reglab/statecodes huggingface dataset:
2023 Utah Code › Title 57 - Real Estate › Chapter 4a - Effects of Recording › Section 4 - Presumptions.

57-4a-4.
Presumptions.
(1) A recorded document creates the following presumptions regarding title to the real property affected:
(a) the document is genuine and was executed voluntarily by the person purporting to execute it;
(b) the person executing the document and the person on whose behalf it is executed are the persons they purport to be;
(c) the person executing the document was neither incompetent nor a minor at any relevant time;
(d) delivery occurred notwithstanding any lapse of time between dates on the document and the date of recording;
(e) any necessary consideration was given;
(f) the grantee, transferee, or beneficiary of an interest created or described by the document acted in good faith at all relevant times;
(g) a person executing a document as an agent, attorney in fact, officer of an organization, or in a fiduciary or official capacity:
(i) held the position he purported to hold and acted within the scope of his authority;
(ii) in the case of an officer of an organization, was authorized under all applicable laws to act on behalf of the organization; and
(iii) in the case of an agent, his agency was not revoked, and he acted for a principal who was neither incompetent nor a minor at any relevant time;
(h) a person executing the document as an individual:
(i) was unmarried on the effective date of the document; or
(ii) if it otherwise appears from the document that the person was married on the effective date of the document, the grantee was a bona fide purchaser and the grantor received adequate and full consideration in money or money's worth so that the joinder of the nonexecuting spouse was not required under Sections 75-2-201 through 75-2-207;
(i) if the document purports to be executed pursuant to or to be a final determination in a judicial or administrative proceeding, or to be executed pursuant to a power of eminent domain, the court, official body, or condemnor acted within its jurisdiction and all steps required for the execution of the document were taken; and
(j) recitals and other statements of fact in a document, including without limitation recitals concerning mergers or name changes of organizations, are true.
(2) The presumptions stated in Subsection (1) arise even though the document purports only to release a claim or to convey any right, title, or interest of the person executing it or the person on whose behalf it is executed.
Amended by Chapter 88, 1989 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 6 - Occupying Claimants › Section 1 - Stay of execution of judgment of possession.

57-6-1.
Stay of execution of judgment of possession.
Where an occupant of real estate has color of title to the real estate, and in good faith has made valuable improvements on the real estate, and is afterwards in a proper action found not to be the owner, no execution shall issue to put the owner in possession of the real estate after the filing of a complaint as hereinafter provided, until the provisions of this chapter have been complied with.
Amended by Chapter 299, 1995 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 6 - Occupying Claimants › Section 2 - Claimant to commence action -- Complaint -- Trial of issues.

57-6-2.
Claimant to commence action -- Complaint -- Trial of issues.
Such complaint must set forth the grounds on which the defendant seeks relief, stating as accurately as practicable the value of the real estate, exclusive of the improvements thereon made by the claimant or his grantors, and the value of such improvements. The issues joined thereon must be tried as in law actions, and the value of the real estate and of such improvements must be separately ascertained on the trial.
No Change Since 1953
2023 Utah Code › Title 57 - Real Estate › Chapter 6 - Occupying Claimants › Section 3 - Rights of parties -- Acquiring other's interest or holding as tenants in common.

57-6-3.
Rights of parties -- Acquiring other's interest or holding as tenants in common.
The plaintiff in the main action may thereupon pay the appraised value of the improvements and take the property, but should he fail to do so after a reasonable time, to be fixed by the court, the defendant may take the property upon paying its value, exclusive of the improvements. If this is not done within a reasonable time, to be fixed by the court, the parties will be held to be tenants in common of all the real estate, including the improvements, each holding an interest proportionate to the values ascertained on the trial.
No Change Since 1953
2023 Utah Code › Title 57 - Real Estate › Chapter 6 - Occupying Claimants › Section 4 - Certain persons considered to hold under color of title.

