State Codes and Statutes

Statutes > Utah > Title-57 > Chapter-08 > 57-8-13-10

57-8-13.10. Condominiums containing convertible land -- Expandablecondominiums -- Allocation of interests in common areas and facilities.
(1) If a condominium project contains any convertible land or is an expandablecondominium, then the declaration may not allocate undivided interests in the common areas andfacilities on the basis of par value unless the declaration:
(a) prohibits the creation of any units not substantially identical to the units depicted onthe condominium plat recorded pursuant to Subsection 57-8-13(1); or
(b) prohibits the creation of any units not described under Subsection 57-8-10(3)(a)(vii)in the case of convertible land, Subsection 57-8-10(4)(a)(xi) in the case of additional land, andcontains from the outset a statement of the par value that shall be assigned to every unit that maybe created.
(2) (a) Interests in the common areas and facilities may not be allocated to any units tobe created within any convertible land or within any additional land until a condominium platdepicting the same is recorded pursuant to Subsection 57-8-13(2).
(b) Simultaneously with the recording of the supplemental condominium plat requiredunder Subsection (2)(a), the declarant shall execute and record an amendment to the declarationwhich reallocates undivided interests in the common areas and facilities so that the units depictedon the supplemental condominium plat shall be allocated undivided interests in the commonareas and facilities on the same basis as the units depicted on the condominium plat that wasrecorded simultaneously with the declaration pursuant to Subsection 57-8-13(1).
(3) If all of a convertible space is converted into common areas and facilities, includinglimited common areas and facilities, then the undivided interest in the common areas andfacilities appertaining to the convertible space shall afterward appertain to the remaining unitsand shall be allocated among them in proportion to their undivided interests in the common areasand facilities. The principal officer of the unit owners' association or of the managementcommittee, or any other officer specified in the declaration, shall immediately prepare, execute,and record an amendment to the declaration reflecting the reallocation of undivided interestproduced by the conversion.
(4) (a) If the expiration or termination of any lease of a leasehold condominium causes acontraction of the condominium project which reduces the number of units, or if the withdrawalof withdrawable land of a contractible condominium causes a contraction of the condominiumproject which reduces the number of units, the undivided interest in the common areas andfacilities appertaining to any units so withdrawn shall afterward appertain to the remaining units,being allocated among them in proportion to their undivided interests in the common areas andfacilities.
(b) The principal officer of the unit owners' association or of the management committee,or any other officer specified in the declaration shall immediately prepare, execute, and record anamendment to the declaration, reflecting the reallocation of undivided interests produced by thereduction of units.

Amended by Chapter 265, 2003 General Session