Except as provided in Subsection (2), this part applies to a declaration or official association action regardless of when the declaration was recorded or the official association action was taken.
Terms Used In Utah Code 57-8a-703
association: means a corporation or other legal entity, any member of which:
(i)
is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and
(ii)
by virtue of membership or ownership of a residential lot is obligated to pay:
(A)
real property taxes;
(B)
insurance premiums;
(C)
maintenance costs; or
(D)
for improvement of real property not owned by the member. See Utah Code 57-8a-102
Lot: means :
(a)
a lot, parcel, plot, or other division of land:
(i)
designated for separate ownership or occupancy; and
(ii)
(A)
shown on a recorded subdivision plat; or
(B)
the boundaries of which are described in a recorded governing document; or
(b)
(i)
a unit in a condominium association if the condominium association is a part of a development; or
(ii)
a unit in a real estate cooperative if the real estate cooperative is part of a development. See Utah Code 57-8a-102
Period of administrative control: means the period during which the person who filed the association's governing documents or the person's successor in interest retains authority to:
(a)
appoint or remove members of the association's board of directors; or
(b)
exercise power or authority assigned to the association under the association's governing documents. See Utah Code 57-8a-102
Solar energy system: means :
(a)
a system that is used to produce electric energy from sunlight; and
(b)
the components of the system described in Subsection (27)(a). See Utah Code 57-8a-102
(2)
This part does not apply to an express prohibition or an express restriction on a lot owner’s installation of a solar energy system:
(a)
described in a declaration recorded before January 1, 2017; or
(b)
created by official association action taken before January 1, 2017.
(3)
This part does not apply during the period of administrative control.
