Terms Used In Utah Code > Title 57 > Chapter 8a - Community Association Act

• advertising: means information provided by a medical cannabis pharmacy in any medium:

  (a)	to the public; and

  (b)

  that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201 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. Assessment: includes : (i)  a common expense; and (ii)  an amount assessed against a lot owner under Subsection 57-8a-405(7). See Utah Code 57-8a-102 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 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 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC board: means the entity, regardless of name, with primary authority to manage the affairs of the association. See Utah Code 57-8a-102 Board meeting: means a gathering of a board, whether in person or by means of electronic communication, at which the board can take binding action. See Utah Code 57-8a-102 Cannabis: means marijuana. See Utah Code 26B-4-201 Cannabis product: means a product that: (a)  is intended for human use; and (b)  contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201 Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201 Charging system: means a device that is: (a)  used to provide electricity to an electric or hybrid electric vehicle; and (b)  designed to ensure a safe connection between the electric grid and the vehicle. See Utah Code 57-8a-801 Common areas: means property that the association: (a)  owns; (b)  maintains; (c)  repairs; or (d)  administers. See Utah Code 57-8a-102 Common expense: means costs incurred by the association to exercise any of the powers provided for in the association's governing documents. See Utah Code 57-8a-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC 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. Delivery address: means : (a)  for a medical cannabis cardholder who is not a facility, the medical cannabis cardholder's home address; or (b)  for a medical cannabis cardholder that is a facility, the facility's address. See Utah Code 26B-4-201 Department: means the Department of Health and Human Services. See Utah Code 26B-4-201 Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201 Director: means a member of the board of directors. See Utah Code 57-8a-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. 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 Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201 Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8a-102 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. 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 Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8a-102 General electrical contractor: means the same as that term is defined in Section 58-55-102. See Utah Code 57-8a-801 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing documents: includes : (i)  articles of incorporation; (ii)  bylaws; (iii)  a plat; (iv)  a declaration of covenants, conditions, and restrictions; and (v)  rules of the association. See Utah Code 57-8a-102 Grantor: The person who establishes a trust and places property into it. Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26B-4-201 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Independent third party: means a person that: (a)  is not related to the owner of the residential lot; (b)  shares no pecuniary interests with the owner of the residential lot; and (c)  purchases the residential lot in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8a-102 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Inventory control system: means the system described in Section 4-41a-103. See Utah Code 26B-4-201 Judicial foreclosure: means a foreclosure of a lot: (a)  for the nonpayment of an assessment; (b)  in the manner provided by law for the foreclosure of a mortgage on real property; and (c)  as provided in 3. See Utah Code 57-8a-102 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 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. 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 leasing: means regular, exclusive occupancy of a lot: (a)  by a person or persons other than the owner; and (b)  for which the owner receives a consideration or benefit, including a fee, service, gratuity, or emolument. See Utah Code 57-8a-102 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant). Limited common areas: means common areas described in the declaration and allocated for the exclusive use of one or more lot owners. See Utah Code 57-8a-102 Limited medical provider: means an individual who: (a)  meets the recommending qualifications; and (b)  has no more than 15 patients with a valid medical cannabis patient card or provisional patient card as a result of the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b). See Utah Code 26B-4-201 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 Means of electronic communication: includes : (i)  web conferencing; (ii)  video conferencing; and (iii)  telephone conferencing. See Utah Code 57-8a-102 Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201 Medical cannabis card: means a medical cannabis patient card, a medical cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card. See Utah Code 26B-4-201 Medical cannabis cardholder: means : (a)  a holder of a medical cannabis card; or (b)  a facility or assigned employee, described in Subsection(17)(b), only: (i)  within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection 26B-4-214(1)(b); and (ii)  while in possession of documentation that establishes: (A)  a caregiver designation described in Subsection 26B-4-214(1)(b); (B)  the identity of the individual presenting the documentation; and (C)  the relation of the individual presenting the documentation to the caregiver designation. See Utah Code 26B-4-201 Medical cannabis caregiver card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that: (a)  the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and (b)  is connected to the electronic verification system. See Utah Code 26B-4-201 Medical cannabis courier: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201 Medical cannabis device: means a device that an individual uses to ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201 Medical cannabis pharmacy: means a person that: (a)  (i)  acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or (ii)  possesses medical cannabis or a medical cannabis device; and (b)  sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201 Medical cannabis shipment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201 Medical cannabis treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. See Utah Code 26B-4-201 Mixed-use project: means a project under this chapter that has both residential and commercial lots in the project. See Utah Code 57-8a-102 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Nonjudicial foreclosure: means the sale of a lot: (a)  for the nonpayment of an assessment; (b)  in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and (c)  as provided in 3. See Utah Code 57-8a-102 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. Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. 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 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. Pharmacy medical provider: means the medical provider required to be on site at a medical cannabis pharmacy under Section 26B-4-219. See Utah Code 26B-4-201 Political sign: means any sign or document that advocates: (a)  the election or defeat of a candidate for public office; or (b)  the approval or defeat of a ballot proposition. See Utah Code 57-8a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Protected area: means the same as that term is defined in Section 77-27-21. See Utah Code 57-8a-102 Qualifying condition: means a condition described in Section 26B-4-203. See Utah Code 26B-4-201 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 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. reasonably available: means available using typical insurance carriers and markets, irrespective of the ability of the association to pay. See Utah Code 57-8a-401 recommendation: means , for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which: (a)  certifies the patient's eligibility for a medical cannabis card; and (b)  may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines. See Utah Code 26B-4-201 Recommending medical provider: means a qualified medical provider or a limited medical provider. See Utah Code 26B-4-201 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. rental lot: means : (a)  a lot that: (i)  is not owned by an entity or trust; and (ii)  is occupied by an individual while the lot owner is not occupying the lot as the lot owner's primary residence; or (b)  an occupied lot owned by an entity or trust, regardless of who occupies the lot. See Utah Code 57-8a-102 Residential electrical contractor: means the same as that term is defined in Section 58-55-102. See Utah Code 57-8a-801 Residential lot: means a lot, the use of which is limited by law, covenant, or otherwise to primarily residential or recreational purposes. See Utah Code 57-8a-102 Rule: means a policy, guideline, restriction, procedure, or regulation of an association that: (i)  is not set forth in a contract, easement, article of incorporation, bylaw, or declaration; and (ii)  governs: (A)  the conduct of persons; or (B)  the use, quality, type, design, or appearance of real property or personal property. See Utah Code 57-8a-102 Sex offender: means the same as that term is defined in Section 77-27-21. 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 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 central patient portal: means the website the department creates, in accordance with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical cannabis order. See Utah Code 26B-4-201 State electronic verification system: means the system described in Section 26B-4-202. See Utah Code 26B-4-201 Statute: A law passed by a legislature. Targeted marketing: means the promotion by a medical cannabis pharmacy of a medical cannabis product, medical cannabis brand, or a medical cannabis device using any of the following methods: (a)  electronic communication to an individual who is at least 21 years old and has requested to receive promotional information from the medical cannabis pharmacy; (b)  an in-person marketing event that is: (i)  held inside a medical cannabis pharmacy; and (ii)  in an area where only a medical cannabis cardholder may access the event; or (c)  other marketing material that is physically available or digitally displayed in: (i)  a medical cannabis pharmacy; and (ii)  an area where only a medical cannabis cardholder has access. See Utah Code 26B-4-201 Trustee: A person or institution holding and administering property in trust. Trustor: The person who makes or creates a trust. Also known as the grantor or settlor. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Writing: includes :Utah Code 68-3-12.5