57-8-33. Actions

Without limiting the rights of any unit owner, actions may be brought by the manager or management committee,fn1 in either case in the discretion of the management committee, on behalf of two or more of the unit owners, as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one unit. Service of process on two or more unit owners in any action relating to the common areas and facilities or more than one unit may be made on the person designated in the declaration to receive service of process.

Enacted by Chapter 111, 1963 General Session

FN 1.  The Utah Supreme Court confirmed that the management committee has the statutory right to bring suit on behalf of two or more unit owners, that this Section 57-8-33 is without restriction as to the type of action that may be brought, and that permitting the management committee to sue without making it a class action or joining the unit owners as necessary parties will not expose the defendants to substantial risk of multiple and inconsistent judgments.  See Brickyard Homeowners' Association Management Committee v. Gibbons Realty Co., 668 P.2d 535 (Utah 1983).

In Lodge at Westgate Park City Resort v. Westgate Resorts LTD., 2019 UT App 36, the court confirmed that even though the association in that case did not have a direct claim, its members, the unit owners did and because the association brought suit on behalf of "two or more unit owners" and the lawsuit also concerns "common areas and facilities or more than one unit" (pursuant to this Section 57-8-33), the association had standing under the statute to sue on behalf of the owners.

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