§ 57-8-1 Short title
§ 57-8-2 Applicability of chapter
§ 57-8-3 Definitions
§ 57-8-4 Status of the units
§ 57-8-4.5 Removing or altering partition or creating aperture between adjoining units
§ 57-8-5 Recognized tenancy relationships
§ 57-8-6 Ownership and possession rights
§ 57-8-6.1 Information required before sale to independent third party
§ 57-8-6.3 Fee for providing payoff information needed at closing
§ 57-8-6.7 Limit on fee for approval of plans
§ 57-8-7 Common areas and facilities
§ 57-8-7.2 Scope — Designation of certain areas
§ 57-8-7.5 Reserve analysis — Reserve fund
§ 57-8-8 Compliance with covenants, bylaws and/or house rules and administrative provisions
§ 57-8-8.1 Equal treatment by rules required — Limits on rules
§ 57-8-8.2 Electric vehicle charging systems — Restrictions — Responsibilities
§ 57-8-9 Certain work prohibited
§ 57-8-10 Contents of declaration
§ 57-8-10.1 Rental restrictions
§ 57-8-10.3 Indemnification and limit of liability
§ 57-8-10.5 Amending the declaration to make provisions of this chapter applicable
§ 57-8-10.7 Board action to enforce governing documents — Parameters
§ 57-8-11 Contents of deeds of units
§ 57-8-12 Recording
§ 57-8-13 Condominium plat to be recorded
§ 57-8-13.1 Registration with Department of Commerce — Department publication of educational materials
§ 57-8-13.2 Conversion of convertible land — Amendment to declaration — Limitations
§ 57-8-13.4 Conversion of convertible space — Amendment to declaration — Limitations
§ 57-8-13.6 Expansion of project
§ 57-8-13.8 Contraction of project
§ 57-8-13.10 Condominiums containing convertible land — Expandable condominiums — Allocation of interests in common areas and facilities
§ 57-8-13.12 Land to be withdrawn or added to project — Applicability of restrictions
§ 57-8-13.14 Easement rights — Sales offices and model units — Damage to property
§ 57-8-14 Legal description of units
§ 57-8-15 Bylaws
§ 57-8-16 Contents of bylaws
§ 57-8-16.5 Appointment and removal of committee members and association officers — Renewal or ratification of contracts — Failure to establish association or committee
§ 57-8-17 Records — Availability for examination
§ 57-8-18 Blanket mortgages and other blanket liens affecting unit at time of first conveyance
§ 57-8-19 Liens against units — Removal from lien — Effect of part payment
§ 57-8-21 Acquisition through tax deed or foreclosure of liens
§ 57-8-22 Removal of property from statutory provisions
§ 57-8-23 Removal no bar to subsequent resubmission
§ 57-8-24 Common profits, common expenses, and voting rights — Unit — Unconstructed unit
§ 57-8-25 Joint and several liability of grantor and grantee for unpaid common expenses
§ 57-8-26 Waiver of use of common areas and facilities — Abandonment of unit
§ 57-8-27 Separate taxation
§ 57-8-28 Exemption from rules of property
§ 57-8-30 Application of insurance proceeds to reconstruction
§ 57-8-31 Disposition of property where insurance proceeds are insufficient for reconstruction
§ 57-8-32 Sale of property
§ 57-8-32.5 Property taken by eminent domain — Allocation of award — Reallocation of interests
§ 57-8-33 Actions
§ 57-8-34 Persons subject to provisions and agreements
§ 57-8-35 Effect of other laws — Compliance with ordinances and codes — Approval of projects by municipality or county
§ 57-8-36 Existing projects — Effect of statutory amendments
§ 57-8-37 Fines
§ 57-8-38 Arbitration
§ 57-8-39 Limitation on requirements for amending governing documents — Limitation on contracts
§ 57-8-40 Organization of an association of unit owners under other law — Governing document hierarchy — Reorganization
§ 57-8-41 Lender approval — Declaration amendments and association action
§ 57-8-42 Fair and reasonable notice
§ 57-8-43 Insurance
§ 57-8-44 Lien in favor of association of unit owners for assessments and costs of collection
§ 57-8-44 v2 Lien in favor of association of unit owners for assessments and costs of collection
§ 57-8-45 Enforcement of a lien
§ 57-8-46 Notice of nonjudicial foreclosure — Limitations on nonjudicial foreclosure
§ 57-8-47 Provisions applicable to nonjudicial foreclosure
§ 57-8-48 One-action rule not applicable — Abandonment of enforcement proceedings
§ 57-8-49 Costs and attorney fees in lien enforcement action
§ 57-8-50 Action to recover unpaid assessment
§ 57-8-51 Appointment of receiver
§ 57-8-52 Termination of a delinquent owner’s rights — Notice — Informal hearing
§ 57-8-53 Requiring tenant in residential condominium unit to pay rent to association of unit owners if owner fails to pay assessment
§ 57-8-54 Statement from manager or management committee of unpaid assessment
