Section 47 – Provisions applicable to nonjudicial foreclosure.
57-8-47. Provisions applicable to nonjudicial foreclosure. (1) An association of unit owners’ nonjudicial foreclosure of a unit is governed by: (a) Sections 57-1-19 through 57-1-34, to the same extent as though the association of unit owners’ lien were a trust deed; and (b) this chapter. (2) If there is a conflict between a provision of […]
Section 48 – One-action rule not applicable — Abandonment of enforcement proceedings.
57-8-48. One-action rule not applicable — Abandonment of enforcement proceedings. (1) Subsection 78B-6-901(1) does not apply to an association of unit owners’ judicial or nonjudicial foreclosure of a unit under this part. (2) An association of unit owners may abandon a judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale and initiate a separate action or another […]
Section 49 – Costs and attorney fees in lien enforcement action.
57-8-49. Costs and attorney fees in lien enforcement action. (1) A court entering a judgment or decree in a judicial action brought under Sections 57-8-44 through 57-8-53 shall award the prevailing party its costs and reasonable attorney fees incurred before the judgment or decree and, if the association of unit owners is the prevailing party, […]
Section 50 – Action to recover unpaid assessment.
57-8-50. Action to recover unpaid assessment. An association of unit owners need not pursue a judicial foreclosure or nonjudicial foreclosure to collect an unpaid assessment but may file an action to recover a money judgment for the unpaid assessment without waiving the lien under Section 57-8-44. Enacted by Chapter 355, 2011 General Session
Section 51 – Appointment of receiver.
57-8-51. Appointment of receiver. In an action by an association of unit owners to collect an assessment or to foreclose a lien for an unpaid assessment, a court may: (1) appoint a receiver, in accordance with Section 7-2-9, to collect and hold money alleged to be due and owing to a unit owner: (a) before […]
Section 52 – Termination of a delinquent owner’s rights — Notice — Informal hearing.
57-8-52. Termination of a delinquent owner’s rights — Notice — Informal hearing. (1) As used in this section, “delinquent unit owner” means a unit owner who fails to pay an assessment when due. (2) A management committee may, if authorized in the declaration, bylaws, or rules and as provided in this section, terminate a delinquent […]
Section 53 – Requiring tenant in residential condominium unit to pay rent to association of unit owners if owner fails to pay assessment.
57-8-53. Requiring tenant in residential condominium unit to pay rent to association of unit owners if owner fails to pay assessment. (1) As used in this section: (a) “Amount owing” means the total of: (i) any assessment or obligation under Subsection 57-8-44(1)(a) that is due and owing; and (ii) any applicable interest, late fee, and […]
Section 43 – Insurance.
Effective 5/13/2014 57-8-43. Insurance. (1) As used in this section, “reasonably available” means available using typical insurance carriers and markets, irrespective of the ability of the association of unit owners to pay. (2) (a) This section applies to an insurance policy or combination of insurance policies: (i) issued or renewed on or after July 1, […]
Section 34 – Persons subject to provisions and agreements.
57-8-34. Persons subject to provisions and agreements. (1) All unit owners, tenants of such owners, employees of owners and tenants, or any other person who may in any manner use the property or any part thereof submitted to the provisions of this act shall be subject to this act and to the declaration and bylaws […]
Section 35 – Effect of other laws — Compliance with ordinances and codes — Approval of projects by municipality or county.
57-8-35. Effect of other laws — Compliance with ordinances and codes — Approval of projects by municipality or county. (1) The provisions of this chapter shall be in addition and supplemental to all other provisions of law, statutory or judicially declared, provided that wherever the application of the provisions of this chapter conflict with the […]