S.B. 147

1

CONDOMINIUM AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael G. Waddoups
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Condominium Ownership Act.
9 Highlighted Provisions:
10 This bill:
11 . designates certain areas within a condominium as:
12 . part of a unit;
13 . common areas and facilities; or
14 . limited common areas and facilities.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 57-8-7.2, Utah Code Annotated 1953
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 57-8-7.2 is enacted to read:
25 57-8-7.2. Scope -- Designation of certain areas.
26 (1) Unless otherwise provided in the declaration, this section applies to a unit if the
27 declaration designates a wall, floor, or ceiling as a boundary of the unit.

28 (2) (a) The following are part of a unit:
29 (i) lath;
30 (ii) furring;
31 (iii) wallboard;
32 (iv) plasterboard;
33 (v) plaster;
34 (vi) paneling;
35 (vii) tiles;
36 (viii) wallpaper;
37 (ix) paint;
38 (x) finished flooring; and
39 (xi) any other material constituting part of the finished surface of a wall, floor, or
40 ceiling.
41 (b) Any portion of a wall, floor, or ceiling not listed in Subsection (2)(a) is part of the
42 common areas and facilities.
43 (3) If a chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other
44 fixture lies partially within and partially outside the designated boundaries of a unit:
45 (a) any portion of an item described in this Subsection (3) serving only that unit is part
46 of the limited common areas and facilities; and
47 (b) any portion of an item described in this Subsection (3) is part of the common areas
48 and facilities if the item serves:
49 (i) more than one unit; or
50 (ii) any portion of the common areas and facilities.
51 (4) Subject to Subsection (3), the following within the boundaries of a unit are part of
52 the unit:
53 (a) spaces;
54 (b) interior partitions; and
55 (c) other fixtures and improvements.
56 (5) The following, if designated to serve a single unit but located outside the unit's
57 boundaries, are limited common areas and facilities allocated exclusively to a unit:
58 (a) a shutter;

59 (b) an awning;
60 (c) a window box;
61 (d) a doorstep;
62 (e) a stoop;
63 (f) a porch;
64 (g) a balcony;
65 (h) a patio;
66 (i) an exterior door;
67 (j) an exterior window; and
68 (k) any other fixture.




Legislative Review Note
as of 1-20-04 2:04 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel