(1) The rule against perpetuities and the rule against unreasonable restraints on alienation of real estate may not defeat a provision of a governing document.

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Terms Used In Utah Code 57-8a-108

  • Common areas: means property that the association:
         (5)(a) owns;
         (5)(b) maintains;
         (5)(c) repairs; or
         (5)(d) administers. See Utah Code 57-8a-102
  • 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
  • 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
  • Rule: means a policy, guideline, restriction, procedure, or regulation of an association that:
              (25)(a)(i) is not set forth in a contract, easement, article of incorporation, bylaw, or declaration; and
              (25)(a)(ii) governs:
                   (25)(a)(ii)(A) the conduct of persons; or
                   (25)(a)(ii)(B) the use, quality, type, design, or appearance of real property or personal property. See Utah Code 57-8a-102
(2)

     (2)(a) A declaration that fails to comply with this chapter does not render a title to a lot and common areas unmarketable or otherwise affect the title if the failure is insubstantial.
     (2)(b) This chapter does not affect whether a substantial failure impairs marketability.