Effective 5/6/2026
57-8a-232 Sale of common areas.
(1)As used in this section:
(a)”Condemnor” means the same as that term is defined in Section 78B-6-520.3.
(b)”Under threat of condemnation” means the same as that term is defined in Section 78B-6-520.3.
(2)Subject to Subsection 10-20-809(5) or 17-79-709(5), unless otherwise provided in the governing documents, an association may by an affirmative vote of at least 67% of the voting interests of the association, elect to sell, convey, transfer, or otherwise dispose of all or part of the common areas.
(3)An affirmative vote described in Subsection (2) is binding upon all lot owners, and each lot owner shall execute and deliver the appropriate instruments and perform all acts as necessary to effect the sale, conveyance, transfer, or other disposition of the common areas.
(4)The general easement of ingress, egress, and use of the common areas and facilities granted to an association and lot owners through recorded governing documents is extinguished in any portion of the common areas the association sells, conveys, transfers, or otherwise disposes of, if:
(a)the lot owners, in selling, conveying, transferring, or otherwise disposing of the portion of the common areas, comply with:
(i)the provisions of this section; and
(ii)Section 10-20-809 or 17-79-709; and
(b)the sale, conveyance, transfer, or other disposition of the portion of the common areas results in a person other than the association owning the portion of the common areas.
(5)This section applies to an association regardless of when the association is created.
(6)A declarant may not sell or otherwise encumber any part of the common areas during the period of administrative control, except:
(a)as provided in Section 10-20-809 or 17-79-709; or
(b)if the declarant sells or otherwise encumbers a part of the common areas and facilities that are under threat of condemnation to a condemnor.
(7)Unless otherwise prohibited by the association’s governing documents, an authorized representative of the association may act as attorney-in-fact for the association’s lot owners in executing a sale, conveyance, transfer, or other disposition of the common areas following an affirmative vote described in Subsection (2).

Amended by Chapter 62, 2026 General Session