STATE STATUTES & CODES
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UTAH STATUTES AND CODES
57-8-16.5 - Appointment and removal of committee members and association officers -- Renewal or ratification of contracts -- Failure to establish association or committee.
57-8-16.5. Appointment and removal of committee members and associationofficers -- Renewal or ratification of contracts -- Failure to establish association orcommittee.
(1) The declaration may authorize the declarant, or a managing agent or some otherperson or persons selected or to be selected by the declarant, to appoint and remove some or all ofthe members of the management committee or some or all of the officers of the unit owners'association, or to exercise powers and responsibilities otherwise assigned by the declaration andby this act to the unit owners' association, its officers, or the management committee. Noamendment to the declaration not consented to by all unit owners shall increase the scope of thisauthorization, and no such authorization shall be valid after the first to occur of the following:
(a) expiration of the time limit set by the declaration, which shall not exceed six years inthe case of an expandable condominium, four years in the case of a condominium projectcontaining any convertible land, or three years in the case of any other condominium project; or
(b) after units to which three-fourths of the undivided interest in the common areas andfacilities appertain have been conveyed, or after all additional land has been added to the projectand all convertible land has been converted, whichever last occurs.
(2) If entered into during the period of control contemplated by Subsection (1), nomanagement contract, lease of recreational areas or facilities, or any other contract or leasedesigned to benefit the declarant which was executed by or on behalf of the unit owners'association or the unit owners as a group shall be binding after such period of control unless thenrenewed or ratified by the consent of unit owners of units to which a majority of the votes in theunit owners' association appertains.
(3) If the unit owners' association or management committee is not in existence or doesnot have officers at the time of the creation of a condominium project, the declarant shall, untilthere is an association or management committee with these officers, have the power andresponsibility to act in all instances where this act or the declaration requires action by the unitowners' association, the management committee, or any of the officers of them.
(4) This section shall be strictly construed to protect the rights of the unit owners.
(1) The declaration may authorize the declarant, or a managing agent or some otherperson or persons selected or to be selected by the declarant, to appoint and remove some or all ofthe members of the management committee or some or all of the officers of the unit owners'association, or to exercise powers and responsibilities otherwise assigned by the declaration andby this act to the unit owners' association, its officers, or the management committee. Noamendment to the declaration not consented to by all unit owners shall increase the scope of thisauthorization, and no such authorization shall be valid after the first to occur of the following:
(a) expiration of the time limit set by the declaration, which shall not exceed six years inthe case of an expandable condominium, four years in the case of a condominium projectcontaining any convertible land, or three years in the case of any other condominium project; or
(b) after units to which three-fourths of the undivided interest in the common areas andfacilities appertain have been conveyed, or after all additional land has been added to the projectand all convertible land has been converted, whichever last occurs.
(2) If entered into during the period of control contemplated by Subsection (1), nomanagement contract, lease of recreational areas or facilities, or any other contract or leasedesigned to benefit the declarant which was executed by or on behalf of the unit owners'association or the unit owners as a group shall be binding after such period of control unless thenrenewed or ratified by the consent of unit owners of units to which a majority of the votes in theunit owners' association appertains.
(3) If the unit owners' association or management committee is not in existence or doesnot have officers at the time of the creation of a condominium project, the declarant shall, untilthere is an association or management committee with these officers, have the power andresponsibility to act in all instances where this act or the declaration requires action by the unitowners' association, the management committee, or any of the officers of them.
(4) This section shall be strictly construed to protect the rights of the unit owners.
Enacted by Chapter 173, 1975 General Session
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