Utah § 17-79-709 - 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.
Full text of Utah Utah Code § 17-79-709 — 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., with citation guidance and answers to common questions.
§ 17-79-709. 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.
Effective 5/6/2026 17-79-709.
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:
regarding a common area and facility, Section 57-8-3.
(h)
"Under threat of condemnation" means the same as that term is defined in Section 78B-6-520.3.
(2)
A person may not separately own, convey, or modify a parcel designated as a common area or common area and facility on a plat recorded in compliance with this part, 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;
(b)
the conveyance or modification is approved under Subsection (5); or
(c)
the conveyance or modification is made in accordance with Subsection (6).
(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:
(a)
attach a notice of the approval described in Subsection (5) as an exhibit to the document of conveyance; or
(b)
record a notice of the approval described in Subsection (5) concurrently with the conveyance as a separate document.
(4)
When a plat contains a common area or common area and facility:
(a)
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; and
(b)
each instrument describing a parcel on the plat by 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 that ownership interest is not explicitly stated in the instrument.
(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 the association; or
(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.
(6)
(a)
Notwithstanding Subsection (2), an individual may convey a portion of a common area and facility in accordance with Section 57-8-32 or 57-8a-232, if:
(i)
the individual is authorized to act on behalf of an association by:
(A)
a vote of the association's board, either before or after the threat of condemnation arises; or
(B)
if the association is defunct or unable to act through a board, the association's governing documents;
(ii)
the common area or common area and facility is under threat of condemnation; and
(iii)
the individual makes the conveyance to a condemnor.
(b)
If an individual makes a conveyance in accordance with Subsection (6)(a), no lot owner or unit owner is required to approve the conveyance or modification.
Section 17-79-709 ("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.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 17-79-709?
A common citation format is "Utah Code § 17-79-709" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 17-79-709 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