57-6-4.
Certain persons considered to hold under color of title.
(1) A purchaser in good faith at any judicial or tax sale made by the proper person or officer has color of title within the meaning of this chapter, whether or not the person or officer has sufficient authority to sell, unless the want of authority was known to the purchaser at the time of the sale.
(2)
(a) Any person has color of title who has occupied a tract of real estate by himself, or by those under whom he claims, for the term of five years, or who has occupied it for less time, if he, or those under whom he claims, have at any time during the occupancy with the knowledge or consent, express or implied, of the real owner made any valuable improvements on the real estate, or if he or those under whom he claims have at any time during the occupancy paid the ordinary county taxes on the real estate for any one year, and two years have elapsed without a repayment by the owner, and the occupancy is continued up to the time at which the action is brought by which the recovery of the real estate is obtained.
(b) The person's rights shall pass to his assignees or representatives.
(3) Nothing in this chapter shall be construed to give tenants color of title against their landlords or give any person a claim under color of title to school and institutional trust lands as defined in Section 53C-1-103.
Amended by Chapter 39, 2005 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 6 - Occupying Claimants › Section 5 - Settlers under state or federal law or contract deemed occupying claimants.

57-6-5.
Settlers under state or federal law or contract deemed occupying claimants.
When any person has settled upon any real estate and occupied the same for three years under or by virtue of any law or contract with the proper officers of the state for the purchase thereof, or under any law of, or by virtue of any purchase from, the United States, and shall have made valuable improvements thereon, and shall be found not to be the owner thereof, or not to have acquired a right to purchase the same from the state or the United States, such person shall be an occupying claimant within the meaning of this chapter.
No Change Since 1953
2023 Utah Code › Title 57 - Real Estate › Chapter 6 - Occupying Claimants › Section 6 - Setoff against claim for improvements.

57-6-6.
Setoff against claim for improvements.
In the cases above provided for, if the occupying claimant has committed any injury to the real estate by cutting timber, or otherwise, the plaintiff may set the same off against any claim for improvements made by the claimant.
No Change Since 1953
2023 Utah Code › Title 57 - Real Estate › Chapter 6 - Occupying Claimants › Section 8 - Improvements made by occupants of land granted to state.

57-6-8.
Improvements made by occupants of land granted to state.
Any person having improvements on any real estate granted to the state in aid of any work of internal improvement, whose title thereto is questioned by another, may remove such improvements without injury otherwise to such real estate, at any time before he is evicted therefrom, or he may claim and have the benefit of this chapter by proceeding as herein directed.
No Change Since 1953
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 2 - Applicability of chapter.

57-8-2.
Applicability of chapter.
This act shall be applicable only to property which the sole owner or all the owners submit to the provisions of the act by duly executing and recording a declaration as provided in the act.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 4 - Status of the units.

57-8-4.
Status of the units.
Each unit, together with its undivided interest in the common areas and facilities, shall, for all purposes, constitute real property and may be individually conveyed, leased and encumbered and may be inherited or devised by will and be subject to all types of juridic acts inter vivos or mortis causa as if it were sole and entirely independent of all other units, and the separate units shall have the same incidents as real property, and the corresponding individual titles and interests therein shall be recordable.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 4.5 - Removing or altering partition or creating aperture between adjoining units.

Effective 7/1/2014
57-8-4.5.
Removing or altering partition or creating aperture between adjoining units.
(1) Subject to the declaration, a unit owner may, after acquiring an adjoining unit that shares a common wall with the unit owner's unit:
(a) remove or alter a partition between the unit owner's unit and the acquired unit, even if the partition is entirely or partly common areas and facilities; or
(b) create an aperture to the adjoining unit or portion of a unit.
(2) A unit owner may not take an action under Subsection (1) if the action would:
(a) impair the structural integrity or mechanical systems of the building or either unit;
(b) reduce the support of any portion of the common areas and facilities or another unit; or
(c) constitute a violation of Section 10-9a-608 or 17-27a-608, as applicable, a local government land use ordinance, or a building code.
(3) The management committee may require a unit owner to submit, at the unit owner's expense, a registered professional engineer's or registered architect's opinion stating that a proposed change to the unit owner's unit will not:
(a) impair the structural integrity or mechanical systems of the building or either unit;
(b) reduce the support or integrity of common areas and facilities; or
(c) compromise structural components.
(4) The management committee may require a unit owner to pay all of the legal and other expenses of the association of unit owners related to a proposed alteration to the unit or building under this section.
(5) An action under Subsection (1) does not change an assessment or voting right attributable to the unit owner's unit or the acquired unit, unless the declaration provides otherwise.
Enacted by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 5 - Recognized tenancy relationships.

