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) […]
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, […]
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 […]
57-8-2. Applicability of chapter. This act shall be applicable only to property which the sole owner or all the owners submit to the provisions of the act by duly executing and recording a declaration as provided in the act. Enacted by Chapter 111, 1963 General Session
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 […]
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 […]
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
Effective 3/23/2016 57-8-24. Common profits, common expenses, and voting rights — Unit — Unconstructed unit. (1) A unit is created by the recording of the declaration and a condominium plat that describes the unit. (2) An association of unit owners shall, according to each unit owner’s respective percentage or fractional undivided interests in the common […]
57-8-25. Joint and several liability of grantor and grantee for unpaid common expenses. In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of the grant or conveyance, without […]
57-8-26. Waiver of use of common areas and facilities — Abandonment of unit. No unit owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his unit. Enacted by Chapter 111, 1963 General […]
Effective 5/10/2016 57-8-27. Separate taxation. (1) Each unit and its percentage of undivided interest in the common or community areas and facilities shall be considered to be a parcel and shall be subject to separate assessment and taxation by each assessing unit, local district, and special service district for all types of taxes authorized by […]
57-8-28. Exemption from rules of property. The rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this act, or of any declaration, bylaws or other document executed in accordance with […]
57-8-30. Application of insurance proceeds to reconstruction. In case of fire or any other disaster, the insurance proceeds, if sufficient to reconstruct the building, shall be applied to such reconstruction. Reconstruction of the building, as used in this section and Section 57-8-31, means restoring the building to substantially the same condition in which it existed […]
57-8-31. Disposition of property where insurance proceeds are insufficient for reconstruction. Unless otherwise provided in the declaration or bylaws, if the insurance proceeds are insufficient to reconstruct the building, damage to or destruction of the building shall be promptly repaired and restored by the manager or management committee, using proceeds of insurance, if any, on […]
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 […]
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 […]
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 […]
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 […]
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 […]
57-8-36. Existing projects — Effect of statutory amendments. Any condominium project established by instruments filed for record prior to the effective date of the foregoing amendments to the Condominium Ownership Act (hereinafter referred to as an “existing project”) and the rights and obligations of all parties interested in any such existing project shall, to the […]
