Effective 5/13/2014 57-8-10. Contents of declaration. (1) Before the conveyance of any unit in a condominium project, a declaration shall be recorded that contains the covenants, conditions, and restrictions relating to the project that shall be enforceable equitable servitudes, where reasonable, and which shall run with the land. Unless otherwise provided, these servitudes may be […]
Effective 5/8/2018 57-8-10.1. Rental restrictions. (1) (a) Subject to Subsections (1)(b), (5), and (6), an association of unit owners may: (i) create restrictions on the number and term of rentals in a condominium project; or (ii) prohibit rentals in the condominium project. (b) An association of unit owners that creates a rental restriction or prohibition […]
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 […]
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 […]
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 […]
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) […]
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 […]
57-8-13. Condominium plat to be recorded. (1) (a) Simultaneously with the recording of the declaration there shall be recorded a standard size, original linen (21″ x 31″) condominium plat with 6-1/4″ x 1-1/2″ recording information block, which map shall be made by a registered Utah land surveyor and shall set forth: (i) a description of […]
Effective 5/12/2020 57-8-13.1. Registration with Department of Commerce — Department publication of educational materials. (1) As used in this section, “department” means the Department of Commerce created in Section 13-1-2. (2) No later than 90 days after the recording of a declaration, an association of unit owners shall register with the department in the manner […]
Effective 5/13/2014 57-8-13.10. Condominiums containing convertible land — Expandable condominiums — Allocation of interests in common areas and facilities. (1) If a condominium project contains any convertible land or is an expandable condominium, then the declaration may not allocate undivided interests in the common areas and facilities on the basis of par value unless the […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
