Utah Code 57-8-51. Appointment of receiver

In an action by an association of unit owners to collect an assessment or to foreclose a lien for an unpaid assessment, a court may:

(1)

appoint a receiver, in accordance with Section 7-2-9, to collect and hold money alleged to be due and owing to a unit owner:

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Terms Used In Utah Code 57-8-51

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

Lien: A claim against real or personal property in satisfaction of a debt.

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)

before commencement of the action; or

(b)	during the pendency of the action; and

(2)	order the receiver to pay the association of unit owners, to the extent of the association’s common expense assessment, money the receiver holds under Subsection (1).

Enacted by Chapter 355, 2011 General Session

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