Utah Code 57-8-4.5. Removing or altering partition or creating aperture between adjoining units

(1)

Subject to the declaration, a unit owner may, after acquiring an adjoining unit that shares a common wall with the unit owner‘s unit:

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Terms Used In Utah Code 57-8-4.5

Assessment: means any charge imposed by the association, including:

(a)	common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and

(b)

an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3

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

Building: means a building, containing units, and comprising a part of the property. 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

Land: includes :Utah Code 68-3-12.5

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

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)

remove or alter a partition between the unit owner’s unit and the acquired unit, even if the partition is entirely or partly common areas and facilities; or

(b)	create an aperture to the adjoining unit or portion of a unit.

(2)

A unit owner may not take an action under Subsection (1) if the action would:

(a)	impair the structural integrity or mechanical systems of the building or either unit;

(b)	reduce the support of any portion of the common areas and facilities or another unit; or

(c)	constitute a violation of Section 10-9a-608 or 17-27a-608, as applicable, a local government land use ordinance, or a building code.

(3)

The management committee may require a unit owner to submit, at the unit owner’s expense, a registered professional engineer’s or registered architect’s opinion stating that a proposed change to the unit owner’s unit will not:

(a)	impair the structural integrity or mechanical systems of the building or either unit;

(b)	reduce the support or integrity of common areas and facilities; or

(c)	compromise structural components.

(4)	The management committee may require a unit owner to pay all of the legal and other expenses of the association of unit owners related to a proposed alteration to the unit or building under this section.

(5)	An action under Subsection (1) does not change an assessment or voting right attributable to the unit owner’s unit or the acquired unit, unless the declaration provides otherwise.

Enacted by Chapter 152, 2013 General Session

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