reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
Superseded 7/1/2024
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
2023 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 7/1/2024
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 a 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 401, 2023 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 Session
Amended by Chapter 325, 2015 General Session, (Coordination Clause)
2023 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
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 59 - Management committee act for association of unit owners.

Effective 5/3/2023
57-8-59.
Management committee.
(1) A member of the management committee shall be:
(a) a natural person; and
(b) 18 years old or older.
(2) An association's bylaws may prescribe other qualifications for members of the management committee in addition to the requirements described in Subsection (1).
(3) Without limiting the qualifications an association prescribes under Subsection (2), an association may, through governing documents or the management committee's internal procedures, disqualify an individual from serving as a member of the management committee because the individual:
(a) has been convicted of a felony; or
(b) is a sex offender.
(4) A member of the management committee need not be a resident of this state or a lot owner in the association unless required by the association's bylaws.
(5) 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.
Amended by Chapter 503, 2023 General Session
2023 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
2023 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 Session
Amended by Chapter 325, 2015 General Session
Amended 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.
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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