57-8-16.5. Appointment and removal of committee members and association officers - Renewal or ratification of contracts - Failure to establish association or committee -- 1975 Version

Historical Version of Section.
Effective 1975.  
Superseded March 23, 2016. 

(1) The declaration may authorize the declarant, or a managing agent or some other person or persons selected or to be selected by the declarant, to appoint and remove some or all of the members of the management committee or some or all of the officers of the unit owners' association, or to exercise powers and responsibilities otherwise assigned by the declaration and by this act to the unit owners' association, its officers, or the management committee. No amendment to the declaration not consented to by all unit owners shall increase the scope of this authorization, and no such authorization shall be valid after the first to occur of the following:


     (a) expiration of the time limit set by the declaration, which shall not exceed six years in the case of an expandable condominium, four years in the case of a condominium project containing any convertible land, or three years in the case of any other condominium project; or

     (b) after units to which three-fourths of the undivided interest in the common areas and facilities appertain have been conveyed, or after all additional land has been added to the project and all convertible land has been converted, whichever last occurs.

(2) If entered into during the period of control contemplated by Subsection (1), no management contract, lease of recreational areas or facilities, or any other contract or lease designed to benefit the declarant which was executed by or on behalf of the unit owners' association or the unit owners as a group shall be binding after such period of control unless then renewed or ratified by the consent of unit owners of units to which a majority of the votes in the unit owners' association appertains.

(3) If the unit owners' association or management committee is not in existence or does not have officers at the time of the creation of a condominium project, the declarant shall, until there is an association or management committee with these officers, have the power and responsibility to act in all instances where this act or the declaration requires action by the unit owners' association, the management committee, or any of the officers of them.

(4) This section shall be strictly construed to protect the rights of the unit owners.

Enacted by Chapter 173, 1975 General Session

HOA resources and laws annotated
HOA resources and laws annotated