Unless otherwise provided in the declaration, this section applies to a unit if the declaration designates a wall, floor, or ceiling as a boundary of the unit.
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Terms Used In Utah Code 57-8-7.2
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
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
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
(2)
(a)
The following are part of a unit:
(i)
lath;
(ii)
furring;
(iii)
wallboard;
(iv)
plasterboard;
(v)
plaster;
(vi)
paneling;
(vii)
tiles;
(viii)
wallpaper;
(ix)
paint;
(x)
finished flooring; and
(xi)
any other material constituting part of the finished surface of a wall, floor, or ceiling.
(b)
Any portion of a wall, floor, or ceiling not listed in Subsection (2)(a) is part of the common areas and facilities.
(3)
If a chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit:
(a)
any portion of an item described in this Subsection (3) serving only that unit is part of the limited common areas and facilities; and
(b)
any portion of an item described in this Subsection (3) is part of the common areas and facilities if the item serves:
(i)
more than one unit; or
(ii)
any portion of the common areas and facilities.
(4)
Subject to Subsection (3), the following within the boundaries of a unit are part of the unit:
(a)
spaces;
(b)
interior partitions; and
(c)
other fixtures and improvements.
(5)
The following, if designated to serve a single unit but located outside the unit’s boundaries, are limited common areas and facilities allocated exclusively to a unit:
