Historical version of code (effective 1975 - March 22, 2016):
57-8-16.5. Appointment and removal of committee members
and association officers -- Renewal or
ratification of contracts -- Failure to
establish association or committee.
(1) The declaration may authorize the declarant, or a
managing agent or some other person or persons selected or to be selected by
the declarant, to appoint and remove some or all of the members of the
management committee or some or all of the officers of the unit owners'
association, or to exercise powers and responsibilities otherwise assigned by
the declaration and by this act to the unit owners' association, its officers,
or the management committee. No amendment to the declaration not consented to
by all unit owners shall increase the scope of this authorization, and no such
authorization shall be valid after the first to occur of the following:
(a) expiration of
the time limit set by the declaration, which shall not exceed six years in the
case of an expandable condominium, four years in the case of a condominium
project containing any convertible land, or three years in the case of any
other condominium project; or
(b) after units
to which three-fourths of the undivided interest in the common areas and
facilities appertain have been conveyed, or after all additional land has been
added to the project and all convertible land has been converted, whichever
last occurs.
(2) If entered into during the period of control
contemplated by Subsection (1), no management contract, lease of recreational
areas or facilities, or any other contract or lease designed to benefit the
declarant which was executed by or on behalf of the unit owners' association or
the unit owners as a group shall be binding after such period of control unless
then renewed or ratified by the consent of unit owners of units to which a
majority of the votes in the unit owners' association appertains.
(3) If the unit owners' association or management committee
is not in existence or does not have officers at the time of the creation of a
condominium project, the declarant shall, until there is an association or
management committee with these officers, have the power and responsibility to
act in all instances where this act or the declaration requires action by the
unit owners' association, the management committee, or any of the officers of
them.
(4) This section shall be strictly construed to protect the
rights of the unit owners.