57-8a-224. Responsibility for the maintenance, repair, and replacement of common areas and lots.
(1) |
As used in this section:
(a) |
“Emergency repair” means a repair that, if not made in a timely manner, will likely result in immediate and substantial damage to a common area or to another lot. |
(b) |
“Reasonable notice” means:
(i) |
written notice that is hand delivered to the lot at least 24 hours before the proposed entry; or |
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(ii) |
in the case of an emergency repair, notice that is reasonable under the circumstances. |
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(2) |
Except as otherwise provided in the declaration or 4:
(a) |
an association is responsible for the maintenance, repair, and replacement of common areas; and |
(b) |
a lot owner is responsible for the maintenance, repair, and replacement of the lot owner’s lot. |
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(3) |
After reasonable notice to the occupant of the lot being entered, the board may access a lot:
(a) |
from time to time during reasonable hours, as necessary for the maintenance, repair, or replacement of any of the common areas; or |
(b) |
for making an emergency repair. |
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(4) |
(a) |
An association is liable to repair damage it causes to the common areas or to a lot the association uses to access the common areas. |
(b) |
An association shall repair damage described in Subsection (4)(a) within a time that is reasonable under the circumstances. |
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(5) |
Subsections (2), (3), and (4) do not apply during the period of administrative control. |
Amended by Chapter 34, 2015 General Session
Amended by Chapter 325, 2015 General Session
Amended by Chapter 387, 2015 General Session