§ 57-8-55 Consolidation of multiple associations of unit owners
§ 57-8-56 Association of unit owners’ right to pay delinquent utilities
§ 57-8-57 Management committee meetings — Open meetings
§ 57-8-58 Liability of declarant or management committee — Period of declarant control
§ 57-8-59 Management committee act for association of unit owners
§ 57-8-60 Administration of funds
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Terms Used In Utah Code > Title 57 > Chapter 8 - Condominium Ownership Act

  • Active tetrahydrocannabinol: means THC, any THC analog, and tetrahydrocannabinolic acid. See Utah Code 26B-4-201
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • advertising: means information provided by a medical cannabis pharmacy in any medium:
    (a) to the public; and
    (b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201
  • Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 26B-4-201
  • Ambulance: means a ground, air, or water vehicle that:
    (a) transports patients and is used to provide emergency medical services; and
    (b) is required to obtain a permit under Section 26B-4-118 to operate in the state. See Utah Code 26B-4-101
  • Ambulance provider: means an emergency medical service provider that:
    (a) transports and provides emergency medical care to patients; and
    (b) is required to obtain a license under Sections 26B-4-150 through 26B-4-170. See Utah Code 26B-4-101
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Behavioral emergency services: means delivering a behavioral health intervention to a patient in an emergency context within a scope and in accordance with guidelines established by the department. See Utah Code 26B-4-101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
  • Cannabis: means marijuana. See Utah Code 26B-4-201
  • Cannabis cultivation facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Cannabis processing facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Cannabis product: means a product that:
    (a) is intended for human use; and
    (b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201
  • Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Cannabis Research Review Board: means the Cannabis Research Review Board created in Section 26B-1-420. See Utah Code 26B-4-201
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commercial condominium project: means a condominium project that has no residential units within the project. See Utah Code 57-8-3
  • Committee: means the State Emergency Medical Services Committee created by Section 26B-1-204. See Utah Code 26B-4-101
  • Common expenses: means :
    (a) all sums lawfully assessed against the unit owners;
    (b) expenses of administration, maintenance, repair, or replacement of the common areas and facilities;
    (c) expenses agreed upon as common expenses by the association of unit owners; and
    (d) expenses declared common expenses by this chapter, or by the declaration or the bylaws. See Utah Code 57-8-3
  • Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 26B-4-201
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conditional medical cannabis card: means an electronic medical cannabis card that the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application. See Utah Code 26B-4-201
  • 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 plat: means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. See Utah Code 57-8-3
  • Condominium project: means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractible condominium: means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this chapter. See Utah Code 57-8-3
  • Controlled substance database: means the controlled substance database created in Section 58-37f-201. See Utah Code 26B-4-201
  • Convertible land: means a building site which is a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this chapter. See Utah Code 57-8-3
  • Convertible space: means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. See Utah Code 57-8-3
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Declarant: means all persons who execute the declaration or on whose behalf the declaration is executed. 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
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Delivery address: means :
    (a) for a medical cannabis cardholder who is not a facility, the medical cannabis cardholder's home address; or
    (b) for a medical cannabis cardholder that is a facility, the facility's address. See Utah Code 26B-4-201
  • Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
  • Dependent: A person dependent for support upon another.
