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2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 3 - Definitions.

Effective 5/12/2020
57-16-3.
Definitions.
As used in this chapter:
(1) "Amenities" means the following physical, recreational or social facilities located at a mobile home park:
(a) a club house;
(b) a park;
(c) a playground;
(d) a swimming pool;
(e) a hot tub;
(f) a tennis court; or
(g) a basketball court.
(2) "Change of use" means a change of the use of a mobile home park, or any part of it, for a purpose other than the rental of mobile home spaces.
(3) "Fees" means other charges incidental to a resident's tenancy including, but not limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for the use of park facilities, and security deposits.
(4) "Mobile home" means a transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling.
(5) "Mobile home park" means any tract of land on which two or more mobile home spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential purposes.
(6) "Mobile home space" means a specific area of land within a mobile home park designed to accommodate one mobile home.
(7) "Public utility" means an entity that provides electrical or gas service, including a:
(a) public utility as defined in Title 54, Chapter 2, General Provisions; or
(b) municipality as defined in Title 10, Utah Municipal Code.
(8) "Rent" means charges paid for the privilege of occupying a mobile home space, and may include service charges and fees.
(9) "Resident" means an individual who leases or rents space in a mobile home park.
(10) "Service charges" means separate charges paid for the use of electrical and gas service improvements which exist at a mobile home space, or for trash removal, sewage and water, or any combination of the above.
(11) "Settlement discussion expiration" means:
(a) the resident has failed to give a written notice of dispute within the period specified in Subsection 57-16-4.1(2); or
(b) the resident and management of the mobile home park have met together under Subsection 57-16-4.1(3) but were unsuccessful in resolving the dispute in their meeting.
Amended by Chapter 245, 2020 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 4.1 - Meeting to attempt resolution of disputes.

57-16-4.1.
Meeting to attempt resolution of disputes.
(1) If a mobile home park determines that a resident has failed to comply with a mobile home park rule, the mobile home park may not terminate the lease agreement or commence legal proceedings without first giving a written notice of noncompliance to the resident. The written notice of noncompliance shall:
(a) specify in detail each and every rule violation then claimed by the mobile home park; and
(b) advise the resident of the resident's rights under Subsection (2).
(2) If the resident disputes the occurrences of noncompliance claimed by the mobile home park in the written notice of noncompliance, the resident has the right to require management of the mobile home park to participate in a meeting with the resident by giving to the mobile home park, within five days after receiving the written notice of noncompliance, a written notice disputing the occurrences of breach and requesting a meeting with management of the mobile home park to attempt to resolve the dispute. If the resident fails to give the mobile home park a written notice of dispute within the seven-day period, the resident's right to request a meeting under this section is considered to be waived.
(3) If the resident gives a timely written notice under Subsection (2), the resident and management of the mobile home park shall meet in person in a settlement discussion to attempt to resolve the dispute between the parties. The meeting shall take place within two days after the resident gives the written notice under Subsection (2), unless both parties agree to a later date.
(4) Subsections (1), (2), and (3) do not apply to a rule violation arising from:
(a) behavior described in Subsection 57-16-5(1)(c); or
(b) nonpayment or rent, fees, or service charges.
Enacted by Chapter 255, 2002 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 7.5 - Payment of rent required after notice -- Summary judgment.

57-16-7.5.
Payment of rent required after notice -- Summary judgment.
(1)
(a) Any resident shall continue to pay the mobile home park all rent required by the lease after having been served with any notice pursuant to this chapter, except a notice for nonpayment of rent.
(b) In cases not involving payment of rent, the mobile home park may accept rent without waiving any rights under this chapter.
(2) If the resident fails to pay rent, the mobile home park shall be entitled to summary judgment for:
(a) the rent owed;
(b) termination of the lease; and
(c) restitution of the premises.
(3) The summary judgment as provided in Subsection (2) shall be granted even if a five-day notice to pay or quit was not served, so long as another appropriate notice under this chapter has been served.
Enacted by Chapter 114, 1997 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 8 - Payment of rent and fees during pendency of eviction proceeding.

57-16-8.
Payment of rent and fees during pendency of eviction proceeding.
If a resident elects to contest an eviction proceeding, all rents, fees, and service charges due and incurred during the pendency of the action shall be paid into court according to the current mobile home park payment schedule. Failure of the resident to pay such amounts may, in the discretion of the court, constitute grounds for granting summary judgment in favor of the mobile home park. Upon final termination of the issues between the parties, the court shall order all amounts paid into court paid to the mobile home park. The prevailing party is also entitled to court costs and reasonable attorney's fees.
Enacted by Chapter 178, 1981 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 10 - Utility service to mobile home parks -- Limitation on providers' charges.

