This is a historical version of this section. See bottom of page for effective date.
Superseded May 14, 2013:
As used in this chapter:
(1) (a) "Assessment" means a charge imposed or
levied:
(i) by the
association;
(ii) on or
against a lot or a lot owner; and
(iii)
pursuant to a governing document recorded with the county recorder.
(b) "Assessment" includes:
(i) a
common expense; and
(ii) an
amount assessed against a lot owner under Subsection 57-8a-405(8).
(2) (a) Except as provided in Subsection (2)(b),
"association" means a corporation or other legal entity, each 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.
(b) "Association" or "homeowner
association" does not include an association created under Title 57,
Chapter 8, Condominium Ownership Act.
(3) "Board of directors" or "board"
means the entity, regardless of name, with primary authority to manage the
affairs of the association.
(4) "Common areas" means property that the
association:
(a) owns;
(b) maintains;
(c) repairs; or
(d) administers.
(5) "Common expense" means costs incurred by the
association to exercise any of the powers provided for in the association's
governing documents.
(6) "Declarant":
(a) means the person who executes a declaration and
submits it for recording in the office of the recorder of the county in which
the property described in the declaration is located; and
(b) includes the person's successor and assign.
(7) (a) "Governing documents" means a written
instrument by which the association may:
(i)
exercise powers; or
(ii)
manage, maintain, or otherwise affect the property under the jurisdiction of
the association.
(b) "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.
(8) "Judicial foreclosure" means a foreclosure of
a lot:
(a) for the
nonpayment of an assessment; and
(b) (i) in the manner provided by law for the
foreclosure of a mortgage on real property; and
(ii) as
provided in Part 3, Collection of Assessments.
(9) "Lease" or "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.
(10) "Limited common areas" means common areas
described in the declaration and allocated for the exclusive use of one or more
lot owners.
(11) "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.
(12) "Nonjudicial foreclosure" means the sale of a lot:
(a) for the nonpayment of an assessment; and
(b) (i) in the same manner as the sale of trust
property under Sections 57-1-19
through 57-1-34;
and
(ii) as
provided in Part 3, Collection of Assessments.
(13) "Residential lot" means a lot, the use of which is limited by law, covenant, or otherwise to primarily residential or recreational purposes.
Amended by Chapter 355, 2011 General Session