Utah Code 57-8a-213. Board action to enforce governing documents — Parameters
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Terms Used In Utah Code 57-8a-213
- Assessment: includes :(1)(b)(i) a common expense; and(1)(b)(ii) an amount assessed against a lot owner under Subsection
57-8a-405 (7). See Utah Code 57-8a-102- association: means a corporation or other legal entity, any member of which:
(2)(a)(i) is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and(2)(a)(ii) by virtue of membership or ownership of a residential lot is obligated to pay:(2)(a)(ii)(A) real property taxes;(2)(a)(ii)(B) insurance premiums;(2)(a)(ii)(C) maintenance costs; or(2)(a)(ii)(D) for improvement of real property not owned by the member. See Utah Code 57-8a-102- board: means the entity, regardless of name, with primary authority to manage the affairs of the association. See Utah Code 57-8a-102
- Governing documents: includes :
(11)(b)(i) articles of incorporation;(11)(b)(ii) bylaws;(11)(b)(iii) a plat;(11)(b)(iv) a declaration of covenants, conditions, and restrictions; and(11)(b)(v) rules of the association. See Utah Code 57-8a-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- 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(1)(a) The board shall use its reasonable judgment to determine whether to exercise the association‘s powers to impose sanctions or pursue legal action for a violation of the governing documents, including:(1)(a)(i) whether to compromise a claim made by or against the board or the association; and(1)(a)(ii) whether to pursue a claim for an unpaid assessment.(1)(b) The association may not be required to take enforcement action if the board determines, after fair review and acting in good faith and without conflict of interest, that under the particular circumstances:(1)(b)(i) the association’s legal position does not justify taking any or further enforcement action;(1)(b)(ii) the covenant, restriction, or rule in the governing documents is likely to be construed as inconsistent with current law;(1)(b)(iii)(1)(b)(iii)(A) a technical violation has or may have occurred; and(1)(b)(iii)(B) the violation is not material as to a reasonable person or does not justify expending the association’s resources; or(1)(b)(iv) it is not in the association’s best interests to pursue an enforcement action, based upon hardship, expense, or other reasonable criteria.(2) Subject to Subsection(3) , if the board decides under Subsection(1)(b) to forego enforcement, the association is not prevented from later taking enforcement action.(3) The board may not be arbitrary, capricious, or against public policy in taking or not taking enforcement action.(4) This section does not govern whether the association’s action in enforcing a provision of the governing documents constitutes a waiver or modification of that provision. - association: means a corporation or other legal entity, any member of which: