Utah Code 57-8-7.2. Scope — Designation of certain areas
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(1) Unless otherwise provided in the declaration, this section applies to a unit if the declaration designates a wall, floor, or ceiling as a boundary of the unit.
Terms Used In Utah Code 57-8-7.2
- Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3
- Limited common areas and facilities: means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. 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
(2)
(2)(a) The following are part of a unit:
(2)(a)(i) lath;
(2)(a)(ii) furring;
(2)(a)(iii) wallboard;
(2)(a)(iv) plasterboard;
(2)(a)(v) plaster;
(2)(a)(vi) paneling;
(2)(a)(vii) tiles;
(2)(a)(viii) wallpaper;
(2)(a)(ix) paint;
(2)(a)(x) finished flooring; and
(2)(a)(xi) any other material constituting part of the finished surface of a wall, floor, or ceiling.
(2)(b) Any portion of a wall, floor, or ceiling not listed in Subsection (2)(a) is part of the common areas and facilities.
(3) If a chute, flue, duct, pipe, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit:
(3)(a) any portion of an item described in this Subsection (3) serving only that unit is part of the limited common areas and facilities; and
(3)(b) any portion of an item described in this Subsection (3) is part of the common areas and facilities if the item serves:
(3)(b)(i) more than one unit; or
(3)(b)(ii) any portion of the common areas and facilities.
(4) Subject to Subsection (3), the following within the boundaries of a unit are part of the unit:
(4)(a) spaces;
(4)(b) interior partitions; and
(4)(c) other fixtures and improvements.
(5) The following, if designated to serve a single unit but located outside the unit’s boundaries, are limited common areas and facilities allocated exclusively to a unit:
(5)(a) a shutter;
(5)(b) an awning;
(5)(c) a window box;
(5)(d) a doorstep;
(5)(e) a stoop;
(5)(f) a porch;
(5)(g) a balcony;
(5)(h) a patio;
(5)(i) an exterior door;
(5)(j) an exterior window; and
(5)(k) any other fixture.