57-16-10.
Utility service to mobile home parks -- Limitation on providers' charges.
Local water, sewer, and sanitation entities, including those administered by municipalities and counties which provide water, sewer, or garbage collection services shall not receive a greater percentage net return from supplying a mobile home park than said entity receives from other residential customers. The net return is determined by taking into consideration the costs of maintenance and depreciation of the mobile home park facilities and all savings on administrative costs, including cost of billing residents.
Enacted by Chapter 178, 1981 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 13 - Abandonment.

57-16-13.
Abandonment.
Abandonment of a mobile home space and a mobile home within a mobile home park is presumed in either of the following situations:
(1)
(a) the resident or occupant of the mobile home has not notified the park that the resident or occupant will be absent from the mobile home space or mobile home, and the resident or occupant fails to pay rent within 45 days after the due date; and
(b) the mobile home park owner has no reasonable evidence, other than the presence of the resident's or occupant's personal property, that the resident or occupant is continuing to occupy the mobile home space and the mobile home; or
(2)
(a) the resident or occupant of the mobile home has not notified the park that the resident or occupant will be absent from the mobile home space where the mobile home is located, and the resident or occupant fails to pay rent when due; and
(b) the resident's or occupant's personal property has been removed from the mobile home, and there is no reasonable evidence that the resident or occupant is occupying the mobile home space or mobile home.
Amended by Chapter 91, 2002 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 14 - Abandoned premises -- Retaking by owner -- Liability of resident or occupant -- Personal property of resident or occupant left on mobile home space.

Effective 5/9/2017
57-16-14.
Abandoned premises -- Retaking by owner -- Liability of resident or occupant -- Personal property of resident or occupant left on mobile home space.
(1) In the event of abandonment under Section 57-16-13, the park may retake the mobile home space and attempt to relet the space at a fair rental value. The resident or occupant who abandoned the premises is liable:
(a) for the entire rent, service charges, and fees that would otherwise be due until the premise is relet or for a period not to exceed 90 days, whichever comes first; and
(b) any costs incurred by the park necessary to relet the mobile home space at fair market value, including the costs of:
(i) moving the mobile home from the mobile home space;
(ii) storing the mobile home; and
(iii) restoring the mobile home space to a reasonable condition, including the cost of replacing or repairing landscaping that was damaged by the resident or occupant.
(2)
(a) If the resident or occupant has abandoned the mobile home space, the mobile home, or both, and has left personal property, including the mobile home, on the mobile home space, the park is entitled to remove the property from the mobile home space, store it for the resident or occupant, and recover actual moving and storage costs from the resident, the occupant, or both. With respect to the mobile home, however, the park may elect to contact the lienholder under Section 57-16-9, or to store the mobile home on the mobile home space, while attempting to notify the resident or occupant under Subsection (2)(b)(i).
(b)
(i) The park shall make reasonable efforts to notify the resident or occupant of the location of the personal property, and that the personal property will be sold at the expiration of 30 days if not redeemed and removed by the resident or occupant. Reasonable efforts require that the park send written notice by regular mail to the resident or occupant at the last known address within the park if the park is unaware of any subsequent address. To redeem the personal property, the resident or occupant is required to pay the reasonable storage and moving charges.
(ii) If the personal property has been in storage for over 30 days, notice has been given as required by Subsection (2)(b)(i), and the resident or occupant has made no reasonable effort to recover the personal property, the park may:
(A) sell the personal property and apply the proceeds toward any amount the resident or occupant owes; or
(B) donate the personal property to charity or dispose of the property.
(c) Any excess money from the sale of the personal property, including the mobile home, shall be handled as specified in Title 67, Chapter 4a, Part 2, Presumption of Abandonment.
(d) Nothing contained in this chapter shall be in derogation of or alter the owner's rights under Title 38, Chapter 3, Lessors' Liens.
Amended by Chapter 371, 2017 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 15 - Eviction proceeding.

