Section 802 – Electric vehicle charging systems — Restrictions — Responsibilities.
Effective 5/4/2022 57-8a-802. Electric vehicle charging systems — Restrictions — Responsibilities. (1) Notwithstanding any provision in an association’s governing documents to the contrary, an association may not prohibit a lot owner from installing or using a charging system in: (a) a parking space: (i) on the lot owner’s lot; and (ii) used for the parking […]
Section 701 – Solar energy system — Prohibition or restriction in declaration or association rule.
Effective 5/4/2022 57-8a-701. Solar energy system — Prohibition or restriction in declaration or association rule. (1) As used in this section, “detached dwelling” means a detached dwelling for which the association does not have an ownership interest in the detached dwelling’s roof. (2) (a) A governing document other than a declaration may not prohibit an […]
Section 702 – Attorney fees.
Effective 5/9/2017 57-8a-702. Attorney fees. In an action to enforce this part, the court may award the prevailing party, in addition to any other available relief, an amount equal to the prevailing party’s costs and reasonable attorney fees. Enacted by Chapter 424, 2017 General Session
Section 703 – Applicability.
Effective 5/9/2017 57-8a-703. Applicability. (1) Except as provided in Subsection (2), this part applies to a declaration or official association action regardless of when the declaration was recorded or the official association action was taken. (2) This part does not apply to an express prohibition or an express restriction on a lot owner’s installation of […]
Section 406 – Liability insurance.
57-8a-406. Liability insurance. (1) This section applies to a liability insurance policy required under Subsection 57-8a-403(1)(b). (2) A liability insurance policy shall be in an amount determined by the board but not less than an amount specified in the declaration or bylaws. (3) Each lot owner is an insured person under a liability insurance policy […]
Section 407 – Damage to a portion of project — Insurance proceeds.
57-8a-407. Damage to a portion of project — Insurance proceeds. (1) (a) If a portion of the project for which insurance is required under this part is damaged or destroyed, the association shall repair or replace the portion within a reasonable amount of time unless: (i) the project is terminated; (ii) repair or replacement would […]
Section 501 – Board acts for association.
Effective 7/1/2014 57-8a-501. Board acts for association. Except as limited in a declaration, the association bylaws, or other provisions of this chapter, a board acts in all instances on behalf of the association. Enacted by Chapter 152, 2013 General Session
Section 502 – Period of administrative control.
Effective 3/23/2016 57-8a-502. Period of administrative control. (1) Unless otherwise provided for in a declaration, a period of administrative control terminates on the first to occur of the following: (a) 60 days after 75% of the lots that may be created are conveyed to lot owners other than a declarant; (b) seven years after all […]
Section 601 – Consolidation of multiple associations.
Effective 7/1/2014 57-8a-601. Consolidation of multiple associations. (1) Two or more associations may be consolidated into a single association as provided in Title 16, Chapter 6a, Part 11, Merger, and this section. (2) Unless the declaration, articles, or bylaws otherwise provide, a declaration of consolidation between two or more associations to consolidate into a single […]
Section 401 – Definition.
57-8a-401. Definition. As used in this part, “reasonably available” means available using typical insurance carriers and markets, irrespective of the ability of the association to pay. Enacted by Chapter 355, 2011 General Session