(1)  A member of the management committee shall be:

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Terms Used In Utah Code 57-8-59

  • 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
  • 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
  • Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See Utah Code 57-8-3
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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)  a natural person; and

    (b)  18 years old or older.

    (2)  An association‘s bylaws may prescribe other qualifications for members of the management committee in addition to the requirements described in Subsection (1).

    (3)  Without limiting the qualifications an association prescribes under Subsection (2), an association may, through governing documents or the management committee’s internal procedures, disqualify an individual from serving as a member of the management committee because the individual:

    (a)  has been convicted of a felony; or

    (b)  is a sex offender.

    (4)  A member of the management committee need not be a resident of this state or a lot owner in the association unless required by the association’s bylaws.

    (5)  Except as limited in the declaration, the association of unit owners bylaws or articles of incorporation, or other provisions of this chapter, a management committee acts in all instances on behalf of the association of unit owners.

    Amended by Chapter 503, 2023 General Session

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