(1) As used in this section:

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Terms Used In Utah Code 57-21-6.1

  • 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.
  • Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 57-21-2
  • Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
  • 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
  • Familial status: means one or more individuals who have not attained the age of 18 years being domiciled with:
              (15)(a)(i) a parent or another person having legal custody of the one or more individuals; or
              (15)(a)(ii) the designee of the parent or other person having custody, with the written permission of the parent or other person. See Utah Code 57-21-2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 57-21-2
  • National origin: means the place of birth of an individual or of any lineal ancestors. See Utah Code 57-21-2
  • Person: includes one or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under the United States Bankruptcy Code, receivers, and fiduciaries. See Utah Code 57-21-2
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • 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.
  • Sex: means gender and includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth. See Utah Code 57-21-2
  • Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 57-21-2
  • Source of income: means the verifiable condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements. See Utah Code 57-21-2
  • 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
     (1)(a) “Association” means the same as that term is defined in Section 57-8-3 or 57-8a-102.
     (1)(b) “Board” means:

          (1)(b)(i) a management committee as defined in Section 57-8-3; or
          (1)(b)(ii) the same as that term is defined in Section 57-8a-102.
     (1)(c) “Governing documents” means the same as that term is defined in Section 57-8-3 or 57-8a-102.
(2) Any provision in a previously recorded written instrument relating to real property that expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity is void.
(3) It is a discriminatory housing practice to enforce a provision described in Subsection (2).
(4) Except as provided in Subsection (5), a person with a fee simple interest in the real property that is subject to the recorded written instrument described in Subsection (2) may record with the county recorder a modification document on the real property in the following form:

     “Any provision in a previously recorded written instrument that expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity is void under Utah Code Section 57-21-6.1.”.

(5)

     (5)(a) If a written instrument described in Subsection (2) is a governing document, an association may, in accordance with this section, amend the association’s governing documents to remove a provision described in Subsection (2).
     (5)(b)

          (5)(b)(i) If an owner believes an association’s governing documents include a provision described in Subsection (2), the owner may submit a written request to remove the provision.
          (5)(b)(ii) Within 90 days after the day on which the board receives a written request, the board:

               (5)(b)(ii)(A) shall investigate a claim that the association’s governing documents include a provision described in Subsection (2); and
               (5)(b)(ii)(B) if the board determines the association’s governing documents include a provision described in Subsection (2), may remove the provision from the governing documents by amending the association’s governing documents through a majority vote of the board, regardless of any contrary provision in the association’s governing documents.
     (5)(c) Any association officer may execute the amendment to remove the provision described in Subsection (2) from the governing documents.
     (5)(d) Notwithstanding any contrary provision in the association’s governing documents, an amendment under this subsection does not require approval of the association’s members.
(6) A provision in a recorded written instrument that is void under this section does not affect the validity of the remainder of the previously recorded written instrument.
(7) An owner who records or causes to be recorded a modification document under Subsection (4) that contains modifications not authorized by this section is solely liable for the recordation.
(8) A county recorder may not charge a fee for recording a modification document under this section.

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