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Terms Used In Utah Code 57-8-50

  • Assessment: means any charge imposed by the association, including:
         (1)(a) common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and
         (1)(b) an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3
  • association: means all of the unit owners:
         (2)(a) acting as a group in accordance with the declaration and bylaws; or
         (2)(b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Nonjudicial foreclosure: means the sale of a unit:
         (30)(a) for the nonpayment of an assessment;
         (30)(b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
         (30)(c) as provided in this chapter. See Utah Code 57-8-3
  • Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3

     An association of unit owners need not pursue a judicial foreclosure or nonjudicial foreclosure to collect an unpaid assessment but may file an action to recover a money judgment for the unpaid assessment without waiving the lien under Section 57-8-44.