Utah Code 57-8a-104. Limitation on requirements for amending governing documents — Limitation on contracts
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Terms Used In Utah Code 57-8a-104
- 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.
- 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
- board: means the entity, regardless of name, with primary authority to manage the affairs of the association. See Utah Code 57-8a-102
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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- Lien: A claim against real or personal property in satisfaction of a debt.
- 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- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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(1)(a)(1)(a)(i) To amend the governing documents, the governing documents may not require:(1)(a)(i)(A) for an amendment adopted after the period of administrative control, the vote or approval of lot owners with more than 67% of the voting interests;(1)(a)(i)(B) the approval of any specific lot owner; or(1)(a)(i)(C) the vote or approval of lien holders holding more than 67% of the first position security interests secured by a mortgage or trust deed in the association.(1)(a)(ii) Any provision in the governing documents that prohibits a vote or approval to amend any part of the governing documents during a particular time period is invalid.(1)(b) Subsection (1)(a) does not apply to an amendment affecting only:(1)(b)(i) lot boundaries; or(1)(b)(ii) lot owner’s voting rights.(2)(2)(a) A contract for services such as garbage collection, maintenance, lawn care, or snow removal executed on behalf of the association during a period of administrative control is binding beyond the period of administrative control unless terminated by the board of directors after the period of administrative control ends.(2)(b) Subsection (2)(a) does not apply to golf course and amenity management, utilities, cable services, and other similar services that require an investment of infrastructure or capital.(3) Voting interests under Subsection (1) are calculated in the manner required by the governing documents.(4) Nothing in this section affects any other rights reserved by the person who filed the association’s original governing documents or a successor in interest.(5) This section applies to an association regardless of when the association is created.