57-8-5.
Recognized tenancy relationships.
Any unit may be held and owned by more than one person as joint tenants, or as tenants in common, or in any other real property tenancy relationship recognized under the laws of the state of Utah.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 6 - Ownership and possession rights.

57-8-6.
Ownership and possession rights.
Each unit owner shall be entitled to the exclusive ownership and possession of his unit. The owner of a time period condominium unit shall be entitled to the exclusive ownership and possession of the physical unit to which his time period relates and shall be entitled to the use and enjoyment of the common areas and facilities during, but only during, such annually recurring part or parts of a year as describe and define the time period unit concerned in the declaration.
Amended by Chapter 173, 1975 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 6.1 - Information required before sale to independent third party.

Effective 5/12/2020
57-8-6.1.
Information required before sale to independent third party.
(1) Before the sale of any unit under the jurisdiction of an association of unit owners to an independent third party, the grantor shall provide to the independent third party:
(a) a copy of the association of unit owners' recorded governing documents; and
(b) a link or other access point to the department's educational materials described in Subsection 57-8-13.1(6).
(2) The grantor shall provide the information described in Subsection (1) before closing.
(3) The association of unit owners shall, upon request by the grantor, provide to the grantor the information described in Subsection (1).
(4) This section applies to each association of unit owners, regardless of when the association of unit owners is formed.
Enacted by Chapter 75, 2020 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 6.3 - Fee for providing payoff information needed at closing.

57-8-6.3.
Fee for providing payoff information needed at closing.
(1) Unless specifically authorized in the declaration, bylaws, or rules, an association of unit owners may not charge a fee for providing association payoff information needed in connection with the closing of a unit owner's financing, refinancing, or sale of the owner's unit.
(2) An association of unit owners may not:
(a) require a fee described in Subsection (1) that is authorized in the declaration, bylaws, or rules to be paid before closing; or
(b) charge the fee if it exceeds $50.
(3)
(a) An association of unit owners 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 57-8-13.1(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 unit for which the payoff information is requested.
(4) This section applies to each association of unit owners, regardless of when the association of unit owners is formed.
Enacted by Chapter 255, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 6.7 - Limit on fee for approval of plans.

57-8-6.7.
Limit on fee for approval of plans.
(1) As used in this section:
(a) "Plan fee" means a fee that an association of unit owners charges for review and approval of unit plans.
(b) "Unit plans" means plans:
(i) for the construction or improvement of a unit; and
(ii) that are required to be approved by the association of unit owners before the unit construction or improvement may occur.
(2) An association of unit owners may not charge a plan fee that exceeds the actual cost of reviewing and approving the unit plans.
Enacted by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 7.2 - Scope -- Designation of certain areas.

57-8-7.2.
Scope -- Designation of certain areas.
(1) Unless otherwise provided in the declaration, this section applies to a unit if the declaration designates a wall, floor, or ceiling as a boundary of the unit.
(2)
(a) The following are part of a unit:
(i) lath;
(ii) furring;
(iii) wallboard;
(iv) plasterboard;
(v) plaster;
(vi) paneling;
(vii) tiles;
(viii) wallpaper;
(ix) paint;
(x) finished flooring; and
(xi) any other material constituting part of the finished surface of a wall, floor, or ceiling.
(b) Any portion of a wall, floor, or ceiling not listed in Subsection (2)(a) is part of the common areas and facilities.
(3) If a chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit:
(a) any portion of an item described in this Subsection (3) serving only that unit is part of the limited common areas and facilities; and
(b) any portion of an item described in this Subsection (3) is part of the common areas and facilities if the item serves:
(i) more than one unit; or
(ii) any portion of the common areas and facilities.
(4) Subject to Subsection (3), the following within the boundaries of a unit are part of the unit:
(a) spaces;
(b) interior partitions; and
(c) other fixtures and improvements.
(5) The following, if designated to serve a single unit but located outside the unit's boundaries, are limited common areas and facilities allocated exclusively to a unit:
(a) a shutter;
(b) an awning;
(c) a window box;
(d) a doorstep;
(e) a stoop;
(f) a porch;
(g) a balcony;
(h) a patio;
(i) an exterior door;
(j) an exterior window; and
(k) any other fixture.
Enacted by Chapter 290, 2004 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 8 - Compliance with covenants, bylaws and/or house rules and administrative provisions.

