Utah Code 57-8a-225. Association’s right to pay delinquent utilities
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(1) Upon request in accordance with Subsection (2), at least 10 days before the day on which an electrical corporation or a gas corporation discontinues service to a lot, the electrical corporation or gas corporation shall give the association:
Terms Used In Utah Code 57-8a-225
- 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- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Electrical corporation: means the same as that term is defined in Section
54-2-1 . See Utah Code 57-8a-102- Gas corporation: means the same as that term is defined in Section
54-2-1 . 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- 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- 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(1)(a) written notice that the electrical corporation or gas corporation will discontinue service to the lot; and(1)(b) an opportunity to pay any delinquent charges and maintain service to the lot.(2) An association may request the notice and opportunity to pay described in Subsection (1) by sending a written request to the electrical corporation or gas corporation that includes:(2)(a) the address of each lot in the association;(2)(b) the association’s name, mailing address, phone number, and email address; and(2)(c) the address where the electrical corporation or gas corporation may send notices.(3) If, after an electrical corporation or a gas corporation sends a written notice described in Subsection (1) to an association and the association does not pay the delinquent charges within 10 days after the day on which the electrical corporation or gas corporation sends the notice, the electrical corporation or gas corporation may discontinue service to the lot.(4) An association may collect any payment to an electrical corporation or a gas corporation under this section as an assessment in accordance with Section 57-8a-301.(5)(5)(a) If, after an association receives a written notice described in Subsection (1), the association decides not to pay the delinquent charges, the association may, if permitted by the association’s governing documents, and after reasonable notice to the lot owner:(5)(a)(i) enter the lot; and(5)(a)(ii) winterize the lot.(5)(b) A person who enters a lot in accordance with Subsection (5)(a) is not liable for trespass.(5)(c) An association may charge a lot owner an assessment for the actual and reasonable costs of winterizing a lot in accordance with this Subsection (5). - association: means a corporation or other legal entity, any member of which: