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19.09.020 Definitions

            (1)        "Association of unit owners" means all of the unit owners acting as a group in accordance with the declaration and by-laws.

            (2)        "Building" means a structure, containing units, and comprising a part of the property.

            (3)        "Common areas and facilities" means and includes, unless otherwise provided in the declaration of lawful amendments thereto:

                        (a)        The land included within the condominium project, whether leasehold or in fee simple;

                        (b)        The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of the building when used by more than one unit;

                        (c)        The basements, yards, gardens, parking areas, and storage spaces when used in common by more than one (1) unit;

                        (d)        The premises for lodging of janitors or persons in charge of the property;

                        (e)        Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating;

                        (f)        The elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;

                        (g)        Such community and commercial facilities as may be provided for in the declaration; and

                        (h)        All other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use.

            (4)        "Common expenses" means and includes:

                        (a)        All sums lawfully assessed against the unit owners;

                        (b)        Expenses of administration, maintenance, repair, or replacement of the common areas and facilities;

                        (c)        Expenses agreed upon as common expenses by the association of unit owners; and

                        (d)        Expenses declared common expenses by provisions of this Title, or by the declaration of the bylaws.

            (5)        "Common profits" means and includes, unless otherwise provided in the declaration or lawful amendments thereto, the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after the deduction of the common expenses.

            (6)        "Condominium" means the ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property.

            (7)        "Condominium project" means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed residential, commercial, or industrial buildings or structures or otherwise, are separately offered or proposed to be offered for sale.  Condominium project shall also mean the property when the context so requires.

            (8)        "Condominium unit" means a unit together with the undivided interest in the common area and facilities appertaining to that unit.  Any reference in this Title to a condominium unit includes both a physical unit together with its appurtenant undivided interest, unless the reference is specifically limited to a time period unit.

            (9)        "Contractible condominium" means a condominium project from which one (1) or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this Title.  If the withdrawal can occur only by the expiration or termination of one or more leases, then the condominium project shall not be deemed a contractible condominium within the meaning of this Title.

            (10)      "Convertible land" means a building site; that is to say, a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this Title.

            (11)      "Convertible space" means a portion of the structure within the condominium project, which portion may be converted into one (1) or more units or common areas and facilities, including, but not limited to, limited common areas and facilities in accordance with this Title.

            (12)      "Declarant" means all persons who execute the declaration or on whose behalf the declaration is executed.  From the time of the recordation of any amendment to the declaration expanding an expandable condominium, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within this definition.  Any successors of the person referred to in this Subsection who come to stand in the same relation to the condominium project as their predecessors did, shall also come within this definition.

            (13)      "Declaration" means the instrument by which the property is submitted to the provisions of this Title, as may from time to time be lawfully amended.

            (14)      "Expandable condominium" means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this Title.

            (15)      "Leasehold condominium" means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all such leasehold interests to expire naturally at the same time.  A condominium project including leased land or an interest therein, upon which no units are situated or to be situated shall not be deemed a leasehold condominium within the meaning of this Title.

            (16)      "Limited common areas and facilities" means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units.

            (17)      "Majority or majority of the unit owners" means, unless otherwise provided in the declaration or lawful amendments thereof, the owners of more than fifty percent (50%) in the aggregate in interest of the undivided ownership of the common areas and facilities.

            (18)      "Management committee" means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules and regulations covering the operation and maintenance of the property.

                        (a)        The "management committee" makeup shall be fifty percent (50%) owners within the project and fifty percent (50%) disinterested parties not directly associated with the project to guarantee an impartial review of all decisions.

                        (b)        A management consultant or certified public accountant should be hired by the management committee or be made a member of the committee itself to guide the financial affairs of the project.

            (19)      "Par value" means a number of dollars or points assigned to each unit by the declaration, substantially identical units shall be assigned the same par value, but units located at substantially different heights above the ground, or having substantially different views, or having substantially different amenities or other characteristics that might result in differences in market value, may, but need not, be considered substantially identical within the meaning of this Subsection.  If par value is stated in terms of dollars, that statement shall not be deemed to reflect or control the sales price or fair market value of any unit, or any undivided interest in the common areas and facilities, voting rights in the unit owners' association, liability for common expenses, or right to common profits, assigned on the basis thereof.

            (20)      "Person" means an individual, corporation, partnership association, trustee, or other legal entity.

            (21)      "Property" means the land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon, all easements, rights; and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith.

            (22)      "Record as survey map" means a plat or plats of survey of land and units.

            (23)      "Record, recording, recorded, and recorder" shall have the meaning stated in Title 57-03 of the Utah Code.

            (24)      "Size" means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the record of survey map and rounded off to a whole number.  Certain spaces within the units including, without limitation, attic, basement, or garage space, may, but need not, be omitted from such calculation or be partially discounted by the use of a ration, so long as the same basis of calculation is employed for all units in the condominium project and so long as that basis is described in the declaration.

            (25)      "Time period unit" means an annually recurring part or parts of a year specified in the declaration as a period for which a physical unit is separately owned.

            (26)      "Unit" means a separate physical part of the property intended for any type of independent use, including one (1) or more rooms or spaces located in one (1) or more floors (or part or parts of floors) in a building or a time period unit, as the context may require.  A convertible space shall be treated as a unit in accordance with Subsection 57-8-13.4(3), Utah Code Annotated.

            (27)      "Unit number" means the number, letter or combination thereof designating the unit in the declaration and in the record of survey map.

            (28)      "Unit owner" means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration, or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 04-69, Recodified, 12/16/2004