This is a historical version of this section. See bottom of page for enacting and amending history.
Effective July 1, 2014.
Superseded March 23, 2016.
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.
(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, eff. July 1, 2014.