Utah Code 57-8a-232. Sale of common areas
Current as of: 2024 | Check for updates
|
Other versions
(1) Subject to Subsection 10-9a-606 (5) or 17-27a-606 (5), unless otherwise provided in the governing documents, an association may by an affirmative vote of at least 67% of the voting interests of the association, elect to sell, convey, transfer, or otherwise dispose of all or part of the common areas.
Terms Used In Utah Code 57-8a-232
- 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
- 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- 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(2) An affirmative vote described in Subsection (1) is binding upon all lot owners, and each lot owner shall execute and deliver the appropriate instruments and perform all acts as necessary to effect the sale, conveyance, transfer, or other disposition of the common areas.(3) The general easement of ingress, egress, and use of the common areas and facilities granted to an association and lot owners through recorded governing documents is extinguished in any portion of the common areas and facilities the association sells, conveys, transfers, or otherwise disposes of, if:(3)(a) the lot owners, in selling, conveying, transferring, or otherwise disposing of the portion of the common areas, comply with:(3)(a)(i) the provisions of this section; and(3)(a)(ii) Section10-9a-606 or17-27a-606 ; and(3)(b) the sale, conveyance, transfer, or other disposition of the portion of the common areas results in a person other than the association or a lot owner owning the portion of the common areas and facilities.(4) This section applies to an association regardless of when the association is created. - Common areas: means property that the association: