57-8a-212. Content of a declaration

(1) An initial declaration recorded on or after May 10, 2011 shall contain:
      (a) the name of the project;
      (b) the name of the association;
      (c) a statement that the project is not a cooperative;
      (d) a statement indicating any portions of the project that contain condominiums governed by Chapter 8, Condominium Ownership Act;
      (e) if the declarant desires to reserve the option to expand the project, a statement reserving the option to expand the project;
      (f) the name of each county in which any part of the project is located;
      (g) a legally sufficient description of the real estate included in the project;
      (h) a description of any limited common areas and any real estate that is or is required to become common areas;
      (i) any restriction on the alienation of a lot, including a restriction on leasing;fn1 and
      (j) (i) an appointment of a trustee who qualifies under Subsection  57-1-21(1)(a)(i) or (iv); and
            (ii) the following statement: "The declarant hereby conveys and warrants pursuant to U.C.A. Sections 57-1-20 and 57-8a-302 to (name of trustee), with power of sale, the lot and all improvements to the lot for the purpose of securing payment of assessments under the terms of the declaration."

(2) A declaration may contain any other information the declarant considers appropriate, including any restriction on the use of a lot, the number of persons who may occupy a lot, or other qualifications of a person who may occupy a lot.

(3) The location of a limited common area or real estate described in Subsection (1)(g) may be shown on a subdivision plat.

Enacted 2011, ch. 355. Amended 2013, ch. 152, eff. July 1, 2014 (see line 1294 of SB 90 (2013)).


FN 1.  But see Subsections 57-8a-218(1), (2) and (8) regarding restrictions on rentals and leases that may be contained in rules.  Particularly, Subsection 57-8a-218(8) authorizes a rule (as opposed to a declaration) to require a minimum lease term, which seems to be in direct conflict with the requirement of this section that any restriction on leasing be in the declaration (if initially recorded after May 9, 2011).  This section and 57-8a-218 were both enacted at the same time in 2011. 

It may be argued that the more specific provision governs.  This section is more specific in the sense that it deals only with communities, and declarations, established after May 9, 2011.  But, 57-8a-218(8) is more specific in that it only deals with one specific restriction on leasing.  Thus, a community established before May, 2011 may require a minimum lease term in a mere rule, as 57-8a-218(8) is more specific and governs over this section as to such a community. 

For a community established by a declaration after May, 2011, the answer is less clear, but considering both sections were enacted at the same time in 2011, 57-8a-218(8) appears to be more specific than this section and thus should govern, allowing any community to establish a minimum lease term in a rule, outside of the recorded declaration.  But see Section 57-8a-209 (an association may create restrictions on the number and term of rentals in an association, but only if in recorded CC&Rs and only if certain exceptions are always granted by the association), as well as footnote 3 to that section regarding this apparant contradiction.

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