57-8-36. Existing projects -- Effect of statutory amendments.
Any condominium project established by instruments filed for record prior to the
effective date of the foregoing amendments to the Condominium Ownership Act (hereinafter
referred to as an "existing project") and the rights and obligations of all parties interested in any
such existing project shall, to the extent that the declaration, bylaws, and condominium plat
concerning the existing project are inconsistent with the provisions of these amendments, be
governed and controlled by the provisions of the Condominium Ownership Act as they existed
prior to these amendments and by the terms of the existing project's declaration, bylaws, and
condominium plat to the extent that these terms are consistent with applicable law other than
these amendments. Any existing project containing or purporting to contain time period units,
convertible land, or convertible space, any existing project which is or purports to be a
contractible, expandable, or leasehold condominium, the validity of any such project, and the
validity and enforceability of any provisions concerning time period units, convertible land,
convertible space, withdrawable land, additional land, or leased land which are set forth in an
existing project's declaration, bylaws, or condominium plat, shall be governed by applicable law
in effect prior to these amendments, including principles relating to reasonableness, certainty,
and constructive and actual notice, shall not necessarily be ineffective or defeated in whole or in
part because the project or provision in question does not comply or substantially comply with
those requirements of the foregoing amendments which would have been applicable had the
instruments creating the project been recorded after the effective date of these amendments, but
shall, in any event, be valid, effective, and enforceable if the project or provision in question
either substantially complies with those requirements of the foregoing amendments which relate
to the subject at issue or employs an arrangement which substantially achieves the same policy as
underlies those requirements of the foregoing amendments which relate to the subject at issue.
Amended by Chapter 265, 2003 General Session
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Last revised: Thursday, May 28, 2009