(1) Subject to Subsection 10-9a-606(5) or 17-27a-606(5), unless otherwise provided in the governing documentss, an association may by an affirmative vote of at least 67% of the voting interests of the association, elect to sell, convey, transfer, or otherwise dispose of all or part of the common areas.
(2) An affirmative vote described in Subsection (1) is binding upon all lot owners, and each lot owner shall execute and deliver the appropriate instruments and perform all acts as necessary to effect the sale, conveyance, transfer, or other disposition of the common areas.
(3) The general easement of ingress, egress, and use of the common areas and facilities granted to an association and lot owners through recorded governing documents is extinguished in any portion of the common areas and facilities the association sells, conveys, transfers, or otherwise disposes of, if:
(a) the lot owners, in selling, conveying, transferring, or otherwise disposing of the portion of the common areas, comply with:
(i) the provisions of this section; and
(ii) Section 10-9a-606 or 17-27a-606; and
(b) the sale, conveyance, transfer, or other disposition of the portion of the common areas results in a person other than the association or a lot owner owning the portion of the common areas and facilities.
(4) This section applies to an association regardless of when the association is created.
Enacted 2024, ch. 519, eff. May 1, 2024.