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Utah Code
2025 Utah Code
Title 57 - Real Estate
Chapter 8a - Community Association Act
Part 2 - Administrative Provisions
Section 232 - Sale of common areas.
Universal Citation:
UT Code § 57-8a-232 (2025)
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Effective 11/6/2025
57-8a-232. Sale of common areas.
Amended by Chapter 15, 2025 Special Session 1
57-8a-232. Sale of common areas.
- (1)Subject to Subsection 10-20-809(5) or 17-79-709(5), unless otherwise provided in the governing documents, an association may by an affirmative vote of at least 67% of the voting interests of the association, elect to sell, convey, transfer, or otherwise dispose of all or part of the common areas.
- (2)An affirmative vote described in Subsection (1) is binding upon all lot owners, and each lot owner shall execute and deliver the appropriate instruments and perform all acts as necessary to effect the sale, conveyance, transfer, or other disposition of the common areas.
- (3)The general easement of ingress, egress, and use of the common areas and facilities granted to an association and lot owners through recorded governing documents is extinguished in any portion of the common areas the association sells, conveys, transfers, or otherwise disposes of, if:
- (a)the lot owners, in selling, conveying, transferring, or otherwise disposing of the portion of the common areas, comply with:
- (i)the provisions of this section; and
- (ii)Section 10-20-809 or 17-79-709; and
- (b)the sale, conveyance, transfer, or other disposition of the portion of the common areas results in a person other than the association owning the portion of the common areas.
- (a)the lot owners, in selling, conveying, transferring, or otherwise disposing of the portion of the common areas, comply with:
- (4)This section applies to an association regardless of when the association is created.
- (5)A declarant may not sell any part of the common areas during the period of administrative control, except as provided in Section 10-20-809 or 17-79-709.
- (6)Unless otherwise prohibited by the association's governing documents, an authorized representative of the association may act as attorney-in-fact for the association's lot owners in executing a sale, conveyance, transfer, or other disposition of the common areas following an affirmative vote described in Subsection (1).
Amended by Chapter 15, 2025 Special Session 1
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