9-1-103. DEFINITIONS.
Whenever any words or phrases used in this Title are not defined herein, but are defined in related sections of the Utah Code, in the Zoning Ordinance, or in the Subdivision Ordinance, such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention.
Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term shall is always mandatory, and the term may is permissive. The following terms, as used in this Title, shall have the respective meanings hereinafter set forth:
(1) “Building” means a building containing units, and comprising a part of a property.
(2) “City” means West Valley City, Utah.
(3) “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. Condominium also means planned unit development, as defined in this Section, unless the context clearly indicates otherwise.
(4) “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.
(5) “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.
(6) “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.
(7) “Common Areas and Facilities,” unless otherwise provided in the declaration or lawful amendments thereto, mean and include:
a. The land included within the condominium project, whether leasehold or in fee simple;
b. The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the building;
c. The basements, yard, gardens, parking areas and storage spaces;
d. The premises for lodging of janitors or persons in charge of the property;
e. Installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;
f. The elevators, tanks, pumps, motors, fans, compressors, ducts and, in general, all apparatus and installations existing for common use;
g. Such community and commercial facilities as may be provided for in the declaration; and
h. All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.
(8) “Common Expenses” mean and include:
a. All sums lawfully assessed against the unit owners;
b. Expenses of administration, maintenance, repair or replacement of the common areas and facilities;
c. Expenses agreed upon as common expenses by the association of unit owners; and
d. Expenses declared common expenses by provisions of this Chapter, or by the declaration or the bylaws.
(9) “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.
(10) “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.
(11) “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.
(12) “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.
(13) “Person” means any person, firm, corporation, partnership or association.
(14) “Planned Unit Development” means an integrated design for development of residential, commercial or industrial uses in which one or more of the regulations, other than use regulations, of the district in which the development is to be situated is waived or varied to allow flexibility and initiative in site and building design and location in accordance with an approved plan and imposed general requirements as specified in this Title. In exchange for design flexibility, a planned unit development shall include:
a. Common Recreation Spaces and/or common Landscaping; and
b. For residential Uses, Amenities not otherwise possible by typical development standards.
(15) “Record of Survey Map” means a plat or plats of survey of land and units prepared in accordance with the requirements of the West Valley City Subdivision Ordinance.
(16) “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 or a time period unit, as the context may require.
(17) “Unit Number” means the number, letter or combination thereof designating the unit in the declaration and on the record of survey map.
(18) “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 or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms.