Terms Used In Utah Code > Title 57 > Chapter 8a > Part 1 - General Provisions

• 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.
• 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 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 board: means the entity, regardless of name, with primary authority to manage the affairs of the association. See Utah Code 57-8a-102 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 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. Deed: The legal instrument used to transfer title in real property from one person to another. 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 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 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. 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 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 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. 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 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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 Property: includes both real and personal property. See Utah Code 68-3-12.5 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. 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 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 Writing: includes :Utah Code 68-3-12.5