lease

The term "lease" is not synonymous with the term "rent" in the Condo Act and Community Association Act.  For treatment of "rent" or "rental" see Index, rentals.  To lease means to let someone else occupy the home in exchange for rent.  To rent means (1) to let someone else live in the home while you, the owner, don't live there, or (2) even if you do live there, if the home is owned by an LLC or corporation that isn't established for the estate planning purposes of an occupant or their parent, child or sibling.  This means that all leases are rentals, but not all rentals are leases.  (See Sections 57-8-3, 57-8-53 and 57-8a-102).

Condo Act.  The term "lease" is used two times in Section 57-8-8.1 and once in 57-8-10.1 of the Condominium Ownership Act,fn1 but the Act does not specify a definition for "lease" that applies to the whole Act.  The term "rentals" is defined, but there is no indication that the definition of "rentals" applies to the term "lease." "Lease" is defined in Section 57-8-53 but for purposes of that Section only.fn2

In fact, it is interesting to note that "lease" is defined in the Community Association Act generally and both that definition and the definition in 57-8-53 are more narrow than the definition of "rental."

Community Association Act.  "Lease" is defined in the Community Association Act as: "regular, exclusive occupancy of a lot: (a) by a person or persons other than the owner; and (b) for which the owner receives a consideration or benefit, including a fee, service, gratuity, or emolument."  See Subsection 57-8a-102(13).  Contrast that definition with the definition in the act of "rentals": 

“Rentals" or “rental lot" means:
(a) a lot that:
     (i) is not owned by an entity or trust; and (ii) is occupied by an individual while the lot owner is not occupying the lot as the lot owner's primary residence; or
(b) an occupied lot owned by an entity or trust, regardless of who occupies the lot.

Subsection 57-8a-102(20).

The Community Association Act requires an initial declaration recorded after May 9, 2011, to contain "any restriction on the alienation of a lot, including a restriction on leasing."  See Section 57-8a-212(a)(i).  And the act authorizes a rule to: (1) "require a minimum lease term," unless contrary to a declaration, and (2) for a lot that an owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals who may use the common areas and facilities as guests of the lot tenant or lot owner."  See Subsections 57-8a-218(1)(a)(iii), (2)(b)(ii)(B), and (8)(b).

FN 1. 57-8-8.1 Equal Treatment by Rules Required -- Limits on Rules
(1)(b)". . . a rule may: . . . (iii) for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the tenant's guest or as the unit owner's guest."
(2)(b)". . . a rule may: . . . (ii)(B) for a unit that a unit owner leases for a term of less than 30 days, impose a reasonable limit on the number of individuals that may use the common areas and facilities as the rental unit tenant's guest or as the unit owner's guest; or . . ."
57-8-10.1. Rental restrictions
(1)(c) "An association may establish, by rule, a minimum lease term of six months or less."

FN 2.  57-8-53(b) "Lease" means an arrangement under which a tenant occupies a unit owner's residential condominium unit in exchange for the unit owner receiving a consideration or benefit, including a fee, service, gratuity, or emolument.

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