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Terms Used In Utah Code 57-8-8.1
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.
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
Condominium: means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. See Utah Code 57-8-3
Condominium unit: means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. 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.
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
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Limited common areas and facilities: means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. 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
Political sign: means any sign or document that advocates:
(a)
the election or defeat of a candidate for public office; or
(b)
the approval or defeat of a ballot proposition. See Utah Code 57-8-3
is occupied by an individual while the unit owner is not occupying the unit as the unit owner's primary residence; or
(b)
an occupied unit owned by an entity or trust, regardless of who occupies the unit. See Utah Code 57-8-3
Size: means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the record of survey map and rounded off to a whole number. 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)
Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit owners similarly.
(b)
Notwithstanding Subsection (1)(a), a rule may:
(i)
vary according to the level and type of service that the association of unit owners provides to unit owners;
(ii)
differ between residential and nonresidential uses; or
(iii)
for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant’s guest or as the unit owner’s guest.
(2)
(a)
If a unit owner owns a rental unit and is in compliance with the association of unit owners’ governing documents and any rule that the association of unit owners adopts under Subsection (4), a rule may not treat the unit owner differently because the unit owner owns a rental unit.
(b)
Notwithstanding Subsection (2)(a), a rule may:
(i)
limit or prohibit a rental unit owner from using the common areas and facilities for purposes other than attending an association meeting or managing the rental unit;
(ii)
if the rental unit owner retains the right to use the association of unit owners’ common areas and facilities, even occasionally:
(A)
charge a rental unit owner a fee to use the common areas and facilities; and
(B)
for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant’s guest or as the unit owner’s guest; or
(iii)
include a provision in the association of unit owners’ governing documents that:
(A)
requires each tenant of a rental unit to abide by the terms of the governing documents; and
(B)
holds the tenant and the rental unit owner jointly and severally liable for a violation of a provision of the governing documents.
(3)
(a)
A rule may not interfere with the freedom of a unit owner to determine the composition of the unit owner’s household.
(b)
Notwithstanding Subsection (3)(a), an association of unit owners may:
(i)
require that all occupants of a dwelling be members of a single housekeeping unit; or
(ii)
limit the total number of occupants permitted in each residential dwelling on the basis of the residential dwelling’s:
(A)
size and facilities; and
(B)
fair use of the common areas and facilities.
(4)
Unless contrary to a declaration, a rule may require a minimum lease term.
(5)
Unless otherwise provided in the declaration, an association of unit owners may by rule:
(a)
regulate the use, maintenance, repair, replacement, and modification of common areas and facilities;
(b)
impose and receive any payment, fee, or charge for:
(i)
the use, rental, or operation of the common areas, except limited common areas and facilities; and
(ii)
a service provided to a unit owner;
(c)
impose a charge for a late payment of an assessment; or
Except as provided in Subsection (6)(b), a rule may not prohibit a unit owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the owner’s condominium unit.
(b)
A rule may prohibit a unit owner from installing a personal security camera in a common area not physically connected to the owner’s unit.
(7)
(a)
A rule may not abridge the right of a unit owner to display a religious or holiday sign, symbol, or decoration inside the owner’s condominium unit.
(b)
An association may adopt a reasonable time, place, and manner restriction with respect to a display that is visible from the exterior of a unit.
(8)
(a)
A rule may not:
(i)
prohibit a unit owner from displaying in a window of the owner’s condominium unit:
(A)
a for-sale sign; or
(B)
a political sign;
(ii)
regulate the content of a political sign; or
(iii)
establish design criteria for a political sign.
(b)
Notwithstanding Subsection (8)(a), a rule may reasonably regulate the size and time, place, and manner of posting a for-sale sign or a political sign.
(9)
An association of unit owners:
(a)
shall adopt rules supporting water-efficient landscaping, including allowance for low water use on lawns during drought conditions; and
(b)
may not prohibit or restrict the conversion of a grass park strip to water-efficient landscaping.
(10)
A rule may restrict a sex offender from accessing a protected area that is maintained, operated, or owned by the association, subject to the exceptions described in Subsection 77-27-21.7(3).
(11)
A rule shall be reasonable.
(12)
A declaration, or an amendment to a declaration, may vary any of the requirements of Subsections (1) through (5), except Subsection (1)(b)(ii).
(13)
This section applies to an association of unit owners regardless of when the association of unit owners is created.
