Utah Code 57-8a-214. Fair and reasonable notice

(1)	Notice that an association provides by a method allowed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, constitutes fair and reasonable notice, regardless of whether or not the association is a nonprofit corporation.

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Terms Used In Utah Code 57-8a-214

association: means a corporation or other legal entity, any member of which:

(i)	is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and

(ii)

by virtue of membership or ownership of a residential lot is obligated to pay:

(A)	real property taxes;

(B)	insurance premiums;

(C)	maintenance costs; or

(D)

for improvement of real property not owned by the member. See Utah Code 57-8a-102

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.

Lot: means :

(a)

a lot, parcel, plot, or other division of land:

(i)	designated for separate ownership or occupancy; and

(ii)

(A)	shown on a recorded subdivision plat; or

(B)	the boundaries of which are described in a recorded governing document; or

(b)

(i)	a unit in a condominium association if the condominium association is a part of a development; or

(ii)

a unit in a real estate cooperative if the real estate cooperative is part of a development. See Utah Code 57-8a-102

(2)

Notice that an association provides by a method not referred to in Subsection (1) constitutes fair and reasonable notice if:

(a)	the method is authorized in the declaration, articles, bylaws, or rules; and

(b)	considering all the circumstances, the notice is fair and reasonable.

(3)

(a)	If provided in the declaration, articles, bylaws, or rules, an association may provide notice by electronic means, including text message, email, or the association’s website.

(b)	Notwithstanding Subsection (3)(a), a lot owner may, by written demand, require an association to provide notice to the lot owner by mail.

Enacted by Chapter 355, 2011 General Session

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