- (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, pipe, 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.
Amended by Chapter 519, 2024 General Session