When a law or agreement require that a person be aware of a right, obligation or fact in order for that right or obligation to have effect, the law provides that if a person has actual or constructive notice of a right, obligation or fact, the person is in fact legally aware of the right, obligation or fact.
Actual notice is notice given directly to, or received personally by, a party.
Constructive notice is notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of, such as recorded covenants; also notice presumed by law to have been acquired by a person and thus imputed to that person.
Utah law recognizes two types of constructive notice.
(1) One type of constructive notice is
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Statutes and Cases:
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)