57-16-15.
Eviction proceeding.
(1) Eviction proceedings commenced under this chapter and based on causes of action set forth in Subsections 57-16-5(1)(a), (b), and (e), and eviction proceedings commenced under this chapter based on causes of action set forth in Subsections 57-16-5(1)(c) and (d), in which a landlord elects to bring an action under this chapter and not under the unlawful detainer provisions of Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer, shall comply with the following:
(a) A judgment may be entered upon the merits or upon default. A judgment entered in favor of the plaintiff may:
(i) include an order of restitution of the premises; and
(ii) declare the forfeiture of the lease or agreement.
(b) The jury, or the court if the proceedings are tried without a jury or upon the defendant's default, shall assess the damages resulting to the plaintiff from any of the following:
(i) waste of the premises during the resident's tenancy, if waste is alleged in the complaint and proved; and
(ii) the amount of rent due.
(c) If the lease or agreement provides for reasonable attorney fees, the court shall order reasonable attorney fees to the prevailing party.
(d) Whether or not the lease or agreement provides for court costs and attorney fees, if the proceeding is contested, the court shall order court costs and attorney fees to the prevailing party.
(e) Except as provided in Subsection (1)(f), after judgment has been entered under this section, judgment and restitution may be enforced no sooner than 15 days from the date the judgment is entered. The person who commences the action shall mail through registered or certified mail a copy of the judgment to the resident or the resident's agent or attorney as required by the Utah Rules of Civil Procedure.
(f) If a resident tenders to the mobile home park postjudgment rent, in the form of cash, cashier's check, or certified funds, then restitution may be delayed for the period of time covered by the postjudgment rent, which time period shall not exceed 15 days from the date of the judgment unless a longer period is agreed to in writing by the mobile home park.
(2) Eviction proceedings commenced under this chapter and based on causes of action set forth in Subsections 57-16-5(1)(c) and (d), in which the mobile home park has elected to treat as actions also brought under the unlawful detainer provisions of Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer, shall be governed by Sections 78B-6-811 and 78B-6-812 with respect to judgment for restitution, damages, rent, enforcement of the judgment and restitution.
(3) The provisions in Section 78B-6-812 shall apply to this section except the enforcement time limits in Subsections (1)(e) and (f) shall govern.
Renumbered and Amended by Chapter 340, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 18 - Notice required for change in land use or condemnation -- Local ordinances forbidden.

57-16-18.
Notice required for change in land use or condemnation -- Local ordinances forbidden.
(1)
(a) The owner of a mobile home park shall send notice using first-class mail to each resident of the mobile home park of any planned change in land use or condemnation of the park or any portion of the park at least nine months before the day on which the resident is required to vacate the mobile home park.
(b) Subsection (1)(a) does not apply to a mobile home park condemned by a government entity.
(2) If the planned change in land use or condemnation requires the approval of a governmental agency, the mobile home park owner, in addition to the notice required by Subsection (1), shall send notice using first-class mail of the date set for the initial hearing before the governmental agency to each resident at least seven days before the date scheduled for the initial hearing.
(3) If a resident is not a resident of the mobile home park at the time notice was sent under Subsection (1), the owner shall give written notice, of the change of use to the resident before the resident occupies the mobile home space, either by first-class mail or personal service.
(4) During the period of time between the provision of notice under Subsection (1) and the day on which the resident is required to vacate the mobile home park, the mobile home park owner may not increase rent.
(5) A town, city, or county may not enact any ordinance governing the closure of a mobile home park.
Enacted by Chapter 55, 2008 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 16 - Mobile Home Park Residency Act › Section 19 - Violation of chapter by a mobile home park -- Remedies for a resident -- Attorney fees and costs.

Effective 5/9/2017
57-16-19.
Violation of chapter by a mobile home park -- Remedies for a resident -- Attorney fees and costs.
(1) A mobile home park resident may bring a cause of action against a mobile home park for damages or injunctive relief arising from a violation of this chapter.
(2) A court may award reasonable attorney fees and costs to the prevailing party in an action described in Subsection (1).
Enacted by Chapter 329, 2017 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 17 - Residential Renters' Deposits › Section 1 - Return or explanation of retainage upon termination of tenancy.

57-17-1.
Return or explanation of retainage upon termination of tenancy.
Owners or designated agents requiring deposits however denominated from renters leasing or renting residential dwelling units shall either return those deposits at the termination of the tenancy or provide the renter with written notice explaining why any deposit refundable under the terms of the lease or rental agreement is being retained.
Enacted by Chapter 74, 1981 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 17 - Residential Renters' Deposits › Section 2 - Non-refundable deposit -- Written notice required.

