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!
57-8-7. Common
areas and facilities.
(1) As used in this section:
(a) "Emergency repairs" means any repairs
that, if not made in a timely manner, will likely result in immediate and
substantial damage to the common areas and facilities or to another unit or
units.
(b) "Reasonable notice" means:
(i) written notice that is
hand delivered to the unit at least 24 hours prior to the proposed entry; or
(ii) in the case of emergency
repairs, notice that is reasonable under the circumstances.
(2) Each unit owner shall be entitled to an undivided
interest in the common areas and facilities in the percentages or fractions
expressed in the declaration. The declaration may allocate to each unit an
undivided interest in the common areas and facilities proportionate to either
the size or par value of the unit. Otherwise, the declaration shall allocate to
each unit an equal undivided interest in the common areas and facilities,
subject to the following exception: each convertible space depicted on the
condominium plat shall be allocated an undivided interest in the common areas
and facilities proportionate to the size of the space vis-a-vis the aggregate
size of all units so depicted, while the remaining undivided interest in the
common areas and facilities shall be allocated equally among the other units so
depicted. The undivided interest in the common areas and facilities allocated
in accordance with this Subsection (2) shall add up to one if stated as
fractions or to 100% if stated as percentages. If an equal undivided interest
in the common areas and facilities is allocated to each unit, the declaration
may simply state that fact and need not express the fraction or percentage so
allocated. Otherwise, the undivided interest allocated to each unit shall be
reflected by a table in the declaration, or by an exhibit or schedule accompanying
the declaration and recorded simultaneously with it, containing columns. The
first column shall identify the units, listing them serially or grouping them
together in the case of units to which identical undivided interests are
allocated. Corresponding figures in the second and third columns shall set
forth the respective sizes or par values of those units and the fraction or
percentage of undivided interest in the common areas and facilities allocated
thereto.
(3) Except as otherwise expressly provided by this act, the
undivided interest of each unit owner in the common areas and facilities as
expressed in the declaration shall have a permanent character and shall not be
altered without the consent of two-thirds of the unit owners expressed in an
amended declaration duly recorded. The undivided interest in the common areas
and facilities shall not be separated from the unit to which it appertains and
shall be considered to be conveyed or encumbered or released from liens with
the unit even though such interest is not expressly mentioned or described in
the conveyance or other instrument. A time period unit may not be further
divided into shorter time periods by a conveyance or disclaimer.
(4) The common areas and facilities shall remain undivided and
no unit owner or any other person shall bring any action for partition or
division of any part thereof, unless the property has been removed from the
provisions of this act as provided in Sections 57-8-22 and 57-8-31.
Any covenants to the contrary shall be null and void.
(5) Each unit owner may use the common areas and facilities
in accordance with the purpose for which they were intended without hindering
or encroaching upon the lawful rights of the other unit owners.
(6) The necessary work of maintenance, repair, and
replacement of the common areas and facilities and the making of any additions
or improvements thereon shall be carried out only as provided in this chapter
or in the declaration or bylaws.
(7) Except as otherwise provided in the declaration or
Section 57-8-43:
(a) an association of unit owners is responsible
for the maintenance, repair, and replacement of common areas and facilities;
and
(b) a unit owner is responsible for the
maintenance, repair, and replacement of the unit owner's unit.
(8) After reasonable notice to the occupant of the unit being entered, the
manager or management committee may access a unit:
(a) from time to
time during reasonable hours, as may be necessary for the maintenance, repair,
or replacement of any of the common areas and facilities; or
(b) for making emergency repairs.
(9) (a) An association of unit owners is liable to repair
damage it causes to the common areas and facilities or to a unit the
association of unit owners uses to access the common areas and facilities.
(b) An association of unit owners shall repair
damage described in Subsection (9)(a) within a time that is reasonable under
the circumstances.
Enacted 1963. Amended
1975; 2000, ch. 99, eff. May 1, 2000; 2000, ch. 132, eff. May 1,
2000; 2003, eff. May 5, 2003; 2013, ch. 152, eff. July 1, 2014.