57-8-2. Applicability of chapter

This act shall be applicable only to property which the sole owner or all the owners submit to the provisions of the actfn1 by duly executingfn2 and recording a declaration as provided in the act.fn3

Enacted by Chapter 111, 1963 General Session

FN 1.  Whether of not the property has been submitted to the provisions of the Condo Act marks the fundamental distinction between a condominium project and a noncondominium project.  In other words, it isn't possible to tell whether a project is a condominium project or not simply by looking at it (although if the project contains stacked units, it is invariably a condominium project).  Take for example a project of attached townhomes that may look and seem like they could be condominiums.  If there is not express wording in the declaration submitting the property to the Condominium Ownership Act consisting of "a statement of intention that [the Act] applies to the property," (as required by Section 57-8-10(2)(d)(vi)), then the property is not a condominium project. 

FN 2.  See also definition of declarant.

FN 3.  See Johannessen v. Canyon Rd. Towers Owners Ass'n, 2002 UT App 332, 57 P.3d 1119 at ¶ 15, noting that the Condo Act applies to all condominium projects that have complied with the executing and recording requirements of the Act, and holding that the declaration filed by Canyon Road Towers expressly provides that it was filed pursuant to the Act, the parties agreed that the declaration meets all the requirements of the Act, and therefore the Act applies to the project.

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