57-8-8.
Compliance with covenants, bylaws and/or house rules and administrative provisions.
Subject to reasonable compliance therewith by the manager and the management committee, each unit owner shall reasonably comply with the covenants, conditions, and restrictions as set forth in the declaration or in the deed to his unit, and with the bylaws and/or house rules and with the administrative rules and regulations drafted pursuant thereto, as either of the same 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 manager or management committee on behalf of the unit owners, or in a proper case, by an aggrieved unit owner.
Amended by Chapter 132, 2000 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 9 - Certain work prohibited.

57-8-9.
Certain work prohibited.
No unit owner shall do any work or make any alterations or changes which would jeopardize the soundness or safety of the property, reduce its value or impair any easement or hereditament, without in every such case the unanimous written consent of all the other unit owners being first obtained.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 10.3 - Indemnification and limit of liability.

Effective 7/1/2014
57-8-10.3.
Indemnification and limit of liability.
Notwithstanding any conflict with the declaration or recorded bylaws, the organizational documents of an association of unit owners may indemnify and limit management committee member and officer liability to the extent permitted by the law under which the association of unit owners is organized.
Enacted by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 10.5 - Amending the declaration to make provisions of this chapter applicable.

Effective 7/1/2014
57-8-10.5.
Amending the declaration to make provisions of this chapter applicable.
(1) An association of unit owners may amend the declaration to make applicable to the association of unit owners a provision of this chapter that is enacted after the creation of the association of unit owners, 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 8 - Condominium Ownership Act › Section 10.7 - Board action to enforce governing documents -- Parameters.

Effective 5/8/2018
57-8-10.7.
Board action to enforce governing documents -- Parameters.
(1)
(a) The management committee shall use the management committee's reasonable judgment to determine whether to exercise the association of unit owners' powers to impose sanctions or pursue legal action for a violation of the governing documents, including:
(i) whether to compromise a claim made by or against the management committee or the association of unit owners; and
(ii) whether to pursue a claim for an unpaid assessment.
(b) The association of unit owners may not be required to take enforcement action if the management committee determines, after fair review and acting in good faith and without conflict of interest, that under the particular circumstances:
(i) the association of unit owners' legal position does not justify taking any or further enforcement action;
(ii) the covenant, restriction, or rule in the governing documents is likely to be construed as inconsistent with current law;
(iii)
(A) a technical violation has or may have occurred; and
(B) the violation is not material as to a reasonable person or does not justify expending the association of unit owners' resources; or
(iv) it is not in the association of unit owners' best interests to pursue an enforcement action, based upon hardship, expense, or other reasonable criteria.
(2) Subject to Subsection (3), if the management committee decides under Subsection (1)(b) to forego enforcement, the association of unit owners is not prevented from later taking enforcement action.
(3) The management committee may not be arbitrary, capricious, or act against public policy in taking or not taking enforcement action.
(4) This section does not govern whether the association of unit owners' action in enforcing a provision of the governing documents constitutes a waiver or modification of that provision.
Enacted by Chapter 395, 2018 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 11 - Contents of deeds of units.

