| (b) | organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCCJudicial foreclosure: means a foreclosure of a unit:| (a) | for the nonpayment of an assessment; |
| (b) | in the manner provided by law for the foreclosure of a mortgage on real property; and |
| (c) | as provided in this chapter. See Utah Code 57-8-3Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.Lien: A claim against real or personal property in satisfaction of a debt.Nonjudicial foreclosure: means the sale of a unit:| (a) | for the nonpayment of an assessment; |
| (b) | in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and |
| (c) | as provided in this chapter. See Utah Code 57-8-3Oversight: Committee review of the activities of a Federal agency or program.Property: means the land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Utah Code 57-8-3State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Unit: 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 57-8-3Unit 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 57-8-3Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5Writing: includes :Utah Code 68-3-12.5 |
| (2) |
The notice under Subsection (1):
| (a) |
shall:
| (i) |
notify the unit owner that the association of unit owners intends to pursue nonjudicial foreclosure with respect to the owner’s unit to enforce the association of unit owners’ lien for an unpaid assessment; |
| (ii) |
notify the unit owner of the owner’s right to demand judicial foreclosure in the place of nonjudicial foreclosure; |
| (iii) |
be in substantially the following form:
“NOTICE OF NONJUDICIAL FORECLOSURE AND RIGHT TO DEMAND JUDICIAL FORECLOSURE
The (insert the name of the association of unit owners), the association for the project in which your unit is located, intends to foreclose upon your unit and allocated interest in the common areas and facilities for delinquent assessments using a procedure that will not require it to file a lawsuit or involve a court. This procedure is governed by Utah Code, Sections 57-8-46 and 57-8-47, and is being followed in order to enforce the association’s lien against your unit and to collect the amount of an unpaid assessment against your unit, together with any applicable late fees and the costs, including attorney fees, associated with the foreclosure proceeding. This procedure cannot and will not be used to foreclose upon your unit for delinquent fines for a violation of the association of unit owners’ governing documents. Alternatively, you have the right to demand that a foreclosure of your property for delinquent assessments be conducted in a lawsuit with the oversight of a judge. If you make this demand, the association of unit owners may also include a claim for delinquent fines for a violation of the association of unit owners’ governing documents. Additionally, if you make this demand and the association prevails in the lawsuit, the costs and attorney fees associated with the lawsuit will likely be significantly higher than if a lawsuit were not required, and you may be responsible for paying those costs and attorney fees. If you want to make this demand, you must state in writing that ‘I demand a judicial foreclosure proceeding upon my unit,’ or words substantially to that effect. You must send this written demand by first class and certified U.S. mail, return receipt requested, within 30 days after the day on which this notice was delivered to you. The address to which you must mail your demand is (insert the address of the association of unit owners for receipt of a demand).”; and |
| (iv) |
be sent to the unit owner by certified mail, return receipt requested; and |
|
| (b) |
may be included with other association correspondence to the unit owner. |
|
| (3) |
An association of unit owners may not use a nonjudicial foreclosure to enforce a lien if:
| (a) |
the association of unit owners fails to provide notice in accordance with Subsection (1); |
| (b) |
the unit owner mails the association of unit owners a written demand for judicial foreclosure:
| (i) |
by U.S. mail, certified with a return receipt requested; |
| (ii) |
to the address stated in the association of unit owners’ notice under Subsection (1); and |
| (iii) |
within 30 days after the day on which the return receipt described in Subsection (2)(a)(iv) shows the association of unit owners’ notice under Subsection (1) is delivered; |
|
| (d) |
unless the lien is on a time share estate as defined in Section 57-19-2, the lien does not include an assessment described in Subsection 57-8-44(1)(a)(i) that is delinquent more than 180 days after the day on which the assessment is due. |
|
Amended by Chapter 398, 2020 General Session
|
|
