B. Investment LC v. Anderson, 270 P.3d 548

Quiet title action over a beachfront stretch at Bear Lake within Spinnaker Point, a hybrid condo project with both traditional condo units and single-family lots.
Spinnaker Point was created in 1984; in 2001 the property was re-platted/amended to five lots, with Lots 1,3,4,5 designated for single-family dwellings.
A Limited Common Area (LCA) consisting of a corridor between Lots 2 and 3 and a beachfront area abutting Lots 2 and 3 was created and cross-hatched on the plat.
Dispute centers on whether the LCA is owned equally by Condo Owners and Lot Owners or solely by Condo Owners; Exhibit C of the Amended Declaration vs. a note on the Amended Plat appear to conflict.
Trial court granted summary judgment in favor of the Lot Owners; the Utah Court of Appeals affirms, holding equal undivided interests in the LCA for both groups; declaratory action shows no default by Condo Owners; no attorney fees awarded on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ownership of the Limited Common Area	Lot Owners and Condo Owners share 14.286% each per Exhibit C	Condo Owners own the LCA exclusively per Amended Plat note	Equal undivided interests for Lot Owners and Condo Owners
Attorney fees under the Amended Declaration	Fees should be awarded to prevailing party under declaration	No default or breach; Faulkner controls; fees denied	No attorney fees awarded on cross-appeal

Country Oaks Condominium Mgmt. Comm. v. Jones, 851 P.2d 640 (Utah 1993) (definition of a unit and how declarations govern interests under the Act)
Shiba v. Shiba, 186 P.3d 329 (Utah 2008) (tenants in common presumed equal shares in common property)
Faulkner v. Farnsworth, 714 P.2d 1149 (Utah 1986) (attorney fees awarded only when contract allows and default shown)
Gardiner v. York, 153 P.3d 791 (Utah 2006) (attorney fees reviewed for correctness under contract terms)
Turtle Mgmt., Inc. v. Haggis Mgmt., Inc., 645 P.2d 667 (Utah 1982) (attorney fees awarded only as contract provides)