Upon request in accordance with Subsection (2), at least 10 days before the day on which an electrical corporation or a gas corporation discontinues service to a unit, the electrical corporation or gas corporation shall give the association of unit owners:
Need help reviewing a real estate contract? Have it reviewed by a lawyer, get answers to your questions and move forward with confidence. Connect with a lawyer now
Terms Used In Utah Code 57-8-56
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
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
Person: means an individual, corporation, partnership, association, trustee, or other legal entity. 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)
written notice that the electrical corporation or gas corporation will discontinue service to the unit; and
(b)
an opportunity to pay any delinquent charges and maintain service to the unit.
(2)
An association of unit owners may request the notice and opportunity to pay described in Subsection (1) by sending a written request to the electrical corporation or gas corporation that includes:
(a)
the address of each unit in the association of unit owners;
(b)
the association of unit owners’ name, mailing address, phone number, and email address; and
(c)
the address where the electrical corporation or gas corporation may send notices.
(3)
If, after an electrical corporation or a gas corporation sends a written notice described in Subsection (1) to an association of unit owners and the association of unit owners does not pay the delinquent charges within 10 days after the day on which the electrical corporation or gas corporation sends the notice, the electrical corporation or gas corporation may discontinue service to the unit.
(4)
An association of unit owners may collect any payment to an electrical corporation or a gas corporation under this section as an assessment in accordance with Section 57-8-44.
(5)
(a)
If, after an association of unit owners receives a written notice described in Subsection (1), the association of unit owners decides not to pay the delinquent charges, the association of unit owners may, if permitted by the association of unit owners’ governing documents, and after reasonable notice to the unit owner:
(i)
enter the unit; and
(ii)
winterize the unit.
(b)
A person who enters a unit in accordance with Subsection (5)(a) is not liable for trespass.
(c)
An association of unit owners may charge a unit owner an assessment for the actual and reasonable costs of winterizing a unit in accordance with this Subsection (5).
Enacted by Chapter 213, 2015 General Session Amended by Chapter 325, 2015 General Session, (Coordination Clause)
