United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-809, 2001

This section limits separate ownership, conveyance, or modification of common area parcels on a plat, but allows certain approved changes and a condemnation-related conveyance exception.

Source excerpt

administrative controlcommon areacommon area conveyancecommon area parcelscommon interest communitiescondemnationconveyance restrictionscounty recorder filingnotice filingownership interestspropertyrecorded plats

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2001
Dates: Enacted 2001

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Dates: Enacted 2001

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“This section limits separate ownership, conveyance, or modification of common area parcels on a plat, but allows certain approved changes and a condemnation-related conveyance exception.”

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Common area parcels on a plat -- No separate ownership -- Ownership interest equally divided among other parcels on plat and included in description of other parcels.

This section limits separate ownership, conveyance, or modification of common area parcels on a plat, but allows certain approved changes and a condemnation-related conveyance exception.

Section 10-20-809

Subsection 10-20-809(1)(e)(ii)

regarding a common area and facility, Section 57-8-3 .

Section 10-20-809(1)(e)(ii)

Subsection 10-20-809(3)

If a common area or common area and facility conveyance or modification is approved under Subsection (5), the person presenting the instrument to a county recorder must attach a notice of that approval to the conveyance document or record the notice at the…

Section 10-20-809(3)

Subsection 10-20-809(5)(b)(i)

A common area owned by an association requires 67% of the voting interests in the association.

Section 10-20-809(5)(b)(i)

Subsection 10-20-809(6)(b)

If a conveyance is made under Subsection (6)(a), lot owners and unit owners do not have to approve it.

Section 10-20-809(6)(b)

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Source record from le.utah.gov · Enacted 2001

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Showing 40 of 40 provisions

Provision 40

Part 10-20-8

part 10-20-8 Subdivisions

§ 10-20-809Common area parcels on a plat -- No separate ownership -- Ownership interest equally divided among other parcels on plat and included in description of other parcels.Provision

Source excerpt

This section limits separate ownership, conveyance, or modification of common area parcels on a plat, but allows certain approved changes and a condemnation-related conveyance exception.

Common area parcels on a plat -- No separate ownership -- Ownership interest equally divided among other parcels on plat and included in description of other parcels. As used in this section: "Association" means the same as that term is defined in: regarding a common area, Section 57-8a-102 ; and regarding a common area and facility, Section 57-8-3 . "Common area" means the same as that term is defined in Section 57-8a-102 . "Common area and facility" means the same as that term is defined in Section 57-8-3 . "Condemnor" means the same as that term is defined in Section 78B-6-520.3 . "Declarant" means the same as that term is defined in: regarding a common area, Section 57-8a-102 ; and regarding a common area and facility, Section 57-8-3 . "Declaration," regarding a common area and facility, means the same as that term is defined in Section 57-8-3 . "Period of administrative control" means the same as that term is defined in: regarding a common area, Section 57-8a-102 ; and regarding a common area and facility, Section 57-8-3 . "Under threat of condemnation" means the same as that term is defined in Section 78B-6-520.3 . A person may not separately own, convey, or modify a parcel designated as a common area or common area and facility, on a plat recorded in compliance with this part, independent of the other lots, units, or parcels created by the plat unless: an association holds in trust the parcel designated as a common area for the owners of the other lots, units, or parcels created by the plat; the conveyance or modification is approved under Subsection (5) ; or the conveyance or modification is made in accordance with Subsection (6) . If a conveyance or modification of a common area or common area and facility is approved in accordance with Subsection (5) , the person who presents the instrument of conveyance to a county recorder shall: attach a notice of the approval described in Subsection (5) as an exhibit to the document of conveyance; or record a notice of the approval described in Subsection (5) concurrently with the conveyance as a separate document. When a plat contains a common area or common area and facility: for purposes of assessment, each parcel that the plat creates has an equal ownership interest in the common area or common area and facility within the plat, unless the plat or an accompanying recorded document indicates a different division of interest for assessment purposes; and each instrument describing a parcel on the plat by the parcel's identifying plat number implicitly includes the ownership interest in the common area or common area and facility, even if that ownership interest is not explicitly stated in the instrument. Notwithstanding Subsection (2) , a person may modify the size or location of or separately convey a common area or common area and facility if the following approve the conveyance or modification: the local government; for a common area that an association owns, 67% of the voting interests in the association; or for a common area that an association does not own, or for a common area and facility, 67% of the owners of lots, units, and parcels designated on a plat that is subject to a declaration and on which the common area or common area and facility is included; and during the period of administrative control, the declarant. Notwithstanding Subsection (2) , an individual may convey a portion of a common area and facility in accordance with Section 57-8-32 or 57-8a-232 , if: the individual is authorized to act on behalf of an association by: a vote of the association's board, either before or after the threat of condemnation arises; or if the association is defunct or unable to act through a board, the association's governing documents; the common area or common area and facility is under threat of condemnation; and the individual makes the conveyance to a condemnor. If an individual makes a conveyance in accordance with Subsection (6)(a) , no lot owner or unit owner is required to approve the conveyance or modification.

