Chapter 16.57 CONDOMINIUMS
Section 16.57.020 Definitions.
For purposes of this chapter, the following terms shall be defined as follows:
A. Building means a structure
containing units, and comprising a part of a property.
B. City means Vernal, Utah.
C. Condominium means the
ownership of a single unit in a multiunit project, together with
an undivided interest in common in the common areas and facilities of the property.
D. Condominium Project means
a real estate condominium project; a plan or project
whereby two or more units, whether contained in existing or proposed apartments, commercial or
industrial buildings, or structures or otherwise, are separately offered or proposed to be offered
for sale. Condominium project shall also mean the property when the context so requires.
E. Condominium Unit means
a unit, together with the undivided interest in the common
areas and facilities appertaining to that unit. Any reference in this act to a condominium unit
includes both a physical unit, together with its appurtenant and undivided interest in the common
areas and facilities, and a time period unit, together with its appurtenant undivided interest,
unless the reference is specifically limited to a time period unit.
F. Conversion means a proposed
change in the type of ownership of a parcel or parcels of
land and/or existing structures from single ownership, such as an apartment house or multifamily
dwelling into a "condominium project," as herein defined with arrangements involving separate
ownership of individual condominium units and joint collective ownership of common areas or
facilities.
G. Common Areas and Facilities,
unless otherwise provided in the declaration or lawful
amendments thereto, mean and include:
1. The land
included within the condominium project, whether leasehold or in fee simple;
2. The foundations,
columns, girders, beams, supports, main walls, roofs, halls, corridors,
lobbies, stairs, stairways, fire escapes, and entrances and exits of the building;
3. The basements,
yard, gardens, parking areas and storage spaces;
4. The premises
for lodging of janitors or persons in charge of the property;
5. Installations
of central services such as power, light, gas, hot and cold water, heating,
refrigeration, air conditioning and incinerating;
6. The elevators,
tanks, pumps, motors, fans, compressors, ducts and, in general, all
apparatus and installations existing for common use;
7. Such community
and commercial facilities as may be provided for in the declaration;
and
8. All other
parts of the property necessary or convenient to its existence, maintenance and
safety, or normally in common use.
H. Common Expenses mean and
include:
1. All sums
lawfully assessed against the unit owners;
2. Expenses
of administration, maintenance, repair or replacement of the common areas
and facilities;
3. Expenses agreed
upon as common expenses by the association of unit owners; and
4. Expenses declared
common expenses by provisions of this Chapter, or by the
declaration or the bylaws.
I. Declarant means all persons
who execute the declaration or on whose behalf the
declaration is executed. From the time of the recordation of any amendment to the declaration
expanding an expandable condominium, all persons who execute that amendment or on whose
behalf that amendment is executed shall also come within this definition. Any successors of the
persons referred to in this subsection who come to stand in the same relation to the condominium
project as their predecessors did shall also come within this definition.
J. Declaration means a recorded
declaration containing covenants, conditions and
restrictions relating to the condominium project which shall be prepared in conformance with the
provisions of Section 57-8-10, Utah Code Annotated, 1953, as amended.
K. Limited Common Areas and Facilities
mean and include those common areas and
facilities designated in the declaration as reserved for use of a certain unit or units to the
exclusion of the other units.
L. Open Space means landscaped
areas that are not occupied by buildings, structures,
parking areas, streets or alleys and are devoted to recreation use or preservation of natural
features.
M. Property means and includes
the land, whether leasehold or in fee simple, the building,
if any, all improvements and structures thereon, all easements, rights and appurtenances
belonging thereto, and all articles of personal property intended for use in connection therewith.
N. Person means any person,
firm, corporation, partnership or association.
O. Planned Residential Unit Development
means a development as defined in Chapter
16.16 of Vernal City Code.
P. Structure means anything
constructed or erected, the use of which requires location on
the ground or attachment to something having location on the ground.
Q. Unit means either a separate
physical part of the property intended for any type of
independent use, including one or more rooms or spaces located in one or more floors (or part or
parts of floors) in a building.
R. Unit Number means the
number, letter or combination thereof designating the unit in
the declaration and on the record of survey map.
S. Unit Owner means the person
or persons owning a unit in fee simple and an undivided
interest in the fee simple estate of the common areas and facilities in the percentage specified and
established in the declaration.
(Ord. 2008-20, Add, 11/05/2008)