Section 37 – Fines.
Effective 5/12/2015 57-8-37. Fines. (1) A management committee may assess a fine against a unit owner for a violation of the association of unit owners’ governing documents in accordance with the provisions of this section. (2) (a) Before assessing a fine under Subsection (1), the management committee shall give the unit owner a written warning […]
Section 38 – Arbitration.
57-8-38. Arbitration. The declaration, bylaws, or association rules may provide that disputes between the parties shall be submitted to arbitration pursuant to Title 78B, Chapter 11, Utah Uniform Arbitration Act. Amended by Chapter 3, 2008 General Session
Section 39 – Limitation on requirements for amending governing documents — Limitation on contracts.
Effective 5/9/2017 57-8-39. Limitation on requirements for amending governing documents — Limitation on contracts. (1) (a) (i) To amend the governing documents, the governing documents may not require: (A) for an amendment adopted after the period of administrative control, the vote or approval of unit owners with more than 67% of the voting interests; (B) […]
Section 40 – Organization of an association of unit owners under other law — Governing document hierarchy — Reorganization.
Effective 5/9/2017 57-8-40. Organization of an association of unit owners under other law — Governing document hierarchy — Reorganization. (1) As used in this section, “organizational documents” means the documents related to the formation or operation of a nonprofit corporation or other legal entity formed by the management committee or the declarant. (2) If permitted, […]
Section 41 – Lender approval — Declaration amendments and association action.
57-8-41. Lender approval — Declaration amendments and association action. (1) If a security holder’s consent is a condition for amending a declaration or bylaw, or for an action of the association of unit owners or management committee, then, subject to Subsection (4), the security holder’s consent is presumed if: (a) written notice of the proposed […]
Section 42 – Fair and reasonable notice.
57-8-42. Fair and reasonable notice. (1) Notice that an association of unit owners provides by a method allowed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, constitutes fair and reasonable notice, whether or not the association of unit owners is a nonprofit corporation. (2) Notice that an association of unit owners provides by […]
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 32 – Sale of property.
Effective 5/9/2017 57-8-32. Sale of property. (1) Unless otherwise provided in the declaration or bylaws, and notwithstanding the provisions of Sections 57-8-30 and 57-8-31, the unit owners may, at a meeting of unit owners called for the purpose of voting, by an affirmative vote of at least 67% of unit owners, elect to sell or […]
Section 32.5 – Property taken by eminent domain — Allocation of award — Reallocation of interests.
57-8-32.5. Property taken by eminent domain — Allocation of award — Reallocation of interests. (1) If any portion of the common areas and facilities is taken by eminent domain, the award for it shall be allocated to the unit owners in proportion to their respective undivided interests in the common areas and facilities. (2) If […]
Section 33 – Actions.
57-8-33. Actions. Without limiting the rights of any unit owner, actions may be brought by the manager or management committee, in either case in the discretion of the management committee, on behalf of two or more of the unit owners, as their respective interest may appear, with respect to any cause of action relating to […]