  • Designated caregiver: means :
    (a) an individual:
    (i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and
    (ii) who registers with the department under Section 26B-4-214; or
    (b) 
    (i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26B-4-214(1)(b); or
    (ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii). See Utah Code 26B-4-201
  • Direct medical observation: means in-person observation of a patient by a physician, registered nurse, physician's assistant, or individual licensed under Section 26B-4-116. See Utah Code 26B-4-101
  • Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
  • Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
  • Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
  • Emergency medical condition: means :
    (a) a medical condition that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in:
    (i) placing the individual's health in serious jeopardy;
    (ii) serious impairment to bodily functions; or
    (iii) serious dysfunction of any bodily organ or part; or
    (b) a medical condition that in the opinion of a physician or the physician's designee requires direct medical observation during transport or may require the intervention of an individual licensed under Section 26B-4-116 during transport. See Utah Code 26B-4-101
  • Emergency medical service personnel: includes a paramedic, medical director of a licensed emergency medical service provider, emergency medical service instructor, behavioral emergency services technician, other categories established by the committee, and a certified emergency medical dispatcher. See Utah Code 26B-4-101
  • Emergency medical service providers: means :
    (a) licensed ambulance providers and paramedic providers;
    (b) a facility or provider that is required to be designated under Subsection 26B-4-117(1)(a); and
    (c) emergency medical service personnel. See Utah Code 26B-4-101
  • Emergency medical services: means :
    (a) medical services;
    (b) transportation services;
    (c) behavioral emergency services; or
    (d) any combination of the services described in Subsections (11)(a) through (c). See Utah Code 26B-4-101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Expandable condominium: means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this chapter. See Utah Code 57-8-3
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See Utah Code 26B-4-201
  • Foreclosure: 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: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
  • Government issued photo identification: means any of the following forms of identification:
    (a) a valid state-issued driver license or identification card;
    (b) a valid United States federal-issued photo identification, including:
    (i) a United States passport;
    (ii) a United States passport card;
    (iii) a United States military identification card; or
    (iv) a permanent resident card or alien registration receipt card; or
    (c) a foreign passport. See Utah Code 26B-4-201
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26B-4-201
  • 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
  • Independent third party: means a person that:
    (a) is not related to the unit owner;
    (b) shares no pecuniary interests with the unit owner; and
    (c) purchases the unit in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8-3
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interested party: means :
    (a) a licensed or designated emergency medical services provider that provides emergency medical services within or in an area that abuts an exclusive geographic service area that is the subject of an application submitted pursuant to Sections 26B-4-150 through 26B-4-170;
    (b) any municipality, county, or fire district that lies within or abuts a geographic service area that is the subject of an application submitted pursuant to Sections 26B-4-150 through 26B-4-170; or
    (c) the department when acting in the interest of the public. See Utah Code 26B-4-101
  • Intestate: Dying without leaving a will.
  • Inventory control system: means the system described in Section 4-41a-103. See Utah Code 26B-4-201
  • Judicial 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 57-8-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • Lawsuit: 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.
  • 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
  • Leasehold condominium: means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. See Utah Code 57-8-3
  • Legal dosage limit: means an amount that:
    (a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the relevant recommending medical provider or the state central patient portal or pharmacy medical provider, in accordance with Subsection 26B-4-230(5), recommends; and
    (b) may not exceed:
    (i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
    (ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total, greater than 20 grams of active tetrahydrocannabinol. See Utah Code 26B-4-201
  • Legal use termination date: means a date on the label of a container of unprocessed cannabis flower:
    (a) that is 60 days after the date of purchase of the cannabis; and
    (b) after which, the cannabis is no longer in a medicinal dosage form outside of the primary residence of the relevant medical cannabis patient cardholder. See Utah Code 26B-4-201
  • Level of service: means the level at which an ambulance provider type of service is licensed as:
    (a) emergency medical technician;
    (b) advanced emergency medical technician; or
    (c) paramedic. See Utah Code 26B-4-101
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • 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
  • Limited medical provider: means an individual who:
    (a) meets the recommending qualifications; and
    (b) has no more than 15 patients with a valid medical cannabis patient card or provisional patient card as a result of the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b). See Utah Code 26B-4-201
