Sale of property and common areas and facilities. the sale, conveyance, transfer, or other disposition of the portion of the common areas and facilities results in a person other than the association or a unit owner owning the portion of the common areas and facilities.
This legal description is found on your deed. Secondary sources might be your mortgage or appraisal documents or the County Recorder's Office in the county where the real property is located. You must include the legal description for each piece of real property you are dividing.
In Utah, two key laws govern homeowners associations ("HOAs") and inium owners associations ("COAs"). The inium Act, Utah Code § 57-8, applies to COAs, and deals with individually owned units supported by collectively held facilities and areas, such as iniums or townhomes.
Utah HOAs are primarily governed by the Utah Revised Nonprofit Corporation Act as well as specific legislation pertaining to iniums and community associations. These state laws are designed to work in conjunction with relevant federal laws to ensure that HOAs operate within the legal framework.
Contents of declaration. Before the conveyance of any unit in a inium project, a declaration shall be recorded that contains the covenants, conditions, and restrictions relating to the project that shall be enforceable equitable servitudes, where reasonable, and which shall run with the land.
More important, most inium documents were written by developer lawyers for the primary benefit of the developer. As a board member, you have a responsibility to ensure that owners can live with your condo documents. The declaration and bylaws of your association are your constitution.
In some states, such as California, HOA bylaws are considered public record and must be made available upon request. In other states, such as Virginia, HOA bylaws are not considered public record and therefore are not required to be made publicly available.
Bylaws. The Bylaws of a inium or planned development contain the operating procedures of the homeowners association. These generally include how to call and conduct a meeting, how to vote, how to levy assessments, how to manage association business, and how to keep records.
Utah Code Title 57 Chapter 8 is the inium Ownership Act authored by Keith Romney and passed into law in 1960. The Act allowed individuals to have private ownership of property in a collective unit. Although authored in 1960, the Act wasn't officially adopted until 1963.