(1) Subsection 78B-6-901(1) does not apply to an association‘s judicial or nonjudicial foreclosure of a lot under this part.

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Terms Used In Utah Code 57-8a-305

  • 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
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Judicial foreclosure: means a foreclosure of a lot:
         (13)(a) for the nonpayment of an assessment;
         (13)(b) in the manner provided by law for the foreclosure of a mortgage on real property; and
         (13)(c) as provided in Part 3, Collection of Assessments. 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
  • Nonjudicial foreclosure: means the sale of a lot:
         (19)(a) for the nonpayment of an assessment;
         (19)(b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
         (19)(c) as provided in Part 3, Collection of Assessments. See Utah Code 57-8a-102
(2) An association may abandon a judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale and initiate a separate action or another judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale if the initial judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale is not complete.