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2020 Utah Code
Title 57 - Real Estate
Chapter 8 - Condominium Ownership Act
Section 39 - Limitation on requirements for amending governing documents -- Limitation on contracts.
Universal Citation: UT Code § 57-8-39 (2020)
Effective 5/9/2017
57-8-39. Limitation on requirements for amending governing documents -- Limitation on contracts.
Amended by Chapter 324, 2017 General Session
57-8-39. Limitation on requirements for amending governing documents -- Limitation on contracts.
- (1)
- (a)
- (i) To amend the governing documents, the governing documents may not require:
- (A) for an amendment adopted after the period of administrative control, the vote or approval of unit owners with more than 67% of the voting interests;
- (B) the approval of any specific unit owner; or
- (C) the vote or approval of lien holders holding more than 67% of the first position security interests secured by a mortgage or trust deed in the association of unit owners.
- (ii) Any provision in the governing documents that prohibits a vote or approval to amend any part of the governing documents during a particular time period is invalid.
- (i) To amend the governing documents, the governing documents may not require:
- (b) Subsection (1)(a) does not apply to an amendment affecting only:
- (i) the undivided interest of each unit owner in the common areas and facilities, as expressed in the declaration;
- (ii) unit boundaries; or
- (iii) unit owners' voting rights.
- (a)
- (2)
- (a) A contract for services such as garbage collection, maintenance, lawn care, or snow removal executed on behalf of the association of unit owners during a period of administrative control is binding beyond the period of administrative control unless terminated by the management committee after the period of administrative control ends.
- (b) Subsection (2)(a) does not apply to golf course and amenity management, utilities, cable services, and other similar services that require an investment of infrastructure or capital.
- (3) Voting interests under Subsection (1) are calculated in the manner required by the governing documents.
- (4) Nothing in this section affects any other rights reserved by the declarant.
- (5) This section applies to an association of unit owners regardless of when the association of unit owners is created.
Amended by Chapter 324, 2017 General Session
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