Terms Used In Utah Code > Title 57 > Chapter 8 - Condominium Ownership Act

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means any person who requests assistance under the medical programs of the state. See Utah Code 26B-3-101
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assessment: means any charge imposed by the association, including:
       (1)(a) common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and
       (1)(b) an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• association: means all of the unit owners:
       (2)(a) acting as a group in accordance with the declaration and bylaws; or
       (2)(b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
• Certificate: means a residential child care certificate issued by the office. See Utah Code 26B-2-701
• Certification: means an approval to operate in compliance with local or federal requirements or regulations, completed by the office or on behalf of the office for a local or federal agency. See Utah Code 26B-2-701
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Client: means an individual, resident, or patient who receives services from a provider. See Utah Code 26B-2-701
• CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
• Commercial condominium project: means a condominium project that has no residential units within the project. See Utah Code 57-8-3
• Common expenses: means :
       (6)(a) all sums lawfully assessed against the unit owners;
       (6)(b) expenses of administration, maintenance, repair, or replacement of the common areas and facilities;
       (6)(c) expenses agreed upon as common expenses by the association of unit owners; and
       (6)(d) expenses declared common expenses by this chapter, or by the declaration or the bylaws. See Utah Code 57-8-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Condominium: means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. See Utah Code 57-8-3
• Condominium plat: means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. See Utah Code 57-8-3
• Condominium project: means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. See Utah Code 57-8-3
• Condominium unit: means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. See Utah Code 57-8-3
• Contract: A legal written agreement that becomes binding when signed.
• Contractible condominium: means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this chapter. See Utah Code 57-8-3
• Convertible land: means a building site which is a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this chapter. See Utah Code 57-8-3
• Convertible space: means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. See Utah Code 57-8-3
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Declarant: means all persons who execute the declaration or on whose behalf the declaration is executed. See Utah Code 57-8-3
• Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• Diagnostic mammography: means mammography performed on a woman having suspected breast cancer. See Utah Code 26B-2-601
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
• Docket: A log containing brief entries of court proceedings.
• Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
• Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Expandable condominium: means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this chapter. See Utah Code 57-8-3
• Facility: means a facility that provides screening or diagnostic breast mammography services. See Utah Code 26B-2-601
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
• Grantor: The person who establishes a trust and places property into it.
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent third party: means a person that:
       (21)(a) is not related to the unit owner;
       (21)(b) shares no pecuniary interests with the unit owner; and
       (21)(c) purchases the unit in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8-3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Inter vivos: Transfer of property from one living person to another living person.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Judicial foreclosure: means a foreclosure of a unit:
       (22)(a) for the nonpayment of an assessment;
       (22)(b) in the manner provided by law for the foreclosure of a mortgage on real property; and
       (22)(c) as provided in this chapter. See Utah Code 57-8-3
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Leasehold condominium: means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. See Utah Code 57-8-3
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Limited common areas and facilities: means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. See Utah Code 57-8-3
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
• Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3
• Management committee meeting: means a gathering of a management committee, whether in person or by means of electronic communication, at which the management committee can take binding action. See Utah Code 57-8-3
• Means of electronic communication: includes :
            (28)(b)(i) web conferencing;
            (28)(b)(ii) video conferencing; and
            (28)(b)(iii) telephone conferencing. See Utah Code 57-8-3
• Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101
• Medical assistance: means services furnished or payments made to or on behalf of a member. See Utah Code 26B-3-101
• member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101
• Mixed-use condominium project: means a condominium project that has both residential and commercial units in the condominium project. See Utah Code 57-8-3
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Nonjudicial foreclosure: means the sale of a unit:
       (30)(a) for the nonpayment of an assessment;
       (30)(b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
       (30)(c) as provided in this chapter. See Utah Code 57-8-3
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Par value: means a number of dollars or points assigned to each unit by the declaration. See Utah Code 57-8-3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Passenger vehicle: means a self-propelled, two-axle vehicle intended primarily for operation on highways and used by an applicant or recipient to meet basic transportation needs and has a fair market value below 40% of the applicable amount of the federal luxury passenger automobile tax established in 26 U. See Utah Code 26B-3-101
• Period of administrative control: means the period of control described in Subsection Utah Code 57-8-3
• Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See Utah Code 57-8-3
• 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
• Political sign: means any sign or document that advocates:
       (34)(a) the election or defeat of a candidate for public office; or
       (34)(b) the approval or defeat of a ballot proposition. See Utah Code 57-8-3
• PPACA: means the same as that term is defined in Section 31A-1-301. See Utah Code 26B-3-101
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Program or facility: means the settings, activities, services, procedures, and premises used by a provider to provide services regulated by the department. See Utah Code 26B-2-701
• Property: means the land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Utah Code 57-8-3
• Protected area: means the same as that term is defined in Section Utah Code 57-8-3
• Provider: means a license holder, certificate holder, or legally responsible person that provides services regulated by the department. See Utah Code 26B-2-701
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• rental unit: means :
       (38)(a) a unit that:

            (38)(a)(i) is not owned by an entity or trust; and

            (38)(a)(ii) is occupied by an individual while the unit owner is not occupying the unit as the unit owner's primary residence; or
       (38)(b) an occupied unit owned by an entity or trust, regardless of who occupies the unit. See Utah Code 57-8-3
• Service of process: The service of writs or summonses to the appropriate party.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Size: means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the record of survey map and rounded off to a whole number. See Utah Code 57-8-3
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Time period unit: means an annually recurring part or parts of a year specified in the declaration as a period for which a unit is separately owned and includes a timeshare estate as defined in Section 57-19-2. See Utah Code 57-8-3
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Unconstructed unit: means a unit that:
       (41)(a) is intended, as depicted in the condominium plat, to be fully or partially contained in a building; and
       (41)(b) is not constructed. See Utah Code 57-8-3
• Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3
• Unit number: means the number, letter, or combination of numbers and letters designating the unit in the declaration and in the record of survey map. See Utah Code 57-8-3
• Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. See Utah Code 57-8-3
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Water wise landscaping: means :
       (45)(a) installation of plant materials, suited to the microclimate and soil conditions, that can:

            (45)(a)(i) remain healthy with minimal irrigation once established; or

            (45)(a)(ii) be maintained without the use of overhead spray irrigation;
       (45)(b) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or
       (45)(c) use of other landscape design features that:

            (45)(c)(i) minimize the landscape's need for supplemental water from irrigation;

            (45)(c)(ii) reduce the landscape area dedicated to lawn or turf; or

            (45)(c)(iii) encourage vegetative coverage. See Utah Code 57-8-3
• Water wise plant material: means a plant material suited to water wise landscaping. See Utah Code 57-8-3
• Woman: means an adult human female. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5