Terms Used In Utah Code > Title 57 > Chapter 8a > Part 3 - Collection of Assessments

• 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 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 Deed: The legal instrument used to transfer title in real property from one person to another. 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 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 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 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 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 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. 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 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 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. 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