57-8-7.2. Scope -- Designation of certain areas

(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.

(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, 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:
     (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. 

Enacted by Chapter 290, 2004 General Session

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