57-17-2.
Non-refundable deposit -- Written notice required.
If there is a written agreement and if any part of the deposit is to be made non-refundable, it must be so stated in writing to the renter at the time the deposit is taken by the owner or designated agent.
Enacted by Chapter 74, 1981 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 17 - Residential Renters' Deposits › Section 4 - Holder of owner's or designated agent's interest bound by provisions.

57-17-4.
Holder of owner's or designated agent's interest bound by provisions.
The holder of the owner's or designated agent's interest in the premises at the time of termination of the tenancy shall be bound by the provisions of this act.
Enacted by Chapter 74, 1981 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 17 - Residential Renters' Deposits › Section 5 - Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.

Effective 5/12/2015
Superseded 7/1/2024
57-17-5.
Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.
(1) If an owner or the owner's agent fails to comply with the requirements described in Subsection 57-17-3(5), the renter may:
(a) recover from the owner:
(i) if the owner or the owner's agent failed to timely return the balance of the renter's deposit, the full deposit;
(ii) if the owner or the owner's agent failed to timely return the balance of the renter's prepaid rent, the full amount of the prepaid rent; and
(iii) a civil penalty of $100; and
(b) file an action in district court to enforce compliance with the provisions of this section.
(2) In an action under Subsection (1)(b), the court shall award costs and attorney fees to the prevailing party if the court determines that the opposing party acted in bad faith.
(3) A renter is not entitled to relief under this section if the renter fails to serve a notice in accordance with Subsection 57-17-3(3).
(4) This section does not preclude an owner or a renter from recovering other damages to which the owner or the renter is entitled.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 17 - Residential Renters' Deposits › Section 5 - Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.

Effective 7/1/2024
57-17-5.
Failure to return deposit or prepaid rent or to give required notice -- Recovery of deposit, penalty, costs, and attorney fees.
(1) If an owner or the owner's agent fails to comply with the requirements described in Subsection 57-17-3(5), the renter may:
(a) recover from the owner:
(i) if the owner or the owner's agent failed to timely return the balance of the renter's deposit, the full deposit;
(ii) if the owner or the owner's agent failed to timely return the balance of the renter's prepaid rent, the full amount of the prepaid rent; and
(iii) a civil penalty of $100; and
(b) file an action to enforce compliance with the provisions of this section.
(2) In an action under Subsection (1)(b), the court shall award costs and attorney fees to the prevailing party if the court determines that the opposing party acted in bad faith.
(3) A renter is not entitled to relief under this section if the renter fails to serve a notice in accordance with Subsection 57-17-3(3).
(4) This section does not preclude an owner or a renter from recovering other damages to which the owner or the renter is entitled.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 18 - Land Conservation Easement Act › Section 2 - Definition and characteristics of conservation easement.

57-18-2.
Definition and characteristics of conservation easement.
(1) As used in this chapter, "conservation easement" means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land.
(2) A conservation easement is an interest in land and runs with the land benefited or burdened by the easement.
(3) A conservation easement is valid whether it is appurtenant or in gross.
(4) A conservation easement is enforceable by the holder to the easement and its successors and assigns. A conservation easement is enforceable against the grantor and its successors and assigns.
Enacted by Chapter 155, 1985 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 18 - Land Conservation Easement Act › Section 3 - Acquisition of conservation easement.

57-18-3.
Acquisition of conservation easement.
A charitable organization which qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code or a governmental entity may acquire a conservation easement by purchase, gift, devise, grant, lease, or bequest.
Enacted by Chapter 155, 1985 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 18 - Land Conservation Easement Act › Section 4 - Requirements for creation.

57-18-4.
Requirements for creation.
(1) Any property owner may grant a conservation easement to any other qualified person as defined in Section 57-18-3 in the same manner and with the same effect as any other conveyance of an interest in real property.
(2)
(a) A conservation easement shall be in writing and shall be recorded in the office of the recorder of the county in which the easement is granted.
(b) Within 10 days after a conservation easement is recorded, the owner of real property for which the conservation easement is granted shall deliver to the assessor of the county in which the property is located a copy of the conservation easement and proof that the conservation easement has been recorded.
(c) Before January 1, 2012, each owner of property subject to a conservation easement recorded before May 10, 2011, shall deliver to the assessor of the county in which the property is located a copy of the conservation easement and proof that the conservation easement has been recorded.
(3) The instrument that creates a conservation easement shall identify and describe the land subject to the conservation easement by legal description, specify the purpose for which the easement is created, and include a termination date or a statement that the easement continue in perpetuity.
(4) Any qualified person, as defined in Section 57-18-3, that receives a conservation easement shall disclose to the easement's grantor, at least three days prior to the granting of the easement, the types of conservation easements available, the legal effect of each easement, and that the grantor should contact an attorney concerning any possible legal and tax implications of granting a conservation easement.
Amended by Chapter 157, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 18 - Land Conservation Easement Act › Section 5 - Termination.

