Terms Used In Utah Code > Title 57 > Chapter 8a - Community Association Act

• 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 :
            (1)(b)(i) a common expense; and
            (1)(b)(ii) an amount assessed against a lot owner under Subsection 57-8a-405(7). See Utah Code 57-8a-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• association: means a corporation or other legal entity, any member of which:
            (2)(a)(i) is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and
            (2)(a)(ii) by virtue of membership or ownership of a residential lot is obligated to pay:

                 (2)(a)(ii)(A) real property taxes;

                 (2)(a)(ii)(B) insurance premiums;

                 (2)(a)(ii)(C) maintenance costs; or

                 (2)(a)(ii)(D) for improvement of real property not owned by the member. See Utah Code 57-8a-102
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• 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: means the Drug Utilization Review Board created in Section 26B-3-302. See Utah Code 26B-3-301
• 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
• Certified program: means a nursing care facility program with Medicaid certification. See Utah Code 26B-3-301
• Charging system: means a device that is:
       (1)(a) used to provide electricity to an electric or hybrid electric vehicle; and
       (1)(b) designed to ensure a safe connection between the electric grid and the vehicle. See Utah Code 57-8a-801
• CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
• Common areas: means property that the association:
       (5)(a) owns;
       (5)(b) maintains;
       (5)(c) repairs; or
       (5)(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
• Compendia: means resources widely accepted by the medical profession in the efficacious use of drugs, including "American Hospital Formulary Service Drug Information" "U. See Utah Code 26B-3-301
• 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.
• Counseling: means the activities conducted by a pharmacist to inform Medicaid recipients about the proper use of drugs, as required by the board under this part. See Utah Code 26B-3-301
• 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}
• Criteria: means those predetermined and explicitly accepted elements used to measure drug use on an ongoing basis in order to determine if the use is appropriate, medically necessary, and not likely to result in adverse medical outcomes. See Utah Code 26B-3-301
• 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.
• Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
• 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
• Drug-disease contraindications: means that the therapeutic effect of a drug is adversely altered by the presence of another disease condition. See Utah Code 26B-3-301
• DUR: means the program designed to measure and assess, on a retrospective and prospective basis, the proper use of outpatient drugs in the Medicaid program. See Utah Code 26B-3-301
• Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8a-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8a-102
• General electrical contractor: means the same as that term is defined in Section 58-55-102. See Utah Code 57-8a-801
• Governing documents: includes :
            (11)(b)(i) articles of incorporation;
            (11)(b)(ii) bylaws;
            (11)(b)(iii) a plat;
            (11)(b)(iv) a declaration of covenants, conditions, and restrictions; and
            (11)(b)(v) rules of the association. See Utah Code 57-8a-102
• Grantor: The person who establishes a trust and places property into it.
• 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}
• Independent third party: means a person that:
       (12)(a) is not related to the owner of the residential lot;
       (12)(b) shares no pecuniary interests with the owner of the residential lot; and
       (12)(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
• Intellectual disability: means a significant, subaverage general intellectual functioning that:
       (16)(a) exists concurrently with deficits in adaptive behavior; and
       (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
• 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}
• Intervention: means a form of communication utilized by the board with a prescriber or pharmacist to inform about or influence prescribing or dispensing practices. See Utah Code 26B-3-301
• Judicial foreclosure: means a foreclosure of a lot:
       (13)(a) for the nonpayment of an assessment;
       (13)(b) in the manner provided by law for the foreclosure of a mortgage on real property; and
       (13)(c) as provided in Part 3, Collection of Assessments. 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 :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• 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}
• leasing: means regular, exclusive occupancy of a lot:
       (14)(a) by a person or persons other than the owner; and
       (14)(b) for which the owner receives a consideration or benefit, including a fee, service, gratuity, or emolument. See Utah Code 57-8a-102
• 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.
• 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 :
       (16)(a) a lot, parcel, plot, or other division of land:

            (16)(a)(i) designated for separate ownership or occupancy; and

            (16)(a)(ii)

                 (16)(a)(ii)(A) shown on a recorded subdivision plat; or

                 (16)(a)(ii)(B) the boundaries of which are described in a recorded governing document; or
       (16)(b)

            (16)(b)(i) a unit in a condominium association if the condominium association is a part of a development; or

