Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 243 Second Substitute (2017GS)

Sponsor

Rep. Webb, R. C.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses ownership, conveyance, and modification of a parcel designated as a common area or a common area and facility on a recorded plat;
• reduces the percentage of landowners required to approve certain conveyances;
• amends requirements for recording a certain subdivision plat; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

COMMON AREA LAND USE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: R. Curt Webb
Senate Sponsor: 
D. Gregg Buxton
LONG TITLE
General Description:
This bill modifies provisions related to common areas and land use.
Highlighted Provisions:
This bill:
▸ addresses ownership, conveyance, and modification of a parcel designated as a
common area or a common area and facility on a recorded plat;
▸ reduces the percentage of landowners required to approve certain conveyances;
▸ amends requirements for recording a certain subdivision plat; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-604
, as last amended by Laws of Utah 2010, Chapter 381
10-9a-606
, as last amended by Laws of Utah 2015, Chapter 327
17-27a-604
, as last amended by Laws of Utah 2015, Chapter 465
17-27a-606
, as last amended by Laws of Utah 2015, Chapter 327
57-8-32
, as enacted by Laws of Utah 1963, Chapter 111
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-604
 is amended to read:
10-9a-604.
Subdivision plat approval procedure -- Effect of not complying.
(1) A person may not submit a subdivision plat to the county recorder's office for
recording unless:
(a) the person has complied with the requirements of Subsection 
10-9a-603
(4)(a);
(b) the plat has been approved by:
(i) the land use authority of the municipality in which the land described in the plat is
located; and
(ii) other officers that the municipality designates in its ordinance; [
and
]
(c) all approvals described in Subsection (1)(b) are entered in writing on the plat by the
designated officers[
.
]
; and
(d) if the person submitting the plat intends the plat to be or if the plat is part of a
community association subject to Title 57, Chapter 8a, Community Association Act, the plat
includes language conveying to the association, as that term is defined in Section 
57-8a-102
, all
common areas, as that term is defined in Section 
57-8a-102
.
(2) A subdivision plat recorded without the signatures required under this section is
void.
(3) A transfer of land pursuant to a void plat is voidable.
Section 2. Section 
10-9a-606
 is amended to read:
10-9a-606.
Common area parcels on a plat -- No separate ownership --
Ownership interest equally divided among other parcels on plat and included in
description of other parcels.
(1) As used in this section:
(a) "Association" means the same as that term is defined in:
(i) regarding a common area, Section 
57-8a-102
; and
(ii) regarding a common area and facility, Section 
57-8-3
.
(b) "Common area" means the same as that term is defined in Section 
57-8a-102
.
(c) "Common area and facility" means the same as that term is defined in Section
57-8-3
.
(d) "Declarant" means the same as that term is defined in:
(i) regarding a common area, Section 
57-8a-102
; and
(ii) regarding a common area and facility, Section 
57-8-3
.
(e) "Declaration," regarding a common area and facility, means the same as that term is
defined in Section 
57-8-3
.
(f) "Period of administrative control" means the same as that term is defined in:
(i) regarding a common area, Section 
57-8a-102
; and
(ii) regarding a common area and facility, Section 
57-8-3
.
[
(1) (a)
] 
(2)
 A 
person may not separately own, convey, or modify a
 parcel designated as
a common [
or community
] area 
or common area and facility,
 on a plat recorded in compliance
with this part [
may not be separately owned or conveyed
]
,
 independent of the other lots, units,
or parcels created by the plat unless:
(a) an association holds in trust the parcel designated as a common area for the owners
of the other lots, units, or parcels created by the plat; or
(b) the conveyance or modification is approved under Subsection (5).
[
(i) the parcel is being acquired by a municipality for a governmental purpose; and
]
[
(ii) the conveyance is approved by the owners of at least 75% of the lots, units, or
parcels on the plat, after the municipality gives its approval.
]
[
(b) A notice of the owner approval described in Subsection (1)(a)(ii) shall be:
]
(3) If a conveyance or modification of a common area or common area and facility is
approved in accordance with Subsection (5), the person who presents the instrument of
conveyance to a county recorder shall:
[
(i)
] 
(a)
 [
attached
] 
attach a notice of the approval described in Subsection (5)
 as an
exhibit to the document of conveyance; or
[
(ii)
] 
(b)
 [
recorded
] 
record a notice of the approval described in Subsection (5)
concurrently with the conveyance as a separate document.
