Utah Code 57-8a-224. Responsibility for the maintenance, repair, and replacement of common areas and lots
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(1) As used in this section:
Terms Used In Utah Code 57-8a-224
- 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- 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- Period of administrative control: means the period during which the person who filed the association's governing documents or the person's successor in interest retains authority to:
(20)(a) appoint or remove members of the association's board of directors; or(20)(b) exercise power or authority assigned to the association under the association's governing documents. See Utah Code 57-8a-102(1)(a) “Emergency repair” means a repair that, if not made in a timely manner, will likely result in immediate and substantial damage to a common area or to another lot.(1)(b) “Reasonable notice” means:(1)(b)(i) written notice that is hand delivered to the lot at least 24 hours before the proposed entry; or(1)(b)(ii) in the case of an emergency repair, notice that is reasonable under the circumstances.(2) Except as otherwise provided in the declaration or Part 4, Insurance:(2)(a) an association is responsible for the maintenance, repair, and replacement of common areas; and(2)(b) a lot owner is responsible for the maintenance, repair, and replacement of the lot owner’s lot.(3) After reasonable notice to the occupant of the lot being entered, the board may access a lot:(3)(a) from time to time during reasonable hours, as necessary for the maintenance, repair, or replacement of any of the common areas; or(3)(b) for making an emergency repair.(4)(4)(a) An association is liable to repair damage it causes to the common areas or to a lot the association uses to access the common areas.(4)(b) An association shall repair damage described in Subsection (4)(a) within a time that is reasonable under the circumstances.(5) Subsections (2), (3), and (4) do not apply during the period of administrative control.