(1) A director shall be:

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Terms Used In Utah Code 57-8a-501

  • 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
  • Director: means a member of the board of directors. See Utah Code 57-8a-102
  • 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
  • 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
  • Sex offender: means the same as that term is defined in Section Utah Code 57-8a-102
  • 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
     (1)(a) a natural person; and
     (1)(b) 18 years old or older.
(2) An association‘s bylaws may prescribe other qualifications for directors in addition to the requirements described in Subsection (1).
(3) Without limiting the qualifications an association prescribes under Subsection (2), an association may, through governing documents or the board‘s internal procedures, disqualify an individual from serving as a director because the individual:

     (3)(a) has been convicted of a felony; or
     (3)(b) is a sex offender.
(4) A director need not be a resident of this state or a unit owner in the association unless required by the association’s bylaws.
(5) Except as limited in a declaration, the association bylaws, or other provisions of this chapter, a board acts in all instances on behalf of the association.