if permitted by the association of unit owners' governing documents, and after reasonable notice to the unit owner:   (i) enter the unit; and     (ii) winterize the unit.       (b) A person who enters a unit in accordance with Subsection (5)(a) is not liable for trespass.     (c) An association of unit owners may charge a unit owner an assessment for the actual and reasonable costs of winterizing a unit in accordance with this Subsection (5).      Enacted by Chapter 213, 2015 General SessionAmended by Chapter 325, 2015 General Session, (Coordination Clause)
UT Code § 57-8-58 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 58 - Liability of declarant or management committee -- Period of declarant control.

 Effective 5/9/2017  57-8-58. Liability of declarant or management committee -- Period of declarant control.    (1) An association may not, after the period of declarant control, bring a legal action against a declarant, a management committee, or an employee, an independent contractor, or an agent of the declarant or the management committee related to the period of declarant control unless:   (a) the legal action is approved in advance at a meeting where owners of at least 51% in aggregate in interest of the undivided ownership of the common areas and facilities are:   (i) present; or     (ii) represented by a proxy specifically assigned for the purpose of voting to approve or deny the legal action at the meeting;       (b) the legal action is approved by vote in person or by proxy of owners of the lesser of:   (i) more than 75% in aggregate in interest of the total aggregate interest of the undivided ownership of the common areas and facilities represented by those owners present at the meeting or represented by a proxy as described in Subsection (1)(a); or     (ii) more than 51% in aggregate in interest of the undivided ownership of the common areas and facilities;       (c) the association provides each unit owner with the items described in Subsection (2);     (d) the association establishes the trust described in Subsection (3); and     (e) the association first:   (i) notifies the person subject to the proposed action of the action and the basis of the association's claim; and     (ii) gives the person subject to the proposed action a reasonable opportunity to resolve the dispute that is the basis of the action.         (2) Before unit owners in an association may vote to approve an action described in Subsection (1), the association shall provide each unit owner:   (a) a written notice that the association is contemplating legal action; and     (b) after the association consults with an attorney licensed to practice in the state, a written assessment of:   (i) the likelihood that the legal action will succeed;     (ii) the likely amount in controversy in the legal action;     (iii) the likely cost of resolving the legal action to the association's satisfaction; and     (iv) the likely effect the legal action will have on a unit owner's or prospective unit buyer's ability to obtain financing for a unit while the legal action is pending.         (3) Before the association commences a legal action described in Subsection (1), the association shall:   (a) allocate an amount equal to 10% of the cost estimated to resolve the legal action, not including attorney fees; and     (b) place the amount described in Subsection (3)(a) in a trust that the association may only use to pay the costs to resolve the legal action.       (4) This section does not apply to an association that brings a legal action that has an amount in controversy of less than $75,000.    Enacted by Chapter 284, 2017 General Session
UT Code § 57-8-59 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 59 - Management committee act for association of unit owners.

 Effective 5/8/2018  57-8-59. Management committee act for association of unit owners.  Except as limited in the declaration, the association of unit owners bylaws or articles of incorporation, or other provisions of this chapter, a management committee acts in all instances on behalf of the association of unit owners. Enacted by Chapter 395, 2018 General Session
UT Code § 57-8-60 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 8 - Condominium Ownership Act|Section 60 - Administration of funds.

 Effective 5/8/2018  57-8-60. Administration of funds.  An association of unit owners:  (1) shall keep all of the association of unit owners' funds in an account in the name of the association of unit owners; and     (2) may not commingle the association of unit owners' funds with the funds of any other person.    Enacted by Chapter 395, 2018 General Session
UT Code § 57-9-1 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 9 - Marketable Record Title|Section 1 - What constitutes marketable record title.

57-9-1. What constitutes marketable record title.  Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for 40 years or more, shall be deemed to have a marketable record title to such interest as defined in Section 57-9-8, subject only to the matters stated in Section 57-9-2. A person shall be deemed to have such an unbroken chain of title when the official public records disclose a conveyance or other title transaction, of record not less than 40 years at the time the marketability is to be determined, which said conveyance or other title transaction purports to create such interest, either in  (1) the person claiming such interest or     (2) some other person from whom, by one or more conveyances or other title transactions of record, such purported interest has become vested in the person claiming such interest: with nothing appearing of record, in either case, purporting to divest such claimant of such purported interest.    Enacted by Chapter 109, 1963 General Session
UT Code § 57-9-2 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 9 - Marketable Record Title|Section 2 - Rights and interests to which marketable record title is subject.