            (16)(b)(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 :
            (17)(b)(i) web conferencing;
            (17)(b)(ii) video conferencing; and
            (17)(b)(iii) telephone conferencing. See Utah Code 57-8a-102
• Medicaid certification: means the right of a nursing care facility, as a provider of a nursing care facility program, to receive Medicaid reimbursement for a specified number of beds within the facility. See Utah Code 26B-3-301
• Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101
• member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101
• Mixed-use project: means a project under this chapter that has both residential and commercial lots in the project. See Utah Code 57-8a-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonjudicial foreclosure: means the sale of a lot:
       (19)(a) for the nonpayment of an assessment;
       (19)(b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
       (19)(c) as provided in Part 3, Collection of Assessments. See Utah Code 57-8a-102
• Nursing care facility: means the following facilities licensed by the department under Chapter 2, Part 2, Health Care Facility Licensing and Inspection:
            (12)(a)(i) skilled nursing facilities;
            (12)(a)(ii) intermediate care facilities; and
            (12)(a)(iii) an intermediate care facility for people with an intellectual disability. See Utah Code 26B-3-301
• Nursing care facility program: means the personnel, licenses, services, contracts, and all other requirements that shall be met for a nursing care facility to be eligible for Medicaid certification under this part and division rule. See Utah Code 26B-3-301
• 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.
• 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:
       (20)(a) appoint or remove members of the association's board of directors; or
       (20)(b) exercise power or authority assigned to the association under the association's governing documents. See Utah Code 57-8a-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Pharmacist: means a person licensed in this state to engage in the practice of pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act. See Utah Code 26B-3-301
• Physician: means a person licensed in this state to practice medicine and surgery under Section 58-67-301 or osteopathic medicine under Section 58-68-301. See Utah Code 26B-3-301
• Political sign: means any sign or document that advocates:
       (21)(a) the election or defeat of a candidate for public office; or
       (21)(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 Utah Code 57-8a-102
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• reasonably available: means available using typical insurance carriers and markets, irrespective of the ability of the association to pay. See Utah Code 57-8a-401
• Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• rental lot: means :
       (23)(a) a lot that:

            (23)(a)(i) is not owned by an entity or trust; and

            (23)(a)(ii) is occupied by an individual while the lot owner is not occupying the lot as the lot owner's primary residence;
       (23)(b) an occupied lot owned by an entity or trust, regardless of who occupies the lot; or
       (23)(c) an internal accessory dwelling unit as defined in Section 10-9a-530 or 17-27a-526. See Utah Code 57-8a-102
• Residential electrical contractor: means the same as that term is defined in Section 58-55-102. See Utah Code 57-8a-801
• 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:
            (25)(a)(i) is not set forth in a contract, easement, article of incorporation, bylaw, or declaration; and
            (25)(a)(ii) governs:

                 (25)(a)(ii)(A) the conduct of persons; or

                 (25)(a)(ii)(B) the use, quality, type, design, or appearance of real property or personal property. See Utah Code 57-8a-102
• Rural county: means a county with a population of less than 50,000, as determined by:
       (20)(a) the most recent official census or census estimate of the United States Bureau of the Census; or
       (20)(b) the most recent population estimate for the county from the Utah Population Committee, if a population figure for the county is not available under Subsection (20)(a). See Utah Code 26B-3-301
• Sex offender: means the same as that term is defined in Section Utah Code 57-8a-102
• Solar energy system: means :
       (27)(a) a system that is used to produce electric energy from sunlight; and
       (27)(b) the components of the system described in Subsection (27)(a). See Utah Code 57-8a-102
• Standards: means the acceptable range of deviation from the criteria that reflects local medical practice and that is tested on the Medicaid recipient database. See Utah Code 26B-3-301
• 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.
• SURS: means the Surveillance Utilization Review System of the Medicaid program. See Utah Code 26B-3-301
• Therapeutic appropriateness: means drug prescribing and dispensing based on rational drug therapy that is consistent with criteria and standards. See Utah Code 26B-3-301
• Therapeutic duplication: means prescribing and dispensing the same drug or two or more drugs from the same therapeutic class where periods of drug administration overlap and where that practice is not medically indicated. See Utah Code 26B-3-301
• 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.
• underutilization: means the use of a drug in such quantities that the desired therapeutic goal is not achieved. See Utah Code 26B-3-301
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. 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.
• Woman: means an adult human female. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5