57-8a-102. Definitions -- 2013 Version

Historical Version of Section.
Effective May 14, 2013.  
Superseded May 12, 2015.

As used in this chapter:

(1) (a) "Assessment" means a charge imposed or levied:
            (i) by the association;
            (ii) on or against a lot or a lot owner; and
            (iii) pursuant to a governing document recorded with the county recorder.
     (b) "Assessment" includes:
            (i) a common expense; and
            (ii) an amount assessed against a lot owner under Subsection 57-8a-405(7).

(2) (a) Except as provided in Subsection (2)(b), "association" means a corporation or other legal entity, any member of which:
            (i) is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and
            (ii) by virtue of membership or ownership of a residential lot is obligated to pay:
                        (A) real property taxes;
                        (B) insurance premiums;
                        (C) maintenance costs; or
                        (D) for improvement of real property not owned by the member.
     (b) "Association" or "homeowner association" does not include an association created under Title 57, Chapter 8, Condominium Ownership Act.

(3) "Board of directors" or "board" means the entity, regardless of name, with primary authority to manage the affairs of the association.

(4) "Common areas" means property that the association:
     (a) owns;
     (b) maintains;
     (c) repairs; or
     (d) administers.

(5) "Common expense" means costs incurred by the association to exercise any of the powers provided for in the association's governing documents.

(6) "Declarant":
     (a) means the person who executes a declaration and submits it for recording in the office of the recorder of the county in which the property described in the declaration is located; and
     (b) includes the person's successor and assign.

(7) (a) "Governing documents" means a written instrument by which the association may:
            (i) exercise powers; or
            (ii) manage, maintain, or otherwise affect the property under the jurisdiction of the association.
     (b) "Governing documents" includes:
            (i) articles of incorporation;
            (ii) bylaws;
            (iii) a plat;
            (iv) a declaration of covenants, conditions, and restrictions; and
            (v) rules of the association.

(8) "Independent third party" means a person that:
    (a) is not related to the owner of the residential lot;
    (b) shares no pecuniary interests with the owner of the residential lot; and
    (c) purchases the residential lot in good faith and without the intent to defraud a current or future lienholder.

(9) "Judicial foreclosure" means a foreclosure of a lot:

     (a) for the nonpayment of an assessment; and
     (b) (i) in the manner provided by law for the foreclosure of a mortgage on real property; and
            (ii) as provided in Part 3, Collection of Assessments.

(10) "Lease" or "leasing" means regular, exclusive occupancy of a lot:
     (a) by a person or persons other than the owner; and
     (b) for which the owner receives a consideration or benefit, including a fee, service, gratuity, or emolument.

(11) "Limited common areas" means common areas described in the declaration and allocated for the exclusive use of one or more lot owners.

(12) "Lot" means:

     (a) a lot, parcel, plot, or other division of land:
            (i) designated for separate ownership or occupancy; and
            (ii) (A) shown on a recorded subdivision plat; or
                        (B) the boundaries of which are described in a recorded governing document; or
     (b) (i) a unit in a condominium association if the condominium association is a part of a development; or
            (ii) a unit in a real estate cooperative if the real estate cooperative is part of a development.

(13) "Mixed-use project" means a project under this chapter that has both residential and commercial lots in the project.

(14) "Nonjudicial foreclosure" means the sale of a lot:
     (a) for the nonpayment of an assessment; and
     (b) (i) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
            (ii) as provided in Part 3, Collection of Assessments.

(15) "Residential lot" means a lot, the use of which is limited by law, covenant, or otherwise to primarily residential or recreational purposes.

Enacted 2004, ch. 153.  Amended: 2011, ch. 355;
2013, ch’s 95, 152, eff. May 14, 2013.

HOA resources and laws annotated
HOA resources and laws annotated