57-8-7.2. Scope — Designation of certain areas

(1) Unless otherwise provided in the declaration, this section applies to a unit if the declaration designates a wall, floor, or ceiling as a boundary of the unit.

(2) (a) The following are part of a unit:

(i) lath;

(ii) furring;

(iii) wallboard;

(iv) plasterboard;

(v) plaster;

(vi) paneling;

(vii) tiles;

(viii) wallpaper;

(ix) paint;

(x) finished flooring; and

(xi) any other material constituting part of the finished surface of a wall, floor, or ceiling.

(b) Any portion of a wall, floor, or ceiling not listed in Subsection (2)(a) is part of the common areas and facilities.

(3) If a chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit:

(a) any portion of an item described in this Subsection (3) serving only that unit is part of the limited common areas and facilities; and

(b) any portion of an item described in this Subsection (3) is part of the common areas and facilities if the item serves:

(i) more than one unit; or

(ii) any portion of the common areas and facilities.

(4) Subject to Subsection (3), the following within the boundaries of a unit are part of the unit:

(a) spaces;

(b) interior partitions; and

(c) other fixtures and improvements.

(5) The following, if designated to serve a single unit but located outside the unit’s boundaries, are limited common areas and facilities allocated exclusively to a unit:

(a) a shutter;

(b) an awning;

(c) a window box;

(d) a doorstep;

(e) a stoop;

(f) a porch;

(g) a balcony;

(h) a patio;

(i) an exterior door;

(j) an exterior window; and

(k) any other fixture.

 

Enacted by Chapter 290, 2004 General Session

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