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Management committee meeting: means a gathering of a management committee, whether in person or by means of electronic communication, at which the management committee can take binding action. See Utah Code 57-8-3
  • Marijuana: means the same as that term is defined in Section 58-37-2. See Utah Code 26B-4-201
  • Means of electronic communication: includes :
    (i) web conferencing;
    (ii) video conferencing; and
    (iii) telephone conferencing. See Utah Code 57-8-3
  • Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
  • Medical cannabis card: means a medical cannabis patient card, a medical cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card. See Utah Code 26B-4-201
  • Medical cannabis cardholder: means :
    (a) a holder of a medical cannabis card; or
    (b) a facility or assigned employee, described in Subsection(17)(b), only:
    (i) within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection 26B-4-214(1)(b); and
    (ii) while in possession of documentation that establishes:
    (A) a caregiver designation described in Subsection 26B-4-214(1)(b);
    (B) the identity of the individual presenting the documentation; and
    (C) the relation of the individual presenting the documentation to the caregiver designation. See Utah Code 26B-4-201
  • Medical cannabis caregiver card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
    (a) the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and
    (b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Medical cannabis courier: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Medical cannabis courier agent: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Medical cannabis device: means a device that an individual uses to ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
  • Medical cannabis guardian card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
    (a) the department issues to the parent or legal guardian of a minor with a qualifying condition; and
    (b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Medical cannabis patient card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
    (a) the department issues to an individual with a qualifying condition; and
    (b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Medical cannabis pharmacy: means a person that:
    (a) 
    (i) acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or
    (ii) possesses medical cannabis or a medical cannabis device; and
    (b) sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201
  • Medical cannabis pharmacy agent: means an individual who holds a valid medical cannabis pharmacy agent registration card issued by the department. See Utah Code 26B-4-201
  • Medical cannabis pharmacy agent registration card: means a registration card issued by the department that authorizes an individual to act as a medical cannabis pharmacy agent. See Utah Code 26B-4-201
  • Medical cannabis shipment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Medical cannabis treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. See Utah Code 26B-4-201
  • Medical control: means a person who provides medical supervision to an emergency medical service provider. See Utah Code 26B-4-101
  • Medicinal dosage form: includes a portion of unprocessed cannabis flower that:
    (i) the medical cannabis cardholder has recently removed from the container described in Subsection (42)(a)(ii) for use; and
    (ii) does not exceed the quantity described in Subsection (42)(a)(ii). See Utah Code 26B-4-201
  • Mixed-use condominium project: means a condominium project that has both residential and commercial units in the condominium project. See Utah Code 57-8-3
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nonemergency secured behavioral health transport: means an entity that:
    (a) provides nonemergency secure transportation services for an individual who:
    (i) is not required to be transported by an ambulance under Section 26B-4-119; and
    (ii) requires behavioral health observation during transport between any of the following facilities:
    (A) a licensed acute care hospital;
    (B) an emergency patient receiving facility;
    (C) a licensed mental health facility; and
    (D) the office of a licensed health care provider; and
    (b) is required to be designated under Section 26B-4-117. See Utah Code 26B-4-101
  • 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 57-8-3
  • Nonresident patient: means an individual who:
    (a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
    (b) has a currently valid medical cannabis card or the equivalent of a medical cannabis card under the laws of another state, district, territory, commonwealth, or insular possession of the United States; and
    (c) has been diagnosed with a qualifying condition as described in Section 26B-4-203. See Utah Code 26B-4-201
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Par value: means a number of dollars or points assigned to each unit by the declaration. See Utah Code 57-8-3
  • Paramedic provider: means an entity that:
    (a) employs emergency medical service personnel; and
    (b) is required to obtain a license under Sections 26B-4-150 through 26B-4-170. See Utah Code 26B-4-101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patient: means an individual who, as the result of illness, injury, or a behavioral emergency condition, meets any of the criteria in Section 26B-4-119. See Utah Code 26B-4-101
  • Payment provider: means an entity that contracts with a cannabis production establishment or medical cannabis pharmacy to facilitate transfers of funds between the establishment or pharmacy and other businesses or individuals. See Utah Code 26B-4-201
  • Period of administrative control: means the period of control described in Subsection 57-8-16. See Utah Code 57-8-3
  • Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See Utah Code 57-8-3
  • Person: means :Utah Code 68-3-12.5
  • Pharmacy medical provider: means the medical provider required to be on site at a medical cannabis pharmacy under Section 26B-4-219. See Utah Code 26B-4-201
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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
