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-502. Period
of administrative control.
(1) Unless otherwise provided for in a declaration, a period
of administrative control terminates on the first to occur of the following:
(a) 60 days after
75% of the lots that may be created are conveyed to lot owners other than a
declarant;
(b) seven years
after all declarants have ceased to offer lots for sale in the ordinary course
of business; or
(c) the day the
declarant, after giving written notice to the lot owners, records an instrument
voluntarily surrendering all rights to control activities of the association.
(2)(a) A declarant may voluntarily surrender the right to
appoint and remove a member of the board before the period of administrative
control terminates under Subsection (1).
(b) Subject to
Subsection (2)(a), the declarant may require, for the duration of the period of
administrative control, that actions of the association or board, as specified
in a recorded instrument executed by the declarant, be approved by the
declarant before they become effective.
(c) During a
period of administrative control, except as provided in Subsection (2)(a), a
declarant may appoint the declarant's officers, employees, or agents as members
of the board.
(3)(a) Upon termination of the period of administrative
control, the lot owners shall elect a board consisting of an odd number of at
least three members, a majority of whom shall be lot owners.
(b) Unless the
declaration provides for the election of officers by the lot owners, the board
shall elect officers of the association.
(c) The board members and officers shall take office upon election or appointment.
Enacted 2013, ch. 152. Amended 2016, eff. March 23, 2016.