57-18-5.
Termination.
A conservation easement may be terminated, in whole or in part, by release, abandonment, merger, nonrenewal, conditions set forth in the instrument creating the conservation easement, or in any other lawful manner in which easements may be terminated.
Enacted by Chapter 155, 1985 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 18 - Land Conservation Easement Act › Section 6 - Enforcement.

57-18-6.
Enforcement.
(1) A conservation easement may be enforced or protected by injunctive relief granted by a court in a proceeding initiated by the grantor or holder of the easement.
(2) In addition to injunctive relief, the holder of a conservation easement is entitled to recover money damages.
(3) The holder of a conservation easement may enter the real property burdened or benefited by the easement at reasonable times and in a reasonable manner to ensure compliance.
Enacted by Chapter 155, 1985 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 18 - Land Conservation Easement Act › Section 7 - Conservation easement not obtained through eminent domain -- Conservation easement may not interfere with eminent domain.

57-18-7.
Conservation easement not obtained through eminent domain -- Conservation easement may not interfere with eminent domain.
(1) No conservation easement, or right-of-way or access to a conservation easement may be obtained through the use of eminent domain.
(2) The existence of a conservation easement may not defeat or interfere with the otherwise proper exercise of eminent domain under Title 78B, Chapter 6, Part 5, Eminent Domain.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 4 - Unregistered sales prohibited.

Effective 5/10/2016
57-19-4.
Unregistered sales prohibited.
Except as provided in Section 57-19-26, it is unlawful for a person to offer or sell in this state an interest in a development unless the development is registered under this chapter or the person holds a temporary permit described in Section 57-19-6.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 5 - Registration -- Filing application.

Effective 5/8/2018
57-19-5.
Registration -- Filing application.
(1) A person may apply for registration of a development by filing with the division:
(a) an application in the form prescribed by the director;
(b) the written disclosure described in Section 57-19-11; and
(c) financial statements and other information that the director may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, require as being reasonably necessary to determine whether the requirements of this chapter have been met and whether any of the events specified in Subsection 57-19-13(2)(g) have occurred.
(2) An interest in a development that is encumbered by a lien, mortgage, or other encumbrance may not be accepted for registration or offered to the public unless:
(a) adequate release or nondisturbance clauses are contained in the encumbering instruments to reasonably assure that the purchaser's interest in the development will not be defeated; or
(b) the division accepts other equivalent assurances that, in the division's opinion, meet the purposes of this Subsection (2).
(3)
(a) A person who applies for a development registration shall include with the application a filing fee of $500 for up to 100 interests, plus an additional $3 per interest for each interest over 100, up to a maximum of $2,500 for each application.
(b) If the division determines that an on-site inspection of the development is necessary, the development shall pay the division the actual amount of the costs and expenses incurred by the division in performing the on-site inspection.
(4) A person may add an additional site or interest to an approved development registration by:
(a) filing an application for consolidation accompanied by an additional fee of $200 plus $3 for each additional interest, up to a maximum of $1,250 for each application; and
(b) providing the information required under Subsection (1) for each additional site or interest.
Amended by Chapter 281, 2018 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 6 - Effective date of application.

