57-8a-201. Payment of a common expense or assessment. (1) An owner shall pay the owner’s proportionate share of: (a) the common expenses; and (b) any other assessments levied by the association. (2) A payment described in Subsection (1) shall be in the amount and at the time determined by the board of directors in accordance […]
57-8a-206. Written statement of unpaid assessment. (1) (a) The manager or board of directors shall issue a written statement indicating any unpaid assessment with respect to a lot covered by the request, upon: (i) the written request of any unit owner; and (ii) payment of a reasonable fee not to exceed $10. (b) The written […]
Effective 5/12/2015 57-8a-208. Fines. (1) A board may assess a fine against a lot owner for a violation of the association’s governing documents in accordance with the provisions of this section. (2) (a) Before assessing a fine under Subsection (1), the board shall give the lot owner a written warning that: (i) describes the violation; […]
Effective 10/1/2021 57-8a-209. Rental restrictions. (1) (a) Subject to Subsections (1)(b), (5), (6), and (10), an association may: (i) create restrictions on the number and term of rentals in an association; or (ii) prohibit rentals in the association. (b) An association that creates a rental restriction or prohibition in accordance with Subsection (1)(a) shall create […]
57-8a-210. 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, then, subject to Subsection (4), the security holder’s consent is presumed if: (a) written notice of the proposed amendment or action is sent by […]
Effective 5/5/2021 57-8a-211. Reserve analysis — Reserve fund. (1) As used in this section: (a) “Reserve analysis” means an analysis to determine: (i) the need for a reserve fund to accumulate reserve funds; and (ii) the appropriate amount of any reserve fund. (b) “Reserve fund line item” means the line item in an association’s annual […]
Effective 7/1/2014 57-8a-212. Content of a declaration. (1) An initial declaration recorded on or after May 10, 2011 shall contain: (a) the name of the project; (b) the name of the association; (c) a statement that the project is not a cooperative; (d) a statement indicating any portions of the project that contain condominiums governed […]
Effective 5/8/2018 57-8a-212.5. Compliance with governing documents. Subject to reasonable compliance therewith by the board, each lot owner shall reasonably comply with the governing documents, as the governing documents may be lawfully amended from time to time, and failure to comply shall be ground for an action to recover sums due for damages or injunctive […]
57-8a-213. Board action to enforce governing documents — Parameters. (1) (a) The board shall use its reasonable judgment to determine whether to exercise the association’s powers to impose sanctions or pursue legal action for a violation of the governing documents, including: (i) whether to compromise a claim made by or against the board or the […]
57-8a-214. Fair and reasonable notice. (1) Notice that an association provides by a method allowed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, constitutes fair and reasonable notice, regardless of whether or not the association is a nonprofit corporation. (2) Notice that an association provides by a method not referred to in Subsection […]
57-8a-215. Budget. (1) At least annually the board shall prepare and adopt a budget for the association. (2) The board shall present the adopted budget to association members at a meeting of the members. (3) A budget is disapproved if within 45 days after the date of the meeting under Subsection (2) at which the […]
57-8a-216. Association bylaws — Recording required — Bylaw requirements. (1) (a) No later than the date of the first lot sale, an association shall file its bylaws for recording in the office of the recorder of each county in which any part of the real estate included within the association is located. (b) If an […]
Effective 5/12/2015 57-8a-217. Association rules, including design criteria — Requirements and limitations relating to board’s action on rules and design criteria — Vote of disapproval. (1) (a) Subject to Subsection (1)(b), a board may adopt, amend, modify, cancel, limit, create exceptions to, expand, or enforce the rules and design criteria of the association. (b) A […]
Effective 5/4/2022 57-8a-218. Equal treatment by rules required — Limits on association rules and design criteria. (1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated lot owners similarly. (b) Notwithstanding Subsection (1)(a), a rule may: (i) vary according to the level and type of service that the association provides to […]
57-8a-219. Display of the flag. (1) An association may not prohibit a lot owner from displaying a United States flag inside a dwelling or limited common area or on a lot, if the display complies with United States Code, Title 4, Chapter 1, The Flag. (2) An association may restrict the display of a flag […]
Effective 7/1/2014 57-8a-220. Creditor approval may be required for lot owner or association action under declaration — Creditor approval presumed in certain circumstances — Notice to creditor or creditor’s successor. (1) (a) Subject to Subsection (1)(b), a declaration may: (i) condition the effectiveness of lot owners’ actions specified in the declaration on the approval of […]
57-8a-221. Reincorporation of terminated or dissolved association. (1) An association that is terminated or dissolved without possibility of reinstatement under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, may be reincorporated by the acting directors of the association refiling articles of incorporation that are substantially similar to the articles of incorporation, as amended, in […]
Effective 7/1/2014 57-8a-222. Removing or altering partition or creating aperture between dwelling units on adjoining lots. (1) Subject to the declaration, a lot owner may, after acquiring an adjoining lot with a dwelling unit that shares a common wall with a dwelling unit on the lot owner’s lot: (a) remove or alter a partition between […]
Effective 7/1/2014 57-8a-223. Eminent domain — Common area. Unless the declaration provides otherwise: (1) if part of the common area is taken by eminent domain: (a) the entity taking part of the common area shall pay to the association the portion of the compensation awarded for the taking that is attributable to the common area; […]
Effective 7/1/2015 57-8a-224. Responsibility for the maintenance, repair, and replacement of common areas and lots. (1) As used in this section: (a) “Emergency repair” means a repair that, if not made in a timely manner, will likely result in immediate and substantial damage to a common area or to another lot. (b) “Reasonable notice” means: […]
