57-8-7.2. Scope -- Designation of certain areas.
(1) Unless otherwise provided in the declaration, this section applies to a unit if the declaration designates a wall, floor, or ceiling as a boundary of the unit.
(2) (a) The following are part of a unit:
(x) finished flooring; and
(xi) any other material constituting part of the finished surface of a wall, floor, or ceiling.
(b) Any portion of a wall, floor, or ceiling not listed in Subsection (2)(a) is part of the common areas and facilities.
(3) If a chute, flue, duct, wire, conduit, bearing wall,
bearing column, or any other fixture lies partially within and partially
outside the designated boundaries of a unit:
(a) any portion of an item described in this Subsection (3) serving only that unit is part of the limited common areas and facilities; and
(b) any portion of an item described in this Subsection (3) is part of the common areas and facilities if the item serves:
(i) more than one unit; or
(ii) any portion of the common areas and facilities.
(4) Subject to Subsection (3), the following within the
boundaries of a unit are part of the unit:
(b) interior partitions; and
(c) other fixtures and improvements.
(5) The following, if designated to serve a single unit but
located outside the unit's boundaries, are limited common areas and facilities
allocated exclusively to a unit:
(a) a shutter;
(b) an awning;
(c) a window box;
(d) a doorstep;
(e) a stoop;
(f) a porch;
(g) a balcony;
(h) a patio;
(i) an exterior door;
(j) an exterior window; and
(k) any other fixture.
Enacted by Chapter 290, 2004 General Session