(1) Unless otherwise provided in the declaration, this section applies to a unit if the declaration designates a wall, floor, or ceiling as a boundary of the unit.fn1
(2) (a) The following are part of a unit:
(i) lath;
(ii) furring;
(iii) wallboard;
(iv) plasterboard;
(v) plaster;
(vi) paneling;
(vii) tiles;
(viii) wallpaper;
(ix) paint;
(x) finished flooring; and
(xi) any other material constituting part of the finished surface of a wall, floor, or ceiling.
(b) Any portion of a wall, floor, or ceiling not listed in Subsection (2)(a) is part of the common areas and facilities.
(3) If a chute, flue, duct, pipe, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit:
(a) any portion of an item described in this Subsection (3) serving only that unit is part of the limited common areas and facilities; and
(b) any portion of an item described in this Subsection (3) is part of the common areas and facilities if the item serves:
(i) more than one unit; or
(ii) any portion of the common areas and facilities.
(4) Subject to Subsection (3), the following within the boundaries of a unit are part of the unit:
(a) spaces;
(b) interior partitions; and
(c) other fixtures and improvements.
(5) The following, if designated to serve a single unit but located outside the unit's boundaries, are limited common areas and facilities allocated exclusively to a unit:fn1
(a) a shutter;
(b) an awning;
(c) a window box;
(d) a doorstep;
(e) a stoop;
(f) a porch;
(g) a balcony;
(h) a patio;
(i) an exterior door;
(j) an exterior window; and
(k) any other fixture.
History: Enacted 2004, ch. 290. Amended 2024, ch. 519, eff. May 1, 2024.
FN 1. Note that this entire section 57-8-7.2 only applies if the declaration designates a wall, floor, or ceiling as a boundary of the unit, as stated in subsection (1). Additionally, if the declaration contradicts any part of this section, the declaration controls and supersedes that part of this section, except subsection (5). Subsection (5) applies regardless of what the declaration says because Section 57-8-10(2)(b) states that the items listed in subsection (5) "shall constitute a limited common area appertaining to that unit exclusively, whether or not the declaration makes such a provision." More specifically, Section 57-8-10(2)(b) states: "Any shutters, awnings, window boxes, doorsteps, porches, balconies, patios, or other apparatus intended to serve a single unit, but located outside the boundaries of the unit, shall constitute a limited common area and facility appertaining to that unit exclusively, whether or not the declaration makes such a provision."