[
(2) The ownership interest in a parcel described in Subsection (1) shall:
]
(4) When a plat contains a common area or common area and facility:
(a) for purposes of assessment, [
be divided equally among all parcels created by the
plat
] 
each parcel that the plat creates has an equal ownership interest in the common area or
common area and facility within the plat
, unless 
the plat or an accompanying recorded
document indicates
 a different division of interest for assessment purposes [
is indicated on the
plat or an accompanying recorded document
]; and
(b) [
be considered to be included in the description of
] each instrument describing a
parcel on the plat by [
its
] 
the parcel's
 identifying plat number 
implicitly includes the ownership
interest in the common area or common area and facility
, even if [
the common or community
area
] 
that ownership
 interest is not explicitly stated in the instrument.
[
(3) A parcel designated as common or community area on a plat before, on, or after
May 12, 2015, may be modified in size and location if the modification:
]
[
(a) is approved as part of a subdivision plat amendment by the local government;
]
[
(b) is approved by at least 75%
]
(5) Notwithstanding Subsection (2), a person may modify the size or location of or
separately convey a common area or common area and facility if the following approve the
conveyance or modification:
(a) the local government;
(b) (i) for a common area that an association owns, 67%
 of the voting interests in [
a
homeowners
] 
the
 association [
having an interest in the common or community area, if any
]; 
or
[
(c) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
there is no homeowners association having an interest in the common or community area, if
any; and
]
(ii) for a common area that an association does not own, or for a common area and
facility, 67% of the owners of lots, units, and parcels designated on a plat that is subject to a
declaration and on which the common area or common area and facility is included; and
(c) during the period of administrative control, the declarant.
[
(d) does not create a new buildable lot.
]
[
(4) A parcel designated as common or community area on a plat before, on, or after
May 12, 2015, may be modified in size without a subdivision plat amendment approval by the
local government, if the modification:
]
[
(a) is a lot line adjustment approved by at least 75% of the voting interests in a
homeowners association having an interest in the common or community area, if any;
]
[
(b) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
there is no homeowners association having an interest in the common or community area, if
any; and
]
[
(c) does not create a new buildable lot.
]
Section 3. Section 
17-27a-604
 is amended to read:
17-27a-604.
Subdivision plat approval procedure -- Effect of not complying.
(1) A person may not submit a subdivision plat to the county recorder's office for
recording unless:
(a) the person has complied with the requirements of Subsection 
17-27a-603
(4)(a);
(b) the plat has been approved by:
(i) the land use authority of the:
(A) county in whose unincorporated area the land described in the plat is located; or
(B) mountainous planning district in whose area the land described in the plat is
located; and
(ii) other officers that the county designates in its ordinance; [
and
]
(c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
designated officers[
.
]
; and
(d) if the person submitting the plat intends the plat to be or if the plat is part of a
community association subject to Title 57, Chapter 8a, Community Association Act, the plat
includes language conveying to the association, as that term is defined in Section 
57-8a-102
, all
common areas, as that term is defined in Section 
57-8a-102
.
(2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,
Community Association Act.
(3) A plat recorded without the signatures required under this section is void.
(4) A transfer of land pursuant to a void plat is voidable.
Section 4. Section 
17-27a-606
 is amended to read:
17-27a-606.
Common area parcels on a plat -- No separate ownership --
Ownership interest equally divided among other parcels on plat and included in
description of other parcels.
(1) As used in this section:
(a) "Association" means the same as that term is defined in:
(i) regarding a common area, Section 
57-8a-102
; and
(ii) regarding a common area and facility, Section 
57-8-3
.
(b) "Common area" means the same as that term is defined in Section 
57-8a-102
.
(c) "Common area and facility" means the same as that term is defined in Section
57-8-3
.
(d) "Declarant" means the same as that term is defined in:
(i) regarding a common area, Section 
57-8a-102
; and
(ii) regarding a common area and facility, Section 
57-8-3
.
(e) "Declaration," regarding a common area and facility, means the same as that term is
defined in Section 
57-8-3
.
