Terms Used In Utah Code > Title 57 > Chapter 8a > Part 2 - Administrative Provisions

• 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.
• 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
• 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}
• board: means the entity, regardless of name, with primary authority to manage the affairs of the association. See Utah Code 57-8a-102
• Board meeting: means a gathering of a board, whether in person or by means of electronic communication, at which the board can take binding action. 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Director: means a member of the board of directors. See Utah Code 57-8a-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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 57-8a-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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
• 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}
• 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
• 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}
• leasing: means regular, exclusive occupancy of a lot:
       (14)(a) by a person or persons other than the owner; and
       (14)(b) for which the owner receives a consideration or benefit, including a fee, service, gratuity, or emolument. See Utah Code 57-8a-102
• 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: means common areas described in the declaration and allocated for the exclusive use of one or more lot owners. See Utah Code 57-8a-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• Means of electronic communication: includes :
            (17)(b)(i) web conferencing;
            (17)(b)(ii) video conferencing; and
            (17)(b)(iii) telephone conferencing. See Utah Code 57-8a-102
• 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.
• 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.
• 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
• 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
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Political sign: means any sign or document that advocates:
       (21)(a) the election or defeat of a candidate for public office; or
       (21)(b) the approval or defeat of a ballot proposition. See Utah Code 57-8a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected area: means the same as that term is defined in Section Utah Code 57-8a-102
• Quorum: The number of legislators that must be present to do business.
• rental lot: means :
       (23)(a) a lot that:

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

            (23)(a)(ii) is occupied by an individual while the lot owner is not occupying the lot as the lot owner's primary residence;
       (23)(b) an occupied lot owned by an entity or trust, regardless of who occupies the lot; or
       (23)(c) an internal accessory dwelling unit as defined in Section 10-9a-530 or 17-27a-526. See Utah Code 57-8a-102
• Residential lot: means a lot, the use of which is limited by law, covenant, or otherwise to primarily residential or recreational purposes. See Utah Code 57-8a-102
• Rule: means a policy, guideline, restriction, procedure, or regulation of an association that:
            (25)(a)(i) is not set forth in a contract, easement, article of incorporation, bylaw, or declaration; and
            (25)(a)(ii) governs:

                 (25)(a)(ii)(A) the conduct of persons; or

                 (25)(a)(ii)(B) the use, quality, type, design, or appearance of real property or personal property. See Utah Code 57-8a-102
• Sex offender: means the same as that term is defined in Section Utah Code 57-8a-102
• 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.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. 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.
• 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