This is a historical version of this section. See bottom of page for effective date.
Superseded.
57-8a-212 (Superseded 07/01/14). Content
of a declaration. ![]()
(1) An initial declaration
recorded on or after May 10, 2011 shall contain:
(a) the name of the project;
(b) the name of the association;
(c) a statement that the project is not a cooperative;
(d) a statement indicating any portions of the project
that contain condominiums governed by Chapter 8, Condominium Ownership Act;
(e) if the declarant desires to reserve the option to
expand the project, a statement reserving the option to expand the project;
(f) the name of each county in which any part of the
project is located;
(g) a legally sufficient description of the real
estate included in the project;
(h) a description of any limited common areas and any
real estate that is or is required to become common areas;
(i) any restriction on the alienation of a lot,
including a restriction on leasing; and
(j) (i) an appointment of a trustee who qualifies
under Subsection 57-1-21(1)(a)(i)
or (iv); and
(ii) the
following statement: "The declarant hereby conveys and warrants pursuant
to U.C.A. Sections 57-1-20 and 57-8a-402 to
(name of trustee), with power of sale, the lot and all improvements to the lot
for the purpose of securing payment of assessments under the terms of the
declaration."
(2) A declaration may
contain any other information the declarant considers appropriate, including
any restriction on the use of a lot, the number of persons who may occupy a lot,
or other qualifications of a person who may occupy a lot.
(3) The location of a
limited common area or real estate described in Subsection (1)(g) may be shown
on a subdivision plat.
Enacted by Chapter 355, 2011
General Session