(f) "Period of administrative control" means the same as that term is defined in:
(i) regarding a common area, Section 
57-8a-102
; and
(ii) regarding a common area and facility, Section 
57-8-3
.
[
(1) (a)
] 
(2)
 A 
person may not separately own, convey, or modify a
 parcel designated as
a common [
or community
] area 
or common area and facility
 on a plat recorded in compliance
with this part [
may not be separately owned or conveyed
]
,
 independent of the other lots, units,
or parcels created by the plat unless:
[
(i) the parcel is being acquired by a county for a governmental purpose; and
]
[
(ii) the conveyance is approved by
]
(a) an association holds in trust the parcel designated as a common area for the owners
of the other lots, units, or parcels created by the plat; or
(b) the conveyance or modification is approved under Subsection (5).
[
(b) A notice of the approval required in Subsection (1)(a)(ii) shall be:
]
(3) If a conveyance or modification of a common area or common area and facility is
approved in accordance with Subsection (5), the person who presents the instrument of
conveyance to a county recorder shall:
[
(i)
] 
(a)
 [
attached
] 
attach a notice of the approval described in Subsection (5)
 as an
exhibit to the document of conveyance; or
[
(ii)
] 
(b)
 [
recorded
] 
record a notice of the approval described in Subsection (5)
concurrently with the conveyance as a separate document.
[
(2) The ownership interest in a parcel described in Subsection (1) shall:
]
(4) When a plat contains a common area or common area and facility:
(a) [
for purposes of assessment, be divided equally among all parcels created by the
plat, unless 
] 
each parcel that the plat creates has an equal ownership interest in the common
area or common area and facility within the plat, unless the plat or an accompanying recorded
document indicates
 a different division of interest for assessment purposes [
is indicated on the
plat or an accompanying recorded document
]; and
(b) [
be considered to be included in the description of
] each instrument describing a
parcel on the plat by [
its
] 
the parcel's
 identifying plat number 
implicitly includes the ownership
interest in the common area or common area and facility within the plat
, even if [
the common
or community area
] 
that ownership
 interest is not explicitly stated in the instrument.
[
(3) A parcel designated as common or community area on a plat before, on, or after
May 12, 2015, may be modified in size and location if the modification:
]
(5) Notwithstanding Subsection (2), a person may modify the size or location of or
separately convey a common area or common area and facility if the following approve the
conveyance or modification:
[
(a) is approved as part of a subdivision plat amendment by the local government;
]
(a) the local government;
[
(b) is approved by at least 75%
]
(b) (i) for a common area that an association owns, 67%
 of the voting interests in [
a
homeowners
] 
the
 association [
having an interest in the common or community area, if any
]; 
or
[
(c) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
there is no homeowners association having an interest in the common or community area, if
any; and
]
(ii) for a common area that an association does not own, or for a common area and
facility, 67% of the owners of lots, units, and parcels designated on a plat that is subject to a
declaration and on which the common area or common area and facility is included; and
(c) during the period of administrative control, the declarant.
[
(d) does not create a new buildable lot.
]
[
(4) A parcel designated as common or community area on a plat before, on, or after
May 12, 2015, may be modified in size without a subdivision plat amendment approval by the
local government, if the modification:
]
[
(a) is a lot line adjustment approved by at least 75% of the voting interests in a
homeowners association having an interest in the common or community area, if any;
]
[
(b) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
there is no homeowners association having an interest in the common or community area, if
any; and
]
[
(c) does not create a new buildable lot.
]
Section 5. Section 
57-8-32
 is amended to read:
57-8-32.
Sale of property.
(1)
 Unless otherwise provided in the declaration or bylaws, and notwithstanding the
provisions of Sections 
57-8-30
 and 
57-8-31
, the unit owners may, 
at a meeting of unit owners
called for the purpose of voting,
 by an affirmative vote of at least [
three-fourths of such
] 
67%
of
 unit owners, [
at a meeting of unit owners duly called for such purpose,
] elect to sell or
otherwise dispose of the property. [
Such action shall be
]
(2) An affirmative vote described in Subsection (1) is
 binding upon all unit owners
,
and [
it shall thereupon become the duty of every
] 
each
 unit owner [
to
] 
shall
 execute and deliver
[
such
] 
the appropriate
 instruments and [
to
] perform all acts as [
in manner and form may be
]
necessary to effect the sale.