57-8-13.14. Easement rights - Sales offices and model
units - Damage to property.
(1) Subject to any restrictions and limitations the
declaration may specify, the declarant shall have a transferable easement over
and on the common areas and facilities for the purpose of making improvements
on the land within the project or on any additional land under the declaration
and this act, and for the purpose of doing all things reasonably necessary and
proper in connection with the same.
(2) The declarant and his duly authorized agents,
representatives, and employees may maintain sales offices or model units on the
land within the project if the declaration provides for the same and specifies
the rights of the declarant about the number, size, location, and relocation of
them. Any sales office or model unit which is not designated a unit by the
declaration shall become a common area and facility as soon as the declarant
ceases to be a unit owner, and the declarant shall cease to have any rights
concerning it unless the sales office or model unit is removed immediately from
the land included within the project in accordance with a right reserved in the
declaration to make this removal.
(3) To the extent that damage is inflicted on any part of the condominium project by any person or persons utilizing the easements reserved by the declaration or created by Subsections (1) and (2) of this section, the declarant, together with the person or persons causing the same, shall be jointly and severally liable for the prompt repair of the damage and for the restoration of the same to a condition compatible with the remainder of the condominium project.
Enacted by Chapter 173, 1975 General Session