57-8-11.
Contents of deeds of units.
A deed of units may include:
(1) a description of the land as provided in Section 57-8-10, including the book and page or entry number and date of recording of the declaration;
(2) the unit number of the unit and any other data necessary for its proper identification;
(3) percentage of undivided interest appertaining to the unit in the common or community areas and facilities; and
(4) any further particulars that the grantor and grantee consider desirable to set forth consistent with the declaration and this chapter.
Amended by Chapter 268, 2007 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 12 - Recording.

57-8-12.
Recording.
(1) The declaration, any amendment, any instrument by which the provisions of this act may be waived, and every instrument affecting the property or any unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless recorded.
(2) In addition to the records and indexes now required to be maintained by the recorder, the recorder shall maintain an index whereby the record of each condominium project contains a reference to the declaration, each conveyance of, lien against, and all other instruments referring to a unit affected by such declaration, and the record of each conveyance of, lien against, and all other instruments referring to a unit shall contain a reference to the declaration of the property of which the unit is a part.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 13.2 - Conversion of convertible land -- Amendment to declaration -- Limitations.

57-8-13.2.
Conversion of convertible land -- Amendment to declaration -- Limitations.
(1) The declarant may convert all or any portion of any convertible land into one or more units or limited common areas and facilities subject to any restrictions and limitations which the declaration may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of the appropriate instruments under Subsection (2) of this section and Subsection 57-8-13(2).
(2) Simultaneously with the recording of the condominium plat pursuant to Subsection 57-8-13(2), the declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. The amendment shall assign an identifying number to each unit formed out of a convertible land and shall reallocate undivided interests in the common areas and facilities in accordance with Subsection 57-8-13.10(2). The amendment shall describe or delineate the limited common areas and facilities formed out of the convertible land, showing or designating the unit or units to which each is assigned.
(3) All convertible lands shall be deemed part of the common areas and facilities except for such portions of them as are converted in accordance with this section. No such conversions shall occur after five years from the recordation of the declaration, or such shorter period of time as the declaration may specify, unless three-fourths of unit owners vote in favor of converting the land after the time period has expired.
Amended by Chapter 265, 2003 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 13.4 - Conversion of convertible space -- Amendment to declaration -- Limitations.

57-8-13.4.
Conversion of convertible space -- Amendment to declaration -- Limitations.
(1) The declarant may convert any portion of any convertible space into one or more units or common areas and facilities, including, without limitation, limited common areas and facilities, subject to any restrictions and limitations which the declaration may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of the appropriate instruments under Subsection (2) of this section and Subsection 57-8-13(3).
(2) Simultaneously with the recording of the supplemental record survey map under Subsection 57-8-13(3), the declarant shall prepare, execute, and record an amendment to the declaration describing the conversion. The amendment shall assign an identifying number to each unit formed out of a convertible space and shall allocate to each unit a portion of the undivided interest in the common areas and facilities appertaining to that space. The amendment shall describe or delineate the limited common areas and facilities formed out of the convertible space, showing or designating the unit or units to which each is assigned.
(3) Any convertible space not converted in accordance with this section, or any portion of it not so converted, shall be treated for all purposes as a single unit until and unless it is so converted; and this act shall be deemed applicable to any such space, or portion of it, as though the same were a unit.
Enacted by Chapter 173, 1975 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 13.6 - Expansion of project.

57-8-13.6.
Expansion of project.
A condominium project may be expanded under the provisions of the declaration and of this act. Any such expansion shall be deemed to have occurred at the time of the recordation of the condominium plat under Subsection 57-8-13(2), together with an amendment to the declaration, duly executed and acknowledged by the declarant, including, without limitation, all of the owners and lessees of the additional land added to the condominium project. The amendment shall contain a legal description by metes and bounds of the land added to the condominium project and shall reallocate undivided interests in the common areas and facilities in accordance with Subsection 57-8-13.10(2).
Amended by Chapter 265, 2003 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 13.8 - Contraction of project.

