Condominium Ownership Act
Utah Code Title 57, Chapter 8
Click here for the current Condominium Ownership Act.
The below is not updated with new changes to the law after 2018!
57-8-56. Association of unit owners' right to pay delinquent utilities.
(1) Upon request in accordance with Subsection (2), at least
10 days before the day on which an electrical corporation or a gas corporation
discontinues service to a unit, the electrical corporation or gas corporation
shall give the association of unit owners:
(a) written notice that the
electrical corporation or gas corporation will discontinue service to the unit;
and
(b) an opportunity to pay any
delinquent charges and maintain service to the unit.
(2) An association of unit owners may request the notice and
opportunity to pay described in Subsection (1) by sending a written request to
the electrical corporation or gas corporation that includes:
(a) the address of each unit in the
association of unit owners;
(b) the association of unit owners'
name, mailing address, phone number, and email address; and
(c) the address where the electrical
corporation or gas corporation may send notices.
(3) If, after an electrical corporation or a gas corporation
sends a written notice described in Subsection (1) to an association of unit
owners and the association of unit owners does not pay the delinquent charges
within 10 days after the day on which the electrical corporation or gas
corporation sends the notice, the electrical corporation or gas corporation may
discontinue service to the unit.
(4) An association of unit owners may collect any payment to
an electrical corporation or a gas corporation under this section as an
assessment in accordance with Section
(5)(a) If, after an association of unit owners receives a
written notice described in Subsection (1), the association of unit owners
decides not to pay the delinquent charges, the association of unit owners may,
if permitted by the association of unit owners' governing documents, and after
reasonable notice to the unit owner:
(i) enter the unit; and
(ii) winterize the unit.
(b) A person who enters a unit in
accordance with Subsection (5)(a) is not liable for trespass.
(c)An association of unit owners may
charge a unit owner an assessment for the actual and reasonable costs of
winterizing a unit in accordance with this Subsection (5).
Enacted 2015, ch. 213, eff. May 12, 2015.