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Community Association Act

Utah Code Title 57, Chapter 8a

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The below is not updated with new changes to the law after 2018!

57-8a-402.   Applicability of part.  

(1) This partfn1 applies to an insurance policy or combination of insurance policies:
     (a) issued or renewed on or after July 1, 2011; and
     (b) issued to or renewed by:
            (i) a lot owner; or
            (ii) an association, regardless of when the association is formed.

(2) Unless otherwise provided in the declaration, this part does not apply to a project if all of the project's lots are restricted to entirely nonresidential use.

(3) Subject to Subsection (4), this part does not apply to a project if:
     (a) the initial declaration for the project is recorded before January 1, 2012;
     (b) the project includes attached dwellings; and
     (c) the declaration requires each lot owner to insure the lot owner's dwelling.

(4) (a) An association to which this part does not apply under Subsection (3) may amend the declaration, as provided in the declaration and applicable law, to subject the association to this part.
     (b) During the period of administrative control, an amendment under Subsection (4)(a) requires the consent of the declarant. 

Enacted 2011, ch. 355.  Amended 2013, Ch 152, eff. May 14, 2013.

Footnotes (by Kimble Law PLLC, not part of Utah Code):

FN 1:  What is a "part"?  The Utah Code is divided into titles, chapters, parts, sections and subsections.  This is section 57-8a-402.   The first number before a hyphen indicates the title (Title 57 in this case). The second number indicates the chapter (Chapter 8a). The third number is the section (in this case, 402).  If a chapter is divided into parts, the first number of that third number reflects the part the section is located in.  So, this section (57-8a-402) is located in Part 4 of Chapter 8a of Title 57.  Subsection (1), then, is indicating when Part 4, which currently consists of Sections 401 through 407, applies.