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 […]
Section 17 – Records — Availability for examination.
Effective 5/4/2022 57-8-17. Records — Availability for examination. (1) (a) Subject to Subsection (1)(b) and regardless of whether the association of unit owners is incorporated under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, an association of unit owners shall keep and make available to unit owners: (i) each record identified in Subsections 16-6a-1601(1) […]
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, […]
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 […]
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 […]
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 […]
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
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 […]
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 […]
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 […]