Terms Used In Utah Code > Title 57 > Chapter 8a > Part 2 - Administrative 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.
• 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 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 Common areas: means property that the association: (a)  owns; (b)  maintains; (c)  repairs; or (d)  administers. 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. 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 Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8a-102 Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8a-102 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 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 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 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 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 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 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. 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. 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 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 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 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 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 Statute: A law passed by a legislature. Trustee: A person or institution holding and administering property in trust. United States: includes each state, district, and territory of the United States of America. See 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