Utah Code 57-8a-222. Removing or altering partition or creating aperture between dwelling units on adjoining lots
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(1) Subject to the declaration, a lot owner may, after acquiring an adjoining lot with a dwelling unit that shares a common wall with a dwelling unit on the lot owner’s lot:
Terms Used In Utah Code 57-8a-222
- 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
- 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- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- 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(1)(a) remove or alter a partition between the lot owner’s lot and the acquired lot, even if the partition is entirely or partly common areas; or(1)(b) create an aperture to the adjoining lot or portion.(2) A lot owner may not take an action under Subsection (1) if the action would:(2)(a) impair the structural integrity or mechanical systems of the building or either lot;(2)(b) reduce the support of any portion of the common areas or another lot; or(2)(c) constitute a violation of Section 10-9a-608 or 17-27a-608, as applicable, a local government land use ordinance, or a building code.(3) The board may require a lot owner to submit, at the lot owner’s expense, a registered professional engineer’s or registered architect’s opinion stating that a proposed change to the lot owner’s lot will not:(3)(a) impair the structural integrity or mechanical systems of the building or either lot;(3)(b) reduce the support or integrity of common areas; or(3)(c) compromise structural components.(4) The board may require a lot owner to pay all of the association‘s legal and other expenses related to a proposed alteration to the lot or building under this section.(5) An action under Subsection (1) does not change an assessment or voting right attributable to the lot owner’s lot or the acquired lot, unless the declaration provides otherwise. - association: means a corporation or other legal entity, any member of which: