| (b) | organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3Common 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 57-8-3Condominium: 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 57-8-3Condominium 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 57-8-3Declaration: 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 57-8-3Property: 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 57-8-3Unconstructed 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 57-8-3Unit: 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 57-8-3Unit 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 |
| (2) |
An association of unit owners shall, according to each unit owner‘s respective percentage or fractional undivided interests in the common areas and facilities:
| (a) |
distribute the property‘s common profits among the unit owners; |
| (b) |
except as otherwise provided in the declaration for unconstructed units, assess the unit owners the property’s common expenses; and |
| (c) |
make voting rights available to the unit owners. |
|
| (3) |
| (a) |
After the recording of a condominium project‘s declaration, an unconstructed unit is a unit for the purposes of the declaration and this chapter, including:
| (i) |
allocation of undivided interests in the common areas and facilities in accordance with Subsection 57-8-7(2); and |
| (ii) |
voting rights in accordance with Section 57-8-24. |
|
| (b) |
Subsection (3)(a) applies to a condominium project regardless of when the condominium project’s initial declaration was recorded. |
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Amended by Chapter 210, 2016 General Session
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