(1) 

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Terms Used In Utah Code 57-8-39

  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Declarant: means all persons who execute the declaration or on whose behalf the declaration is executed. 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
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Period of administrative control: means the period of control described in Subsection 57-8-16. See Utah Code 57-8-3
  • 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
  • Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. See Utah Code 57-8-3
    • (a) 

    (i)  To amend the governing documents, the governing documents may not require:

    (A)  for an amendment adopted after the period of administrative control, the vote or approval of unit owners with more than 67% of the voting interests;

    (B)  the approval of any specific unit owner; or

    (C)  the vote or approval of lien holders holding more than 67% of the first position security interests secured by a mortgage or trust deed in the association of unit owners.

    (ii)  Any provision in the governing documents that prohibits a vote or approval to amend any part of the governing documents during a particular time period is invalid.

    (b)  Subsection (1)(a) does not apply to an amendment affecting only:

    (i)  the undivided interest of each unit owner in the common areas and facilities, as expressed in the declaration;

    (ii)  unit boundaries; or

    (iii)  unit owners’ voting rights.

    (2) 

    (a)  A contract for services such as garbage collection, maintenance, lawn care, or snow removal executed on behalf of the association of unit owners during a period of administrative control is binding beyond the period of administrative control unless terminated by the management committee after the period of administrative control ends.

    (b)  Subsection (2)(a) does not apply to golf course and amenity management, utilities, cable services, and other similar services that require an investment of infrastructure or capital.

    (3)  Voting interests under Subsection (1) are calculated in the manner required by the governing documents.

    (4)  Nothing in this section affects any other rights reserved by the declarant.

    (5)  This section applies to an association of unit owners regardless of when the association of unit owners is created.

    Amended by Chapter 324, 2017 General Session

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