57-9-2. Rights and interests to which marketable record title is subject.  The marketable record title is subject to:  (1) all interests and defects which are inherent in the muniments of which such chain of record title is formed, except that a general reference in the muniments or any of them, to easements, use restrictions, or other interests created prior to the root of title is not sufficient to preserve them, unless specific identification is made therein of a recorded title transaction which creates the easement, use restriction, or other interest;     (2) all interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of 40 years or more, in accordance with Section 57-9-4;     (3) the rights of any person arising from prescriptive use or a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title;     (4) any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record is started, except that the recording does not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of Section 57-9-3; and     (5) the exceptions stated in Section 57-9-6 as to rights of reversioners in leases, as to apparent easements and interests in the nature of easements, as to the right, title, or interests of the state in school or institutional trust lands or sovereign lands, and as to interests of the United States.    Amended by Chapter 241, 1999 General Session
UT Code § 57-9-3 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 9 - Marketable Record Title|Section 3 - Marketable record title held free and clear of interests, claims, and charges.

57-9-3. Marketable record title held free and clear of interests, claims, and charges.  Subject to Sections 57-9-2 and 57-9-6:  (1) the marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges, whatsoever, the existence of which depends upon any act, transaction, event, or omission that occurred prior to the effective date of the root of title; and     (2) all such interests, claims, or charges, however denominated, whether legal or equitable, present or future, whether the interests, claims, or charges are asserted by a person sui juris or under a disability, whether the person is within or without the state, whether the person is natural or corporate, or is private or governmental, are declared to be void.    Amended by Chapter 299, 1995 General Session
UT Code § 57-9-4 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 9 - Marketable Record Title|Section 4 - Filing of notice of claim of interest authorized -- Effect of possession of land by record owner of possessory interest.

57-9-4. Filing of notice of claim of interest authorized -- Effect of possession of land by record owner of possessory interest.    (1) Any person claiming an interest in land may preserve and keep effective such interest by filing for record during the forty-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in writing, duly verified by oath, setting forth the nature of the claim. No disability or lack of knowledge of any kind on the part of anyone shall suspend the running of the forty-year period. The notice may be filed for record by the claimant or by any other person acting in behalf of any claimant who is   (a) under a disability,     (b) unable to assert a claim on his own behalf, or     (c) one of a class, but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record.       (2) If the same record owner of any possessory interest in land has been in possession of such land continuously for a period of 40 years or more, during which period no title transaction with respect to such interest appears of record in his chain of title, and no notice has been filed by him or on his behalf as provided in Subsection (1), and such possession continues to the time when marketability is being determined, such period of possession shall be deemed equivalent to the filing of the notice immediately preceding the termination of the forty-year period described in Subsection (1).    Enacted by Chapter 109, 1963 General Session
UT Code § 57-9-5 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 9 - Marketable Record Title|Section 5 - Notice of claim of interest -- Contents -- Filing for record.

57-9-5. Notice of claim of interest -- Contents -- Filing for record.  In order to be effective and to be recorded, the notice required by Section 57-9-4 shall contain a legal description of all land affected by the notice. If the claim is founded upon a recorded instrument, then the description in the notice may be the same as that contained in the recorded instrument. The notice shall be recorded in the county or counties where the land described is situated.  Amended by Chapter 320, 2000 General Session
UT Code § 57-9-6 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 9 - Marketable Record Title|Section 6 - Applicability of provisions.

57-9-6. Applicability of provisions.  This chapter may not be applied to:  (1) bar a lessor or the lessor's successor as a reversioner of the right to possession on the expiration of any lease;     (2) extinguish any right, title, or interest created or held for any pipeline, highway, railroad or public utility purpose;     (3) extinguish an easement or interest in the nature of an easement, the existence of which is clearly observable by physical evidence of its use;     (4) extinguish any water rights, whether evidenced by decrees, by certificates of appropriation, by diligence claims to the use of surface or underground water, or by water users' claims filed in general determination proceedings;     (5) extinguish any right, title, estate, or interest in and to minerals, and any development, mining, production or other rights or easements related to the minerals or exercisable in connection with the minerals;     (6) extinguish any right, title, or interest of the state or political subdivision of the state; or     (7) extinguish any right, title, or interest of the United States, by reason of failure to file the notice required under this chapter.    Amended by Chapter 423, 2011 General Session