Utah Code 57-8a-502. Period of administrative control
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(1) Unless otherwise provided for in a declaration, a period of administrative control terminates on the first to occur of the following:
Terms Used In Utah Code 57-8a-502
- 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
- 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- 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(1)(a) 60 days after 75% of the lots that may be created are conveyed to lot owners other than a declarant;(1)(b) seven years after all declarants have ceased to offer lots for sale in the ordinary course of business; or(1)(c) the day the declarant, after giving written notice to the lot owners, records an instrument voluntarily surrendering all rights to control activities of the association.(2)(2)(a) A declarant may voluntarily surrender the right to appoint and remove a member of the board before the period of administrative control terminates under Subsection (1).(2)(b) Subject to Subsection (2)(a), the declarant may require, for the duration of the period of administrative control, that actions of the association or board, as specified in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.(2)(c) During a period of administrative control, except as provided in Subsection (2)(a), a declarant may appoint the declarant’s officers, employees, or agents as members of the board.(3)(3)(a) Upon termination of the period of administrative control, the lot owners shall elect a board consisting of an odd number of at least three members, a majority of whom shall be lot owners.(3)(b) Unless the declaration provides for the election of officers by the lot owners, the board shall elect officers of the association.(3)(c) The board members and officers shall take office upon election or appointment.