Effective 5/13/2014
57-8-13.8.
Contraction of project.
A condominium project may be contracted under the provisions of the declaration and the provisions of this chapter. Any such contraction shall be considered to have occurred at the time of the recordation of an amendment to the declaration, executed by the declarant, containing a legal description by metes and bounds of the land withdrawn from the condominium project. If portions of the withdrawable land were described pursuant to Subsection 57-8-10(5)(a)(iv), then no described portion may be so withdrawn after the conveyance of any unit on the portion. If no withdrawable portions were described, then none of the withdrawable land may be withdrawn after the first conveyance of any unit on the portion.
Amended by Chapter 397, 2014 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 13.12 - Land to be withdrawn or added to project -- Applicability of restrictions.

57-8-13.12.
Land to be withdrawn or added to project -- Applicability of restrictions.
No covenants, restrictions, limitations, or other representations or commitments in the declaration concerning anything that is or is not to be done on the additional land, the withdrawable land, or any portion of either, shall be binding as to any portion of either lawfully withdrawn from the condominium project or never added to it except to the extent that the declaration so provides. In the case of any covenant, restriction, limitation, or other representation or commitment in the declaration or in any other agreement requiring the declarant to add any portion of the additional land or to withdraw any portion of the withdrawable land, or imposing any obligations concerning anything that is or is not to be done on it or concerning it, or imposing any obligations about anything that is or is not to be done on or in respect to the condominium project or any portion of it, this section shall not be construed to nullify, limit, or otherwise affect any such obligation.
Enacted by Chapter 173, 1975 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 13.14 - Easement rights -- Sales offices and model units -- Damage to property.

57-8-13.14.
Easement rights -- Sales offices and model units -- Damage to property.
(1) Subject to any restrictions and limitations the declaration may specify, the declarant shall have a transferable easement over and on the common areas and facilities for the purpose of making improvements on the land within the project or on any additional land under the declaration and this act, and for the purpose of doing all things reasonably necessary and proper in connection with the same.
(2) The declarant and his duly authorized agents, representatives, and employees may maintain sales offices or model units on the land within the project if the declaration provides for the same and specifies the rights of the declarant about the number, size, location, and relocation of them. Any sales office or model unit which is not designated a unit by the declaration shall become a common area and facility as soon as the declarant ceases to be a unit owner, and the declarant shall cease to have any rights concerning it unless the sales office or model unit is removed immediately from the land included within the project in accordance with a right reserved in the declaration to make this removal.
(3) To the extent that damage is inflicted on any part of the condominium project by any person or persons utilizing the easements reserved by the declaration or created by Subsections (1) and (2) of this section, the declarant, together with the person or persons causing the same, shall be jointly and severally liable for the prompt repair of the damage and for the restoration of the same to a condition compatible with the remainder of the condominium project.
Enacted by Chapter 173, 1975 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 14 - Legal description of units.

57-8-14.
Legal description of units.
(1) A deed, lease, mortgage, or other instrument may legally describe a unit by its identifying number or symbol as designated in the declaration or as shown on the condominium plat.
(2) Each description under Subsection (1) shall be considered:
(a) to be good and sufficient for all purposes; and
(b) to convey, transfer, encumber or otherwise affect the unit owner's corresponding percentage of ownership in the common or community areas and facilities even though the percentage of ownership is not expressly mentioned or described.
Amended by Chapter 268, 2007 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 15 - Bylaws.

57-8-15.
Bylaws.
The administration of every property shall be governed by bylaws, which may either be embodied in the declaration or in a separate instrument, a true copy of which shall be appended to and recorded with the declaration. No modification or amendment of the declaration or bylaws shall be valid unless the same is set forth in an amendment and such amendment is recorded.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 16 - Contents of bylaws.

