Condominium Ownership Act
Utah · 57 · §§ 57-8-1 to 57-8-9 · 81 sections
Overview
The act establishes the legal framework for condominium ownership, under which real property is divided into individually owned units held alongside undivided interests in common areas and facilities. It sets out how a condominium is created and recorded — through a declaration, a plat, and deeds describing each unit — and how a project may later be expanded, contracted, converted, or removed from the statutory regime, while providing for separate taxation of units and the allocation of common expenses, common profits, and voting rights among owners. It also provides the governance structure, requiring bylaws and an owners' association subject to a period of declarant control, and addresses liens against units, insurance and reconstruction after damage, eminent domain awards, rental restrictions, and enforcement of the governing documents.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 16 court decisions.
Most-cited authority: 2006 UT 22 - Swan Creek Village Homeowners Ass'n v. Warne
Sections covered
- Utah Code § 57-8-1Short title12 cites
- Utah Code § 57-8-10Contents of declaration -- Limitations on declaration
- Utah Code § 57-8-10.1Rental restrictions
- Utah Code § 57-8-10.3Indemnification and limit of liability
- Utah Code § 57-8-10.5Amending the declaration to make provisions of this chapter applicable
- Utah Code § 57-8-10.7Board action to enforce governing documents -- Parameters
- Utah Code § 57-8-11Contents of deeds of units
- Utah Code § 57-8-12Recording1 cite
- Utah Code § 57-8-13Condominium plat to be recorded
- Utah Code § 57-8-13.1Registration with Department of Commerce
- Utah Code § 57-8-13.10Condominiums containing convertible land -- Expandable condominiums -- Allocation of interests in common areas and facilities
- Utah Code § 57-8-13.12Land to be withdrawn or added to project -- Applicability of restrictions
- Utah Code § 57-8-13.14Easement rights -- Sales offices and model units -- Damage to property
- Utah Code § 57-8-13.2Conversion of convertible land -- Amendment to declaration -- Limitations
- Utah Code § 57-8-13.4Conversion of convertible space -- Amendment to declaration -- Limitations
- Utah Code § 57-8-13.6Expansion of project
- Utah Code § 57-8-13.8Contraction of project
- Utah Code § 57-8-14Legal description of units
- Utah Code § 57-8-15Bylaws
- Utah Code § 57-8-16Contents of bylaws
- Utah Code § 57-8-16.5Period of administrative control -- Renewal or ratification of contracts -- Failure to establish association or committee -- Declarant responsibilities
- Utah Code § 57-8-17Records -- Availability for examination
- Utah Code § 57-8-18Blanket mortgages and other blanket liens affecting unit at time of first conveyance
- Utah Code § 57-8-19Liens against units -- Removal from lien -- Effect of part payment
- Utah Code § 57-8-2Applicability of chapter
- Utah Code § 57-8-21Acquisition through tax deed or foreclosure of liens
- Utah Code § 57-8-22Removal of property from statutory provisions
- Utah Code § 57-8-23Removal no bar to subsequent resubmission
- Utah Code § 57-8-24Common profits, common expenses, and voting rights -- Unit -- Unconstructed unit
- Utah Code § 57-8-25Joint and several liability of grantor and grantee for unpaid common expenses
- Utah Code § 57-8-26Waiver of use of common areas and facilities -- Abandonment of unit
- Utah Code § 57-8-27Separate taxation
- Utah Code § 57-8-28Exemption from rules of property
- Utah Code § 57-8-3Definitions
- Utah Code § 57-8-30Application of insurance proceeds to reconstruction
- Utah Code § 57-8-31Disposition of property where insurance proceeds are insufficient for reconstruction
- Utah Code § 57-8-32Sale of property and common areas and facilities
- Utah Code § 57-8-32.5Property taken by eminent domain -- Allocation of award -- Reallocation of interests
- Utah Code § 57-8-33Actions1 cite
- Utah Code § 57-8-34Persons subject to provisions and agreements
- Utah Code § 57-8-35Effect of other laws -- Compliance with ordinances and codes -- Approval of projects by municipality or county
- Utah Code § 57-8-36Existing projects -- Effect of statutory amendments
- Utah Code § 57-8-37Fines
- Utah Code § 57-8-38Arbitration
- Utah Code § 57-8-39Limitation on requirements for amending governing documents -- Limitation on contracts
- Utah Code § 57-8-4Status of the units2 cites
- Utah Code § 57-8-40Organization of an association of unit owners under other law -- Governing document hierarchy -- Reorganization
- Utah Code § 57-8-41Lender approval -- Declaration amendments and association action
- Utah Code § 57-8-42Fair and reasonable notice
- Utah Code § 57-8-43Insurance
- Utah Code § 57-8-44Lien in favor of association of unit owners for assessments and costs of collection
- Utah Code § 57-8-45Enforcement of a lien
- Utah Code § 57-8-4.5Removing or altering partition or creating aperture between adjoining units
- Utah Code § 57-8-46Notice of nonjudicial foreclosure -- Limitations on nonjudicial foreclosure
- Utah Code § 57-8-47Provisions applicable to nonjudicial foreclosure
- Utah Code § 57-8-48One-action rule not applicable -- Abandonment of enforcement proceedings
- Utah Code § 57-8-49Costs and attorney fees in lien enforcement action
- Utah Code § 57-8-5Recognized tenancy relationships
- Utah Code § 57-8-50Action to recover unpaid assessment
- Utah Code § 57-8-51Appointment of receiver
- Utah Code § 57-8-52Termination of a delinquent owner's rights -- Notice -- Informal hearing
- Utah Code § 57-8-53Requiring tenant in residential condominium unit to pay rent to association of unit owners if owner fails to pay assessment
- Utah Code § 57-8-54Statement from manager or management committee of unpaid assessment
- Utah Code § 57-8-55Consolidation of multiple associations of unit owners
- Utah Code § 57-8-56Association of unit owners' right to pay delinquent utilities
- Utah Code § 57-8-57Management committee meetings -- Open meetings
- Utah Code § 57-8-58Liability of declarant or management committee -- Period of declarant control
- Utah Code § 57-8-59Management committee
- Utah Code § 57-8-6Ownership and possession rights
- Utah Code § 57-8-60Administration of funds
- Utah Code § 57-8-6.1Information required before sale to independent third party
- Utah Code § 57-8-6.3Fee for providing payoff information needed at closing
- Utah Code § 57-8-6.7Approval of plans
- Utah Code § 57-8-7Common areas and facilities
- Utah Code § 57-8-7.2Scope -- Designation of certain areas
- Utah Code § 57-8-7.5Reserve analysis -- Reserve fund
- Utah Code § 57-8-7.6Budget
- Utah Code § 57-8-8Compliance with covenants, bylaws and/or house rules and administrative provisions
- Utah Code § 57-8-8.1Equal treatment by rules required -- Limits on rules
- Utah Code § 57-8-8.2Electric vehicle charging systems -- Restrictions -- Responsibilities
- Utah Code § 57-8-9Certain work prohibited
Enacted in other states
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