(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:

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Terms Used In Utah Code 57-8-10.5

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • association: means all of the unit owners:
(a) acting as a group in accordance with the declaration and bylaws; or
(b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3
  • Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3
    • (a)  the amendment procedures and requirements specified in the declaration and applicable provisions of this chapter; or

    (b)  the amendment procedures and requirements of this chapter, if the declaration being amended does not contain amendment procedures and requirements.

    (2)  If an amendment under Subsection (1) adopts a specific section of this chapter:

    (a)  the amendment grants a right, power, or privilege permitted by that specific section; and

    (b)  all correlative obligations, liabilities, and restrictions in that section also apply.

    Enacted by Chapter 152, 2013 General Session

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