57-8-16.
Contents of bylaws.
The bylaws may provide for the following:
(1) the establishment of a management committee, the number of persons constituting the committee and the method of selecting the members of the committee; the powers and duties of the management committee; and whether or not the management committee may engage the services of a manager;
(2) the method of calling meetings of the unit owners; what percentage of the unit owners shall constitute a quorum, and be authorized to transact business;
(3) the maintenance, repair, and replacement of the common areas and facilities and payment therefor;
(4) the manner of collecting from the unit owners their share of the common expenses;
(5) the designation and removal of personnel necessary for the maintenance, repair, and replacement of the common areas and facilities;
(6) the method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities;
(7)
(a) restrictions on and requirements respecting the use and maintenance of the units and the use of the common areas and facilities as are designed to prevent unreasonable interference with the use of their respective units and of the common areas and facilities by the several unit owners; and
(b) restrictions regarding the use of the units may include other prohibitions on, or allowance of, smoking tobacco products;
(8) the percentage of votes required to amend the bylaws; and
(9) other provisions as may be considered necessary for the administration of the property consistent with this act.
Amended by Chapter 230, 1997 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 16.5 - Appointment and removal of committee members and association officers -- Renewal or ratification of contracts -- Failure to establish association or committee.

Effective 3/23/2016
57-8-16.5.
Appointment and removal of committee members and association officers -- Renewal or ratification of contracts -- Failure to establish association or committee.
(1)
(a) The declaration may authorize the declarant, or a managing agent or some other person or persons selected or to be selected by the declarant, to appoint and remove some or all of the members of the management committee or some or all of the officers of the association of unit owners, or to exercise powers and responsibilities otherwise assigned by the declaration and by this act to the association of unit owners, its officers, or the management committee.
(b) If the declaration authorizes the declarant to appoint or remove some or all members of the management committee or some or all of the officers of the association of unit owners during the period of control contemplated by this Subsection (1), the declarant may appoint the declarant's officers, employees or agents as members of the management committee or as officers of the association of unit owners.
(c) No amendment to the declaration not consented to by all unit owners shall increase the scope of this authorization, and no such authorization shall be valid after the first to occur of the following:
(i) expiration of the time limit set by the declaration, which shall not exceed six years in the case of an expandable condominium, four years in the case of a condominium project containing any convertible land, or three years in the case of any other condominium project; or
(ii) after units to which three-fourths of the undivided interest in the common areas and facilities appertain have been conveyed, or after all additional land has been added to the project and all convertible land has been converted, whichever last occurs.
(2) If entered into during the period of control contemplated by Subsection (1), no management contract, lease of recreational areas or facilities, or any other contract or lease designed to benefit the declarant which was executed by or on behalf of the association of unit owners or the unit owners as a group shall be binding after such period of control unless then renewed or ratified by the consent of unit owners of units to which a majority of the votes in the association of unit owners appertains.
(3) If the association of unit owners or management committee is not in existence or does not have officers at the time of the creation of a condominium project, the declarant shall, until there is an association or management committee with these officers, have the power and responsibility to act in all instances where this act or the declaration requires action by the association of unit owners, the management committee, or any of the officers of them.
(4) This section shall be strictly construed to protect the rights of the unit owners.
Amended by Chapter 210, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 18 - Blanket mortgages and other blanket liens affecting unit at time of first conveyance.

57-8-18.
Blanket mortgages and other blanket liens affecting unit at time of first conveyance.
At the time of the first conveyance of each unit, every mortgage and other lien affecting such unit, including the percentage of undivided interest of the unit in the common areas and facilities, shall have been paid and satisfied of record, or the unit being conveyed and its percentage of undivided interest in the common areas and facilities shall have been released therefrom by partial release duly recorded. The provisions of this section shall not apply, however, to any withdrawable land in a contractible condominium.
Amended by Chapter 173, 1975 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 19 - Liens against units -- Removal from lien -- Effect of part payment.

57-8-19.
Liens against units -- Removal from lien -- Effect of part payment.
(1) Subsequent to recording the declaration as provided in this act, and while the property remains subject to this act, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each unit and the percentage of undivided interest in the common areas and facilities appurtenant to such unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided that no labor performed or materials furnished with the consent or at the request of a unit owner or his agent or his contractor or subcontractor shall be the basis for the filing of a lien pursuant to the lien law against the unit of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs. Labor performed or materials furnished for the common areas and facilities, if authorized by the unit owners, the manager or management committee in accordance with this act, the declaration or bylaws or the house rules, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to the lien law against each of the units.
(2) In the event a lien against two or more units becomes effective, the unit owners of the separate units may remove their units and the percentage of undivided interest in the common areas and facilities appurtenant to such units from the lien by payment of the fractional or proportional amount attributable to each of the units affected. Such individual payment shall be computed by reference to the percentages appearing in the declaration. Subsequent to any payment, discharge or other satisfaction, the unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the lien so paid, satisfied or discharged. Partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his rights against any unit and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 21 - Acquisition through tax deed or foreclosure of liens.

