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.
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.
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.
4. What powers do HOAs in Utah have? Homeowners associations may collect dues for the maintenance of common areas, restrict or prohibit rentals, impose reasonable fines, access and maintain common spaces, and foreclose on properties in its jurisdiction for unpaid assessments.