Effective 5/10/2016
57-19-6.
Effective date of application.
(1) An application for registration filed pursuant to Section 57-19-5 is effective upon the expiration of 30 business days following its filing with the director, unless:
(a) an order denying the application pursuant to Section 57-19-13 is in effect;
(b) a prior effective date has been ordered by the director; or
(c) the director has, before that date, notified the applicant of a defect in the registration application.
(2) An applicant shall consent to the delay of effectiveness until the director by order declares the registration to be effective.
(3)
(a) Notwithstanding Section 57-19-4, the division may grant a developer a temporary permit that allows a developer to advertise, offer, or sell an interest:
(i) before the developer's application for registration is approved; and
(ii) for a period of 30 days or less.
(b) To obtain a temporary permit, the developer shall:
(i) submit an application to the division for a temporary permit in the form required by the division;
(ii) submit a substantially complete application for registration to the division, including all appropriate fees and exhibits required under Section 57-19-5, plus a temporary permit fee of $100;
(iii) provide evidence acceptable to the division that all funds received by the developer or marketing agent will be placed into an independent escrow with instructions that funds will not be released until a final registration has been granted;
(iv) give to each purchaser and potential purchaser a copy of the proposed property report that the developer has submitted to the division with the initial application; and
(v) give to each purchaser the opportunity to cancel the purchase in accordance with Section 57-19-12.
(c) Upon the issuance of an approved registration, a purchaser shall have an additional opportunity to cancel the purchase if the division determines that there is a substantial difference in the disclosures contained in the final property report and those given to the purchaser in the proposed property report.
(4)
(a) Notwithstanding Section 57-19-4, a developer or a person acting on behalf of a developer may market and accept a reservation and deposit from a prospective purchaser before submitting to the division an application for registration or a temporary permit if:
(i) the deposit is placed in a non-interest bearing escrow account with a licensed real estate broker, a title company, or another escrow that the division approves in advance; and
(ii) the deposit is guaranteed to be fully refundable at any time at the request of the prospective purchaser.
(b) A deposit that a prospective purchaser tenders under Subsection (4)(a) may not be released to the developer until after:
(i) the division approves the development's registration; and
(ii) the prospective purchaser executes a written purchase contract creating a binding obligation to purchase.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 7 - Prior permits.

Effective 5/10/2016
57-19-7.
Prior permits.
Any permit to market a development issued by the division before April 27, 1987, is considered to be an effective registration, but is subject to the renewal provisions of this chapter upon the anniversary date of the issuance of the original permit.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 8 - Filing proposed documents.

Effective 5/10/2016
57-19-8.
Filing proposed documents.
(1) Every developer shall file with the director at least five business days before using any of the following in this state:
(a) the proposed form of the developer's sales contracts; and
(b) a copy or the text of any supplements to the written disclosure required under Section 57-19-11.
(2) If the text, rather than a copy, of the materials described in Subsection (1) is filed, the developer shall file the copy, including an electronic version, of the materials with the director within five business days after the day on which the materials are first used.
(3) A developer shall notify the division within five business days if the developer is convicted in any court of a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions, or has been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions.
(4) A developer shall notify the division within five business days if the developer files a petition in bankruptcy or if any other event occurs that could result in a material adverse effect on the development.
(5)
(a) If any suit by or against a developer results in a court finding that the developer engaged in fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in a real estate transaction, the developer shall promptly give the division a copy of the final order, settlement agreement, consent agreement, or other document evidencing resolution of the case at the trial level, whether or not an appeal is anticipated.
(b) A developer's failure to comply with Subsection (5)(a) may, in the discretion of the division, constitute grounds for the division withholding any approval under this chapter.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 9 - Duration of registration -- Amendment and renewal -- Supplemental disclosure -- Notice of amendment.

Effective 5/10/2016
57-19-9.
Duration of registration -- Amendment and renewal -- Supplemental disclosure -- Notice of amendment.
(1) Registration of a development is effective for a period of one year and may, upon application, be renewed for successive periods of one year each.
(2)
(a) A registration may be amended at any time, for any reason, by filing an amended application for registration.
(b) The amended registration shall become effective in accordance with Section 57-19-6.
(3)
(a) The developer shall supplement the property report as often as is necessary to keep the required information reasonably current.
(b) The supplements described in Subsection (3)(a) shall be filed with the director in accordance with Section 57-19-8.
(4)
(a) A developer shall provide timely notice to the director of any event that occurs that could result in a material adverse effect on the conduct of the operation of the development.
(b) In addition to the notification described in Subsection (4)(a), the developer shall, within 30 days after the day on which an event described in Subsection (4)(a) occurs, file an amendment to the registration disclosing the information previously provided.
(5) Each application for renewal of a registration and each supplementary filing described in this section shall be accompanied by a fee of $200.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 10 - Effect of application or registration -- Misleading statements to prospective purchasers a misdemeanor.

Effective 5/10/2016
57-19-10.
Effect of application or registration -- Misleading statements to prospective purchasers a misdemeanor.
(1) Neither the fact that an application for registration or the written disclosures required by this chapter have been filed, nor the fact that a development has been effectively registered or exempted, constitutes a finding by the director that the offering or any document filed under this chapter is true, complete, and not misleading, nor does either of these facts mean that the director has determined in any way the merits or qualifications of, or recommended or given approval to, any person, developer, or transaction involving an interest in a development.
(2) It is a class A misdemeanor to make or cause to be made to any purchaser or prospective purchaser any offering or document filed under this chapter that is untrue, incomplete, or misleading.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 11 - Disclosure required.