57-8-21.
Acquisition through tax deed or foreclosure of liens.
In the event any person shall acquire, through foreclosure, exercise of power of sale, or other enforcement of any lien, or by tax deed, the interest of any unit owner, the interest acquired shall be subject to all the provisions of this act and to the covenants, conditions and restrictions contained in the declaration, the condominium plat, the bylaws, the house rules, or any deed affecting the interest then in force.
Amended by Chapter 265, 2003 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 22 - Removal of property from statutory provisions.

57-8-22.
Removal of property from statutory provisions.
(1) All of the unit owners may remove a property from the provisions of this act by an instrument duly recorded to that effect, provided that the holders of all liens affecting any of the units consent or agree by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the unit owner in the property.
(2) Upon removal of the property from the provisions of this act, the property shall be deemed to be owned in common by the unit owners. 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 areas and facilities.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 23 - Removal no bar to subsequent resubmission.

Effective 7/1/2014
57-8-23.
Removal no bar to subsequent resubmission.
The removal provided for in Section 57-8-22 does not bar the subsequent resubmission of the property to the provisions of this chapter.
Amended by Chapter 152, 2013 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 24 - Common profits, common expenses, and voting rights -- Unit -- Unconstructed unit.

Effective 3/23/2016
57-8-24.
Common profits, common expenses, and voting rights -- Unit -- Unconstructed unit.
(1) A unit is created by the recording of the declaration and a condominium plat that describes the unit.
(2) An association of unit owners shall, according to each unit owner's respective percentage or fractional undivided interests in the common areas and facilities:
(a) distribute the property's common profits among the unit owners;
(b) except as otherwise provided in the declaration for unconstructed units, assess the unit owners the property's common expenses; and
(c) make voting rights available to the unit owners.
(3)
(a) After the recording of a condominium project's declaration, an unconstructed unit is a unit for the purposes of the declaration and this chapter, including:
(i) allocation of undivided interests in the common areas and facilities in accordance with Subsection 57-8-7(2); and
(ii) voting rights in accordance with Section 57-8-24.
(b) Subsection (3)(a) applies to a condominium project regardless of when the condominium project's initial declaration was recorded.
Amended by Chapter 210, 2016 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 25 - Joint and several liability of grantor and grantee for unpaid common expenses.

57-8-25.
Joint and several liability of grantor and grantee for unpaid common expenses.
In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's rights to recover from the grantor the amounts paid by the grantee. However, any such grantee shall be entitled to a statement from the manager or management committee setting forth the amounts of the unpaid assessments against the grantor, and such grantee shall not be liable for, nor shall the unit conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount set forth.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 26 - Waiver of use of common areas and facilities -- Abandonment of unit.

57-8-26.
Waiver of use of common areas and facilities -- Abandonment of unit.
No unit owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his unit.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 28 - Exemption from rules of property.

57-8-28.
Exemption from rules of property.
The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this act, or of any declaration, bylaws or other document executed in accordance with this act.
Enacted by Chapter 111, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8 - Condominium Ownership Act › Section 30 - Application of insurance proceeds to reconstruction.

57-8-30.
Application of insurance proceeds to reconstruction.
In case of fire or any other disaster, the insurance proceeds, if sufficient to reconstruct the building, shall be applied to such reconstruction. Reconstruction of the building, as used in this section and Section 57-8-31, means restoring the building to substantially the same condition in which it existed prior to the fire or other disaster, with each unit and the common elements having the same vertical and horizontal boundaries as before.
Enacted by Chapter 111, 1963 General Session