(1) Except as provided in Subsection (2), this part applies to a declaration or official association action regardless of when the declaration was recorded or the official association action was taken.

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Terms Used In Utah Code 57-8a-703

  • 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
  • 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
  • Solar energy system: means :
         (27)(a) a system that is used to produce electric energy from sunlight; and
         (27)(b) the components of the system described in Subsection (27)(a). See Utah Code 57-8a-102
(2) This part does not apply to an express prohibition or an express restriction on a lot owner’s installation of a solar energy system:

     (2)(a) described in a declaration recorded before January 1, 2017; or
     (2)(b) created by official association action taken before January 1, 2017.
(3) This part does not apply during the period of administrative control.