Effective 5/10/2016
57-19-11.
Disclosure required.
(1) Except as provided in Section 57-19-26, any person who sells or offers to sell an interest in a development located in this state, or who sells or offers to sell in this state an interest in a development located outside of this state, shall provide to a prospective purchaser, before the prospective purchaser signs an agreement to purchase an interest in the development or gives any item of value for the purchase of an interest in the development, a written statement that provides a full and fair disclosure of information regarding the development and the purchaser's rights and obligations associated with the purchase of an interest in the development.
(2) The written disclosure described in Subsection (1):
(a) may include electronic files; and
(b) shall:
(i) be on the property report form required by the division; and
(ii) include:
(A) the name and address of the developer;
(B) a statement regarding whether the developer has ever been convicted of a felony or any misdemeanor involving theft, fraud, or dishonesty, or enjoined from, assessed any civil penalty for, or found to have engaged in the violation of any law designed to protect consumers;
(C) a brief description of the developer's experience in timeshare, camp resort, or any other real estate development;
(D) a brief description of the interest that is being offered in the development;
(E) a description of any provisions to protect the purchaser's interest from loss due to foreclosure on any underlying financial obligation of the development;
(F) a statement that the development will not issue more interests during a 12-month period than the development can accommodate during the 12-month period;
(G) any event that has occurred since the date of the offer that may have a material adverse effect on the operation of the development; and
(H) any other information the director considers necessary for the protection of purchasers.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 12 - Purchaser's right to cancel.

Effective 5/10/2016
57-19-12.
Purchaser's right to cancel.
(1)
(a) An agreement to purchase an interest in a development may be cancelled, at the option of the purchaser, if:
(i) the purchaser delivers a written notice of cancellation to the developer at the developer's business address by:
(A) hand; or
(B) certified mail, return receipt requested, or a delivery service that provides proof of delivery; and
(ii) the notice is delivered or postmarked not later than midnight of the fifth business day after the day on which the agreement is signed.
(b) In computing the number of business days for purposes of this section, the day on which the agreement was signed is not included.
(c) Within 30 days after the day on which the developer receives a timely notice of cancellation, the developer shall refund any money or other consideration paid by the purchaser.
(2) Every agreement to purchase an interest in a development that is subject to this chapter shall include the following statement in at least 10-point bold upper-case type, immediately preceding the space for the purchaser's signature:
"PURCHASER'S RIGHT TO CANCEL: YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY CANCELLATION FEE OR OTHER PENALTY BY HAND DELIVERING OR SENDING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR A DELIVERY SERVICE THAT PROVIDES PROOF OF DELIVERY, WRITTEN NOTICE OF CANCELLATION TO: (NAME AND ADDRESS OF DEVELOPER). THE NOTICE MUST BE DELIVERED OR POSTMARKED BY MIDNIGHT OF THE FIFTH BUSINESS DAY FOLLOWING THE DAY ON WHICH THE AGREEMENT IS SIGNED. IN COMPUTING THE NUMBER OF BUSINESS DAYS, THE DAY ON WHICH THE CONTRACT IS SIGNED IS NOT INCLUDED."
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 13 - Suspension, revocation, or denial of registration -- Fine.

