57-8-13.10. Condominiums containing convertible land -- Expandable
condominiums -- Allocation of interests in common areas and facilities.
(1) If a condominium project contains any convertible land or is an expandable
condominium, then the declaration may not allocate undivided interests in the common areas and
facilities on the basis of par value unless the declaration:
(a) prohibits the creation of any units not substantially identical to the units depicted on
the 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, and
contains from the outset a statement of the par value that shall be assigned to every unit that may
be created.
(2) (a) Interests in the common areas and facilities may not be allocated to any units to
be created within any convertible land or within any additional land until a condominium plat
depicting the same is recorded pursuant to Subsection 57-8-13(2).
(b) Simultaneously with the recording of the supplemental condominium plat required
under Subsection (2)(a), the declarant shall execute and record an amendment to the declaration
which reallocates undivided interests in the common areas and facilities so that the units depicted
on the supplemental condominium plat shall be allocated undivided interests in the common
areas and facilities on the same basis as the units depicted on the condominium plat that was
recorded 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, including
limited common areas and facilities, then the undivided interest in the common areas and
facilities appertaining to the convertible space shall afterward appertain to the remaining units
and shall be allocated among them in proportion to their undivided interests in the common areas
and facilities. 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 an amendment to the declaration reflecting the reallocation of undivided interest
produced by the conversion.
(4) (a) If the expiration or termination of any lease of a leasehold condominium causes a
contraction of the condominium project which reduces the number of units, or if the withdrawal
of withdrawable land of a contractible condominium causes a contraction of the condominium
project which reduces the number of units, the undivided interest in the common areas and
facilities 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 and
facilities.
(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 an
amendment to the declaration, reflecting the reallocation of undivided interests produced by the
reduction of units.
Amended by Chapter 265, 2003 General Session
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Last revised: Thursday, May 28, 2009