Section 10-20-809Verify source

§ 10-20-809(1)Subsection 10-20-809(1)Provision

Source excerpt

As used in this section: "Association" means the same as that term is defined in: regarding a common area, Section 57-8a-102 ; and regarding a common area and facility, Section 57-8-3 . "Common area" means the same as that term is defined in Section 57-8a-102 . "Common area and facility" means the same as that term is defined in Section 57-8-3 . "Condemnor" means the same as that term is defined in Section 78B-6-520.3 . "Declarant" means the same as that term is defined in: regarding a common area, Section 57-8a-102 ; and regarding a common area and facility, Section 57-8-3 . "Declaration," regarding a common area and facility, means the same as that term is defined in Section 57-8-3 . "Period of administrative control" means the same as that term is defined in: regarding a common area, Section 57-8a-102 ; and regarding a common area and facility, Section 57-8-3 . "Under threat of condemnation" means the same as that term is defined in Section 78B-6-520.3 .

Section 10-20-809(1)Verify source

§ 10-20-809(1)(a)Subsection 10-20-809(1)(a)Provision

Source excerpt

“Association” is defined by reference to other sections, depending on whether the context is a common area or a common area and facility.

"Association" means the same as that term is defined in: regarding a common area, Section 57-8a-102 ; and regarding a common area and facility, Section 57-8-3 .

Section 10-20-809(1)(a)Verify source

§ 10-20-809(1)(a)(i)Subsection 10-20-809(1)(a)(i)Provision

Source excerpt

regarding a common area, Section 57-8a-102 ; and

Section 10-20-809(1)(a)(i)Verify source

§ 10-20-809(1)(a)(ii)Subsection 10-20-809(1)(a)(ii)Provision

Source excerpt

regarding a common area and facility, Section 57-8-3 .

Section 10-20-809(1)(a)(ii)Verify source

§ 10-20-809(1)(b)Subsection 10-20-809(1)(b)Provision

Source excerpt

"Common area" means the same as that term is defined in Section 57-8a-102 .

Section 10-20-809(1)(b)Verify source

§ 10-20-809(1)(c)Subsection 10-20-809(1)(c)Provision

Source excerpt

"Common area and facility" means the same as that term is defined in Section 57-8-3 .

Section 10-20-809(1)(c)Verify source

§ 10-20-809(1)(d)Subsection 10-20-809(1)(d)Provision

Source excerpt

"Condemnor" means the same as that term is defined in Section 78B-6-520.3 .

Section 10-20-809(1)(d)Verify source

§ 10-20-809(1)(e)Subsection 10-20-809(1)(e)Provision

Source excerpt

"Declarant" is defined by reference to other sections, with different references depending on whether the context is a common area or a common area and facility.

"Declarant" means the same as that term is defined in: regarding a common area, Section 57-8a-102 ; and regarding a common area and facility, Section 57-8-3 .

Section 10-20-809(1)(e)Verify source

§ 10-20-809(1)(e)(i)Subsection 10-20-809(1)(e)(i)Provision

Source excerpt

regarding a common area, Section 57-8a-102 ; and

Section 10-20-809(1)(e)(i)Verify source

§ 10-20-809(1)(e)(ii)Subsection 10-20-809(1)(e)(ii)Provision

Source excerpt

regarding a common area and facility, Section 57-8-3 .

Section 10-20-809(1)(e)(ii)Verify source

§ 10-20-809(1)(f)Subsection 10-20-809(1)(f)Provision

Source excerpt

For a common area and facility, “Declaration” has the same meaning as in Section 57-8-3.

"Declaration," regarding a common area and facility, means the same as that term is defined in Section 57-8-3 .

Section 10-20-809(1)(f)Verify source

§ 10-20-809(1)(g)Subsection 10-20-809(1)(g)Provision

Source excerpt

"Period of administrative control" means the same as that term is defined in: regarding a common area, Section 57-8a-102 ; and regarding a common area and facility, Section 57-8-3 .

Section 10-20-809(1)(g)Verify source

§ 10-20-809(1)(g)(i)Subsection 10-20-809(1)(g)(i)Provision

Source excerpt

This text cites Section 57-8a-102 in relation to a common area.

regarding a common area, Section 57-8a-102 ; and

Section 10-20-809(1)(g)(i)Verify source

§ 10-20-809(1)(g)(ii)Subsection 10-20-809(1)(g)(ii)Provision

Source excerpt

regarding a common area and facility, Section 57-8-3 .

