Terms Used In Utah Code > Title 57 > Chapter 19 - Timeshare and Camp Resort Act

• Accommodation: means :

  (a)	a hotel or motel room;

  (b)	a condominium or cooperative unit;

  (c)

  a cabin;

  (d)

  a lodge;

  (e)	an apartment; or

  (f)

  a private or commercial structure designed for overnight occupancy by one or more individuals. See Utah Code 57-19-2 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Adult: means an individual 18 years old or older. See Utah Code 26B-5-301 Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court. Amendment: means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. See Utah Code 57-19-2 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Approved treatment facility or program: means a mental health or substance use treatment provider that meets the goals and measurements described in Subsection 26B-5-110(2)(j). See Utah Code 26B-5-301 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Association: means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. See Utah Code 57-19-2 Attending physician: means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant. See Utah Code 26B-5-301 Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court. Attorney-in-fact: means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment. See Utah Code 26B-5-301 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Bequest: Property gifted by will. Business day: means a day other than a Saturday, Sunday, or state or federal holiday. See Utah Code 57-19-2 Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. See Utah Code 57-19-2 Camping site: means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. See Utah Code 57-19-2 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consolidation: means the registration of one or more additional sites or interests in a development after the division approves the development's registration. See Utah Code 57-19-2 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301 Developer: means a person that: (a)  establishes, owns, offers, sells, or operates a timeshare development or camp resort; or (b)  engages one or more other persons to establish, own, offer, sell, or operate a timeshare development or camp resort on the person's behalf. See Utah Code 57-19-2 Development: includes : (i)  a single-site development; or (ii)  a multiple-site development. See Utah Code 57-19-2 Devise: To gift property by will. Direct sales presentation: means an in-person, telephonic, or Internet-based communication that presents an offer to purchase an interest in a development to one or more prospective purchasers. See Utah Code 57-19-2 Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101 Director: means the director of the division. See Utah Code 57-19-2 Division: means the Division of Integrated Healthcare created in Section 26B-1-202. See Utah Code 26B-5-101 Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2 Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1 Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the Department of Commerce. See Utah Code 57-19-2 Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. Harmful sexual conduct: means the following conduct upon an individual without the individual's consent, including the nonconsensual circumstances described in Subsections 76-5-406(2)(a) through (l): (a)  sexual intercourse; (b)  penetration, however slight, of the genital or anal opening of the individual; (c)  any sexual act involving the genitals or anus of the actor or the individual and the mouth or anus of either individual, regardless of the gender of either participant; or (d)  any sexual act causing substantial emotional injury or bodily pain. See Utah Code 26B-5-301 Incapable: means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. See Utah Code 26B-5-301 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Institution: means a hospital or a health facility licensed under Section 26B-2-206. See Utah Code 26B-5-301 Interest: includes a membership agreement, sale, lease, deed, license, or right-to-use agreement. See Utah Code 57-19-2 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local mental health authority: means a county legislative body. See Utah Code 26B-5-101 Local substance abuse authority: means the same as that term is defined in Section 26B-5-101 and described in Section 17-43-201. See Utah Code 26B-5-301 Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient. See Utah Code 26B-5-301 Mental health treatment: means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days. See Utah Code 26B-5-301 Mental illness: means : (a)  a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or (b)  the same as that term is defined in: (i)  the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or (ii)  the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 26B-5-301 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Offer: means a solicitation solely intended to result in a person purchasing an interest in a development. See Utah Code 57-19-2 Office: means the Office of Substance Use and Mental Health created in Section 26B-5-102. See Utah Code 26B-5-101 Patient: means an individual who is: (a)  under commitment to the custody or to the treatment services of a local mental health authority; or (b)  undergoing essential treatment and intervention. See Utah Code 26B-5-301 Person: means :Utah Code 68-3-12.5 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Physician: means an individual who is: (a)  licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or (b)  licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-5-301 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Probate: Proving a will Property: includes both real and personal property. See Utah Code 68-3-12.5 Property report: means the form of a written disclosure described in Section 57-19-11. See Utah Code 57-19-2 Purchaser: means a person who purchases an interest in a development. See Utah Code 57-19-2 real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1 Registration: means : (a)  for a development, an approved application for registration described in Section 57-19-5; or (b)  for a salesperson, an approved application for registration described in Section 57-19-15. See Utah Code 57-19-2 renew: means extending a development's or a salesperson's registration for an additional period on or before the registration's expiration date. See Utah Code 57-19-2 Salesperson: means an individual who, for compensation and as agent for another, is engaged in obtaining commitments of persons to purchase an interest in a development by making direct sales presentations to those persons. See Utah Code 57-19-2 sell: means selling an interest in a development for value. See Utah Code 57-19-2 Serious bodily injury: means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. See Utah Code 26B-5-301 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Site: includes a geographic location where one or more camping sites or accommodations are located that is constructed in phases and is under common management. See Utah Code 57-19-2 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 State hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Timeshare development: means an enterprise with the primary purpose of offering a timeshare interest, including an interest that gives the purchaser the right to use and occupy an accommodation at a single- or multiple-site development. See Utah Code 57-19-2 Timeshare estate: means a small, undivided fractional fee interest in real property by which the purchaser does not receive any right to use an accommodation except as provided by contract, declaration, or other instrument defining a legal right. See Utah Code 57-19-2 Timeshare interest: includes a timeshare estate. See Utah Code 57-19-2 Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5