10-9a-606 - Common or community area parcels on a plat -- No separate ownership -- Ownership interest equally divided among other parcels on plat and included in description of other parcels.
10-9a-606. Common or community area parcels on a plat -- No separate ownership-- Ownership interest equally divided among other parcels on plat and included indescription of other parcels.
(1) (a) A parcel designated as a common or community area on a plat recorded incompliance with this part may not be separately owned or conveyed independent of the otherlots, units, or parcels created by the plat unless:
(i) the parcel is being acquired by a municipality for a governmental purpose; and
(ii) the conveyance is approved by the owners of at least 75% of the lots, units, or parcelson the plat, after the municipality gives its approval.
(b) A notice of the owner approval described in Subsection (1)(a)(ii) shall be:
(i) attached as an exhibit to the document of conveyance; or
(ii) recorded concurrently with the conveyance as a separate document.
(2) The ownership interest in a parcel described in Subsection (1) shall:
(a) for purposes of assessment, be divided equally among all parcels created by the plat,unless a different division of interest for assessment purposes is indicated on the plat or anaccompanying recorded document; and
(b) be considered to be included in the description of each instrument describing a parcelon the plat by its identifying plat number, even if the common or community area interest is notexplicitly stated in the instrument.
Amended by Chapter 381, 2010 General Session