Full text of Utah Utah Code § 8a-232 — Sale of common areas., with citation guidance and answers to common questions.
§ 8a-232. Sale of common areas.
Effective 5/6/2026 57-8a-232.
Sale of common areas.
(1)
As used in this section:
(a)
"Condemnor" means the same as that term is defined in Section 78B-6-520.3.
(b)
"Under threat of condemnation" means the same as that term is defined in Section 78B-6-520.3.
(2)
Subject to Subsection 10-20-809(5) or 17-79-709(5), unless otherwise provided in the governing documents, an association may by an affirmative vote of at least 67% of the voting interests of the association, elect to sell, convey, transfer, or otherwise dispose of all or part of the common areas.
(3)
An affirmative vote described in Subsection (2) is binding upon all lot owners, and each lot owner shall execute and deliver the appropriate instruments and perform all acts as necessary to effect the sale, conveyance, transfer, or other disposition of the common areas.
(4)
The general easement of ingress, egress, and use of the common areas and facilities granted to an association and lot owners through recorded governing documents is extinguished in any portion of the common areas the association sells, conveys, transfers, or otherwise disposes of, if:
(a)
the lot owners, in selling, conveying, transferring, or otherwise disposing of the portion of the common areas, comply with:
the sale, conveyance, transfer, or other disposition of the portion of the common areas results in a person other than the association owning the portion of the common areas.
(5)
This section applies to an association regardless of when the association is created.
(6)
A declarant may not sell or otherwise encumber any part of the common areas during the period of administrative control, except:
if the declarant sells or otherwise encumbers a part of the common areas and facilities that are under threat of condemnation to a condemnor.
(7)
Unless otherwise prohibited by the association's governing documents, an authorized representative of the association may act as attorney-in-fact for the association's lot owners in executing a sale, conveyance, transfer, or other disposition of the common areas following an affirmative vote described in Subsection (2).
Section 8a-232 ("Sale of common areas.") 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 § 8a-232?
A common citation format is "Utah Code § 8a-232" (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 § 8a-232 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.
