57-8-2. Applicability of chapter

This act shall be applicable only to property which the sole owner or all the owners submit to the provisions of the actfn1 by duly executingfn2 and recording a declaration as provided in the act.


Enacted by Chapter 111, 1963 General Session


FN 1.  Whether of not the property has been submitted to the provisions of the Condo Act marks the fundamental distinction between a condominium project and a noncondominium project.  In other words, you can't tell whether a project is a condominium project or not by looking at it (although if the project contains stacked units, it is invariably a condominium project).  Take for example a project of attached townhomes that may look and seem like they could be condominiums.  If there is not express wording in the declaration submitting the property to the Condominium Ownership Act consising of "a statement of intention that [the Act] applies to the property," (as required by Section 57-8-10(2)(d)(vi)), then the property is not a condominium project. 

FN 2.  See also definition of declarant.


Print   Email