  • Political subdivision: means :
    (a) a city, town, or metro township;
    (b) a county;
    (c) a special service district created under Title 17D, Chapter 1, Special Service District Act, for the purpose of providing fire protection services under Subsection 17D-1-201(9);
    (d) a special district created under Title 17B, Limited Purpose Local Government Entities - Special Districts, for the purpose of providing fire protection, paramedic, and emergency services;
    (e) areas coming together as described in Subsection 26B-4-156(2)(b)(ii); or
    (f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 26B-4-101
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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 57-8-3
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Protected area: means the same as that term is defined in Section 77-27-21. See Utah Code 57-8-3
  • Provisional patient card: means a card that:
    (a) the department issues to a minor with a qualifying condition for whom:
    (i) a recommending medical provider has recommended a medical cannabis treatment; and
    (ii) the department issues a medical cannabis guardian card to the minor's parent or legal guardian; and
    (b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Qualified medical provider: means an individual:
    (a) who meets the recommending qualifications; and
    (b) whom the department registers to recommend treatment with cannabis in a medicinal dosage form under Section 26B-4-204. See Utah Code 26B-4-201
  • Qualified Patient Enterprise Fund: means the enterprise fund created in Section 26B-1-310. See Utah Code 26B-4-201
  • Qualifying condition: means a condition described in Section 26B-4-203. See Utah Code 26B-4-201
  • Quorum: The number of legislators that must be present to do business.
  • real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • recommendation: means , for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which:
    (a) certifies the patient's eligibility for a medical cannabis card; and
    (b) may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines. See Utah Code 26B-4-201
  • Recommending medical provider: means a qualified medical provider or a limited medical provider. See Utah Code 26B-4-201
  • Recommending qualifications: means that an individual:
    (a) 
    (i) has the authority to write a prescription;
    (ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act; and
    (iii) possesses the authority, in accordance with the individual's scope of practice, to prescribe a Schedule II controlled substance; and
    (b) is licensed as:
    (i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
    (ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act;
    (iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
    (iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-201
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • rental unit: means :
    (a) a unit that:
    (i) is not owned by an entity or trust; and
    (ii) 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
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
  • 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
  • State central patient portal: means the website the department creates, in accordance with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical cannabis order. See Utah Code 26B-4-201
  • State electronic verification system: means the system described in Section 26B-4-202. See Utah Code 26B-4-201
  • Statute: A law passed by a legislature.
  • Targeted marketing: means the promotion by a medical cannabis pharmacy of a medical cannabis product, medical cannabis brand, or a medical cannabis device using any of the following methods:
    (a) electronic communication to an individual who is at least 21 years old and has requested to receive promotional information from the medical cannabis pharmacy;
    (b) an in-person marketing event that is:
    (i) held inside a medical cannabis pharmacy; and
    (ii) in an area where only a medical cannabis cardholder may access the event; or
    (c) other marketing material that is physically available or digitally displayed in:
    (i) a medical cannabis pharmacy; and
    (ii) an area where only a medical cannabis cardholder has access. See Utah Code 26B-4-201
  • Testator: A male person who leaves a will at death.
  • THC: means a substance derived from cannabis or a synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA). See Utah Code 26B-4-201
  • THC analog: means the same as that term is defined in Section 4-41-102. See Utah Code 26B-4-201
  • Time period unit: means an annually recurring part or parts of a year specified in the declaration as a period for which a unit is separately owned and includes a timeshare estate as defined in Section 57-19-2. See Utah Code 57-8-3
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trauma: means an injury requiring immediate medical or surgical intervention. See Utah Code 26B-4-101
  • Trauma system: means a single, statewide system that:
    (a) organizes and coordinates the delivery of trauma care within defined geographic areas from the time of injury through transport and rehabilitative care; and
    (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in delivering care for trauma patients, regardless of severity. See Utah Code 26B-4-101
  • Triage: means the sorting of patients in terms of disposition, destination, or priority. See Utah Code 26B-4-101
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Unconstructed unit: means a unit that:
    (a) is intended, as depicted in the condominium plat, to be fully or partially contained in a building; and
    (b) is not constructed. 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 number: means the number, letter, or combination of numbers and letters designating the unit in the declaration and in the record of survey map. 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah 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 68-3-12.5
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Writing: includes :Utah Code 68-3-12.5