Section 10-20-809(1)(g)(ii)Verify source

§ 10-20-809(1)(h)Subsection 10-20-809(1)(h)Provision

Source excerpt

The term “under threat of condemnation” has the same meaning as in Section 78B-6-520.3.

"Under threat of condemnation" means the same as that term is defined in Section 78B-6-520.3 .

Section 10-20-809(1)(h)Verify source

§ 10-20-809(2)Subsection 10-20-809(2)Provision

Source excerpt

A person may not separately own, convey, or modify a common-area parcel on a recorded plat, unless an association holds it in trust for the other owners or the conveyance or modification is approved under Subsection (5) or made under Subsection (6).

A person may not separately own, convey, or modify a parcel designated as a common area or common area and facility, on a plat recorded in compliance with this part, independent of the other lots, units, or parcels created by the plat unless: an association holds in trust the parcel designated as a common area for the owners of the other lots, units, or parcels created by the plat; the conveyance or modification is approved under Subsection (5) ; or the conveyance or modification is made in accordance with Subsection (6) .

Section 10-20-809(2)Verify source

§ 10-20-809(2)(a)Subsection 10-20-809(2)(a)Provision

Source excerpt

An association holds a designated common area parcel in trust for the other lot, unit, or parcel owners created by the plat.

an association holds in trust the parcel designated as a common area for the owners of the other lots, units, or parcels created by the plat;

Section 10-20-809(2)(a)Verify source

§ 10-20-809(2)(b)Subsection 10-20-809(2)(b)Provision

Source excerpt

the conveyance or modification is approved under Subsection (5) ; or

Section 10-20-809(2)(b)Verify source

§ 10-20-809(2)(c)Subsection 10-20-809(2)(c)Provision

Source excerpt

the conveyance or modification is made in accordance with Subsection (6) .

Section 10-20-809(2)(c)Verify source

§ 10-20-809(3)Subsection 10-20-809(3)Provision

Source excerpt

If a conveyance or modification of a common area or common area and facility is approved in accordance with Subsection (5) , the person who presents the instrument of conveyance to a county recorder shall: attach a notice of the approval described in Subsection (5) as an exhibit to the document of conveyance; or record a notice of the approval described in Subsection (5) concurrently with the conveyance as a separate document.

Section 10-20-809(3)Verify source

§ 10-20-809(3)(a)Subsection 10-20-809(3)(a)Provision

Source excerpt

Attach the notice of approval described in Subsection (5) as an exhibit to the conveyance document.

attach a notice of the approval described in Subsection (5) as an exhibit to the document of conveyance; or

Section 10-20-809(3)(a)Verify source

§ 10-20-809(3)(b)Subsection 10-20-809(3)(b)Provision

Source excerpt

A notice of the approval described in Subsection (5) must be recorded at the same time as the conveyance, as a separate document.

record a notice of the approval described in Subsection (5) concurrently with the conveyance as a separate document.

Section 10-20-809(3)(b)Verify source

§ 10-20-809(4)Subsection 10-20-809(4)Provision

Source excerpt

If a plat contains a common area or common area and facility, each created parcel has an equal ownership interest in it unless a different division is recorded; instruments describing the parcel by its plat number include that interest even if not stated.

When a plat contains a common area or common area and facility: for purposes of assessment, each parcel that the plat creates has an equal ownership interest in the common area or common area and facility within the plat, unless the plat or an accompanying recorded document indicates a different division of interest for assessment purposes; and each instrument describing a parcel on the plat by the parcel's identifying plat number implicitly includes the ownership interest in the common area or common area and facility, even if that ownership interest is not explicitly stated in the instrument.

Section 10-20-809(4)Verify source

§ 10-20-809(4)(a)Subsection 10-20-809(4)(a)Provision

Source excerpt

for purposes of assessment, each parcel that the plat creates has an equal ownership interest in the common area or common area and facility within the plat, unless the plat or an accompanying recorded document indicates a different

Section 10-20-809(4)(a)Verify source

§ 10-20-809(4)(b)Subsection 10-20-809(4)(b)Provision

Source excerpt

An instrument identifying a parcel by its plat number is treated as including the ownership interest in the common area or common area and facility, even if not expressly stated.

each instrument describing a parcel on the plat by the parcel's identifying plat number implicitly includes the ownership interest in the common area or common area and facility, even if that ownership interest is not explicitly stated in the instrument.

Section 10-20-809(4)(b)Verify source

§ 10-20-809(5)Subsection 10-20-809(5)Provision

Source excerpt

A person may modify or separately convey a common area or common area and facility only if the required approvals are obtained.