Effective 5/10/2016
57-19-13.
Suspension, revocation, or denial of registration -- Fine.
(1) Subject to Section 57-19-17, if the director finds that an applicant or developer has engaged in an act described in Subsection (2), the director may:
(a) deny an application for registration of a development;
(b) suspend or revoke an existing registration; or
(c) except as provided in Subsection (3), impose a fine of not more than $5,000.
(2) Subsection (1) applies if the director finds that:
(a) the developer's advertising or sales techniques or trade practices have been or are deceptive, false, or misleading;
(b) the developer fails to file a copy of the developer's sales contract forms as required under Section 57-19-8;
(c) the developer fails to comply with any provision of this chapter or any rule adopted under this chapter that materially affects or would affect the rights of a purchaser or prospective purchaser of an interest in a development, or that materially affects the administration of this chapter;
(d) the developer makes a fraudulent offer of an interest in a development to a purchaser or prospective purchaser of the interest;
(e) the developer's application or any amendment to an application is incomplete in any material respect;
(f) the developer's application or any amendment to an application contains material misrepresentations or omissions of material fact that are necessary to make the statements contained in the application or amendment not misleading;
(g) the developer or any officer or director of the developer has been:
(i) convicted of a felony, or any misdemeanor involving theft, fraud, or dishonesty;
(ii) enjoined from, assessed a civil penalty for, or found to have engaged in a violation of any law designed to protect consumers; or
(iii) engaged in dishonest practices in any industry involving sales to consumers;
(h) the developer has represented or is representing to purchasers in connection with the offer or sale of an interest in a development that any accommodations, related facilities, or amenities are planned, without reasonable grounds to believe that they will be completed within a reasonable time;
(i) the developer disposes, conceals, or diverts any funds or assets so as to defeat the rights of purchasers;
(j) the developer fails to provide to a purchaser a copy of the written disclosure required by Section 57-19-11; or
(k) the developer, the developer's successor in interest, or a managing association discloses a purchaser's name, address, or email address to an unaffiliated entity without first obtaining written consent from the purchaser, unless the disclosure is in response to a subpoena or an order of a court or administrative tribunal.
(3) The authority to impose a fine under this section does not apply to Subsection (2)(e).
(4) Notwithstanding Subsection (2)(k), a developer shall, upon request by the division, provide the division a list of each purchaser's name, address, and email address.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 14 - Registration of salesperson.

Effective 5/10/2016
57-19-14.
Registration of salesperson.
Except as provided in Section 57-19-26, it is unlawful for a person to act as a salesperson and market a development in this state without first registering under this chapter as a salesperson.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 15 - Application for registration of salesperson.

Effective 5/10/2016
57-19-15.
Application for registration of salesperson.
(1) A person may apply for registration as a salesperson under this chapter by filing with the director an application in the form prescribed by the director, including:
(a) a statement regarding whether the applicant has ever been:
(i) convicted of:
(A) a felony; or
(B) a misdemeanor involving theft, fraud, or dishonesty; or
(ii) enjoined from, assessed a civil penalty for, or found to have engaged in the violation of a law designed to protect a consumer;
(b)
(i) a statement describing the applicant's employment history for the five years immediately preceding the day on which the application is filed; and
(ii) a statement regarding whether a termination of employment during the period described in Subsection (1)(b)(i) is a result of theft, fraud, or an act of dishonesty;
(c) evidence of the applicant's honesty, integrity, truthfulness, and reputation; and
(d) any other information that the director, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, considers necessary to protect a purchaser's interests.
(2)
(a) Notwithstanding the requirements for a regulatory fee under Section 63J-1-504, at the time an applicant files an application, the applicant shall pay to the division a fee of $100.
(b) The fee for registration described in Subsection (2)(a) is waived for a person licensed by the division under Title 61, Chapter 2f, Real Estate Licensing and Practices Act.
(3)
(a) Registration as a salesperson is effective for two years after the day on which the registration is approved by the director, unless the director specifies otherwise.
(b) To renew a registration, a salesperson shall:
(i) file a form prescribed by the director for that purpose; and
(ii) pay a renewal fee of $100.
Amended by Chapter 255, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 19 - Timeshare and Camp Resort Act › Section 16 - Denial, revocation, or suspension of registration of salesperson -- Fine.

Effective 5/10/2016
57-19-16.
Denial, revocation, or suspension of registration of salesperson -- Fine.
(1) Subject to Section 57-19-17, if the division finds that an applicant or salesperson has engaged in an act described in Subsection (2), the division may:
(a) deny an application for registration as a salesperson;
(b) suspend or revoke an existing registration; or
(c) impose a civil penalty not to exceed $5,000.
(2) Subsection (1) applies if the division finds that the applicant or salesperson:
(a) files, or causes to be filed, with the division a document that contains untrue or misleading information;
(b) makes an untrue or misleading statement of material fact;
(c) fails to state a material fact that is necessary in order to make the statements made not misleading in light of the circumstances under which the statements are made;
(d) employs a device, scheme, or artifice to defraud, or engages in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person;
(e) subsequent to the effective date of registration as a salesperson, is:
(i) convicted of:
(A) a felony; or
(B) a misdemeanor involving theft, fraud, or dishonesty; or
(ii) enjoined from, assessed a civil penalty for, or found to have engaged in a violation of any law designed to protect consumers;
(f) violates this chapter;
(g) engages in an activity that constitutes dishonest dealing; or
(h) engages in unprofessional conduct as defined by statute or rule made by the director.
Amended by Chapter 255, 2016 General Session