Common profits, common expenses, and voting rights -- Unit -- Unconstructed unit.

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  • (1) A unit is created by the recording of the declaration and a condominium plat that describes the unit.
  • (2) An association of unit owners shall, according to each unit owner's respective percentage or fractional undivided interests in the common areas and facilities:
    • (a) distribute the property's common profits among the unit owners;
    • (b) except as otherwise provided in the declaration for unconstructed units, assess the unit owners the property's common expenses; and
    • (c) make voting rights available to the unit owners.
  • (3)
    • (a) After the recording of a condominium project's declaration, an unconstructed unit is a unit for the purposes of the declaration and this chapter, including:
      • (i) allocation of undivided interests in the common areas and facilities in accordance with Subsection 57-8-7(2); and
      • (ii) voting rights in accordance with Section 57-8-24.
    • (b) Subsection (3)(a) applies to a condominium project regardless of when the condominium project's initial declaration was recorded.




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