Notwithstanding Subsection (2) , a person may modify the size or location of or separately convey a common area or common area and facility if the following approve the conveyance or modification: the local government; for a common area that an association owns, 67% of the voting interests in the association; or for a common area that an association does not own, or for a common area and facility, 67% of the owners of lots, units, and parcels designated on a plat that is subject to a declaration and on which the common area or common area and facility is included; and during the period of administrative control, the declarant.

Section 10-20-809(5)Verify source

§ 10-20-809(5)(a)Subsection 10-20-809(5)(a)Provision

Source excerpt

Mentions the local government.

the local government;

Section 10-20-809(5)(a)Verify source

§ 10-20-809(5)(b)Subsection 10-20-809(5)(b)Provision

Source excerpt

This text states two 67% voting/ownership thresholds for approval, depending on whether the common area is owned by the association.

for a common area that an association owns, 67% of the voting interests in the association; or for a common area that an association does not own, or for a common area and facility, 67% of the owners of lots, units, and parcels designated on a plat that is subject to a declaration and on which the common area or common area and facility is included; and

Section 10-20-809(5)(b)Verify source

§ 10-20-809(5)(b)(i)Subsection 10-20-809(5)(b)(i)Provision

Source excerpt

A common area owned by an association requires 67% of the voting interests in the association.

for a common area that an association owns, 67% of the voting interests in the association; or

Section 10-20-809(5)(b)(i)Verify source

§ 10-20-809(5)(b)(ii)Subsection 10-20-809(5)(b)(ii)Provision

Source excerpt

A 67% owner approval threshold applies for certain common-area situations.

for a common area that an association does not own, or for a common area and facility, 67% of the owners of lots, units, and parcels designated on a plat that is subject to a declaration and on which the common area or common area and facility is included; and

Section 10-20-809(5)(b)(ii)Verify source

§ 10-20-809(5)(c)Subsection 10-20-809(5)(c)Provision

Source excerpt

during the period of administrative control, the declarant.

Section 10-20-809(5)(c)Verify source

§ 10-20-809(6)Subsection 10-20-809(6)Provision

Source excerpt

An individual may convey part of a common area and facility under specified conditions, and lot or unit owners do not have to approve that conveyance or modification when Subsection (6)(a) applies.

Notwithstanding Subsection (2) , an individual may convey a portion of a common area and facility in accordance with Section 57-8-32 or 57-8a-232 , if: the individual is authorized to act on behalf of an association by: a vote of the association's board, either before or after the threat of condemnation arises; or if the association is defunct or unable to act through a board, the association's governing documents; the common area or common area and facility is under threat of condemnation; and the individual makes the conveyance to a condemnor. If an individual makes a conveyance in accordance with Subsection (6)(a) , no lot owner or unit owner is required to approve the conveyance or modification.

Section 10-20-809(6)Verify source

§ 10-20-809(6)(a)Subsection 10-20-809(6)(a)Provision

Source excerpt

An individual may convey part of a common area and facility to a condemnor under specified conditions.

Section 10-20-809(6)(a)Verify source

§ 10-20-809(6)(a)(i)Subsection 10-20-809(6)(a)(i)Provision

Source excerpt

An individual may be authorized to act for an association by a board vote, or—if the association is defunct or lacks a board—by the association’s governing documents.

the individual is authorized to act on behalf of an association by: a vote of the association's board, either before or after the threat of condemnation arises; or if the association is defunct or unable to act through a board, the association's governing documents;

Section 10-20-809(6)(a)(i)Verify source

§ 10-20-809(6)(a)(i)(A)Subsection 10-20-809(6)(a)(i)(A)Provision

Source excerpt

a vote of the association's board, either before or after the threat of condemnation arises; or

Section 10-20-809(6)(a)(i)(A)Verify source

§ 10-20-809(6)(a)(i)(B)Subsection 10-20-809(6)(a)(i)(B)Provision

Source excerpt

If the association is defunct or cannot act through a board, the association's governing documents apply.

if the association is defunct or unable to act through a board, the association's governing documents;

Section 10-20-809(6)(a)(i)(B)Verify source

§ 10-20-809(6)(a)(ii)Subsection 10-20-809(6)(a)(ii)Provision

Source excerpt

the common area or common area and facility is under threat of condemnation; and

Section 10-20-809(6)(a)(ii)Verify source

§ 10-20-809(6)(a)(iii)Subsection 10-20-809(6)(a)(iii)Provision

Source excerpt

the individual makes the conveyance to a condemnor.

Section 10-20-809(6)(a)(iii)Verify source

§ 10-20-809(6)(b)Subsection 10-20-809(6)(b)Provision

Source excerpt

If a conveyance is made under Subsection (6)(a), lot owners and unit owners do not have to approve it.

If an individual makes a conveyance in accordance with Subsection (6)(a) , no lot owner or unit owner is required to approve the conveyance or modification.

Section 10-20-809(6)(b)Verify source

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Utah Code § 10-20-809, 2001

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