57-8-3 - Definitions. - Utah Statutes

57-8-3. Definitions.
As used in this chapter:
(1) "Assessment" means any charge imposed by the association, including commonexpenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or thischapter.
(2) "Association of unit owners" means all of the unit owners:
(a) acting as a group in accordance with the declaration and bylaws; or
(b) organized as a legal entity in accordance with the declaration.
(3) "Building" means a building, containing units, and comprising a part of the property.
(4) "Common areas and facilities" unless otherwise provided in the declaration or lawfulamendments to the declaration means:
(a) the land included within the condominium project, whether leasehold or in feesimple;
(b) the foundations, columns, girders, beams, supports, main walls, roofs, halls,corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of the building;
(c) the basements, yards, gardens, parking areas, and storage spaces;
(d) the premises for lodging of janitors or persons in charge of the property;
(e) installations of central services such as power, light, gas, hot and cold water, heating,refrigeration, air conditioning, and incinerating;
(f) the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general allapparatus and installations existing for common use;
(g) such community and commercial facilities as may be provided for in the declaration;and
(h) all other parts of the property necessary or convenient to its existence, maintenance,and safety, or normally in common use.
(5) "Common expenses" means:
(a) all sums lawfully assessed against the unit owners;
(b) expenses of administration, maintenance, repair, or replacement of the common areasand facilities;
(c) expenses agreed upon as common expenses by the association of unit owners; and
(d) expenses declared common expenses by this chapter, or by the declaration or thebylaws.
(6) "Common profits," unless otherwise provided in the declaration or lawfulamendments to the declaration, means the balance of all income, rents, profits, and revenuesfrom the common areas and facilities remaining after the deduction of the common expenses.
(7) "Condominium" means the ownership of a single unit in a multiunit project togetherwith an undivided interest in common in the common areas and facilities of the property.
(8) "Condominium plat" means a plat or plats of survey of land and units prepared inaccordance with Section 57-8-13.
(9) "Condominium project" means a real estate condominium project; a plan or projectwhereby two or more units, whether contained in existing or proposed apartments, commercial orindustrial buildings or structures, or otherwise, are separately offered or proposed to be offeredfor sale. Condominium project also means the property when the context so requires.
(10) "Condominium unit" means a unit together with the undivided interest in thecommon areas and facilities appertaining to that unit. Any reference in this chapter to a

condominium unit includes both a physical unit together with its appurtenant undivided interestin the common areas and facilities and a time period unit together with its appurtenant undividedinterest, unless the reference is specifically limited to a time period unit.
(11) "Contractible condominium" means a condominium project from which one or moreportions of the land within the project may be withdrawn in accordance with provisions of thedeclaration and of this chapter. If the withdrawal can occur only by the expiration or terminationof one or more leases, then the condominium project is not a contractible condominium withinthe meaning of this chapter.
(12) "Convertible land" means a building site which is a portion of the common areasand facilities, described by metes and bounds, within which additional units or limited commonareas and facilities may be created in accordance with this chapter.
(13) "Convertible space" means a portion of the structure within the condominiumproject, which portion may be converted into one or more units or common areas and facilities,including limited common areas and facilities in accordance with this chapter.
(14) "Declarant" means all persons who execute the declaration or on whose behalf thedeclaration is executed. From the time of the recordation of any amendment to the declarationexpanding an expandable condominium, all persons who execute that amendment or on whosebehalf that amendment is executed shall also come within this definition. Any successors of thepersons referred to in this subsection who come to stand in the same relation to the condominiumproject as their predecessors also come within this definition.
(15) "Declaration" means the instrument by which the property is submitted to theprovisions of this act, as it from time to time may be lawfully amended.
(16) "Expandable condominium" means a condominium project to which additional landor an interest in it may be added in accordance with the declaration and this chapter.
(17) "Leasehold condominium" means a condominium project in all or any portion ofwhich each unit owner owns an estate for years in his unit, or in the land upon which that unit issituated, or both, with all those leasehold interests to expire naturally at the same time. Acondominium project including leased land, or an interest in the land, upon which no units aresituated or to be situated is not a leasehold condominium within the meaning of this chapter.
(18) "Limited common areas and facilities" means those common areas and facilitiesdesignated in the declaration as reserved for use of a certain unit or units to the exclusion of theother units.
(19) "Majority" or "majority of the unit owners," unless otherwise provided in thedeclaration or lawful amendments to the declaration, means the owners of more than 50% in theaggregate in interest of the undivided ownership of the common areas and facilities.
(20) "Management committee" means the committee as provided in the declarationcharged with and having the responsibility and authority to make and to enforce all of thereasonable rules covering the operation and maintenance of the property.
(21) "Par value" means a number of dollars or points assigned to each unit by thedeclaration. Substantially identical units shall be assigned the same par value, but units locatedat substantially different heights above the ground, or having substantially different views, orhaving substantially different amenities or other characteristics that might result in differences inmarket value, may be considered substantially identical within the meaning of this subsection. Ifpar value is stated in terms of dollars, that statement may not be considered to reflect or controlthe sales price or fair market value of any unit, and no opinion, appraisal, or fair market

transaction at a different figure may affect the par value of any unit, or any undivided interest inthe common areas and facilities, voting rights in the unit owners' association, liability forcommon expenses, or right to common profits, assigned on the basis thereof.
(22) "Person" means an individual, corporation, partnership, association, trustee, or otherlegal entity.
(23) "Property" means the land, whether leasehold or in fee simple, the building, if any,all improvements and structures thereon, all easements, rights, and appurtenances belongingthereto, and all articles of personal property intended for use in connection therewith.
(24) "Record," "recording," "recorded," and "recorder" have the meaning stated in Title57, Chapter 3, Recording of Documents.
(25) "Size" means the number of cubic feet, or the number of square feet of ground orfloor space, within each unit as computed by reference to the record of survey map and roundedoff to a whole number. Certain spaces within the units including attic, basement, or garage spacemay be omitted from the calculation or be partially discounted by the use of a ratio, if the samebasis of calculation is employed for all units in the condominium project and if that basis isdescribed in the declaration.
(26) "Time period unit" means an annually recurring part or parts of a year specified inthe declaration as a period for which a unit is separately owned and includes a timeshare estate asdefined in Subsection 57-19-2(17).
(27) "Unit" means either a separate physical part of the property intended for any type ofindependent use, including one or more rooms or spaces located in one or more floors or part orparts of floors in a building or a time period unit, as the context may require. A convertible spaceshall be treated as a unit in accordance with Subsection 57-8-13.4(3). A proposed condominiumunit under an expandable condominium project, not constructed, is a unit two years after the datethe recording requirements of Section 57-8-13.6 are met.
(28) "Unit number" means the number, letter, or combination of numbers and lettersdesignating the unit in the declaration and in the record of survey map.
(29) "Unit owner" means the person or persons owning a unit in fee simple and anundivided interest in the fee simple estate of the common areas and facilities in the percentagespecified and established in the declaration or, in the case of a leasehold condominium project,the person or persons whose leasehold interest or interests in the condominium unit extend forthe entire balance of the unexpired term or terms.

Amended by Chapter 291, 2008 General Session