17-27a-606. Common area parcels on a plat — No separate ownership — Ownership interest equally divided among other parcels on plat and included in description of other parcels.
| (1) |
As used in this section:
Terms Used In Utah Code 17-27a-606- Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
- Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
| (a) |
“Association” means the same as that term is defined in:
| (i) |
regarding a common area, Section 57-8a-102; and |
| (ii) |
regarding a common area and facility, Section 57-8-3. |
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| (b) |
“Common area” means the same as that term is defined in Section 57-8a-102. |
| (c) |
“Common area and facility” means the same as that term is defined in Section 57-8-3. |
| (d) |
“Declarant” means the same as that term is defined in:
| (i) |
regarding a common area, Section 57-8a-102; and |
| (ii) |
regarding a common area and facility, Section 57-8-3. |
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| (e) |
“Declaration,” regarding a common area and facility, means the same as that term is defined in Section 57-8-3. |
| (f) |
“Period of administrative control” means the same as that term is defined in:
| (i) |
regarding a common area, Section 57-8a-102; and |
| (ii) |
regarding a common area and facility, Section 57-8-3. |
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| (2) |
A person may not separately own, convey, or modify a parcel designated as a common area or common area and facility on a plat recorded in compliance with this part, independent of the other lots, units, or parcels created by the plat unless:
| (a) |
an association holds in trust the parcel designated as a common area for the owners of the other lots, units, or parcels created by the plat; or |
| (b) |
the conveyance or modification is approved under Subsection (5). |
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| (3) |
If a conveyance or modification of a common area or common area and facility is approved in accordance with Subsection (5), the person who presents the instrument of conveyance to a county recorder shall:
| (a) |
attach a notice of the approval described in Subsection (5) as an exhibit to the document of conveyance; or |
| (b) |
record a notice of the approval described in Subsection (5) concurrently with the conveyance as a separate document. |
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| (4) |
When a plat contains a common area or common area and facility:
| (a) |
each parcel that the plat creates has an equal ownership interest in the common area or common area and facility within the plat, unless the plat or an accompanying recorded document indicates a different division of interest for assessment purposes; and |
| (b) |
each instrument describing a parcel on the plat by the parcel’s identifying plat number implicitly includes the ownership interest in the common area or common area and facility within the plat, even if that ownership interest is not explicitly stated in the instrument. |
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| (5) |
Notwithstanding Subsection (2), a person may modify the size or location of or separately convey a common area or common area and facility if the following approve the conveyance or modification:
| (a) |
the local government; |
| (b) |
| (i) |
for a common area that an association owns, 67% of the voting interests in the association; or |
| (ii) |
for a common area that an association does not own, or for a common area and facility, 67% of the owners of lots, units, and parcels designated on a plat that is subject to a declaration and on which the common area or common area and facility is included; and |
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| (c) |
during the period of administrative control, the declarant. |
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Amended by Chapter 405, 2017 General Session
