Title 33 – Property

Chapter 4 – Conveyances and Deeds

Article 7 – Uniform Unlawful Restrictions in Land Records Act

In this article, unless the context otherwise requires:

1. “Amendment” means a document that removes an unlawful restriction.

2. “Document” means a record recorded or eligible to be recorded in land records.

3. “Governing instrument” means a declaration of a condominium as prescribed in chapter 9 of this title or of a planned community as prescribed in chapter 16 of this title or any document recorded in land records that does any of the following:

(a) Establishes a governing body of an association of owners that is identified in a document and that is responsible for managing common areas or facilities used by more than one owner of a property interest affected by the document.

(b) Requires contribution of assessments or dues from owners of property that is enforceable by a lien on a separate property interest for expenses incurred by a governing body of an association of owners in the performance of obligations established for the common benefit of the owners of the real property described in the document.

(c) Establishes prohibitions, restrictions, covenants or conditions on the transfer, use or occupancy of the real property described in the document that are to be enforced by a governing body of an association of owners identified in a document.

4. “Index” means a system that enables a search for a document in land records.

5. “Land records” means documents and indexes maintained by a recorder.

6. “Owner” means a person that has a fee interest in real property.

7. “Person” means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, instrumentality or other legal entity.

8. “Record”, used as a noun, means information that is either of the following:

(a) Inscribed on a tangible medium.

(b) Stored in an electronic or other medium and retrievable in perceivable form.

9. “Recorder” means the county recorder.

10. “Remove” means eliminate any apparent or purportedly continuing effect on title to real property.

11. “Unlawful restriction” means a prohibition, restriction, covenant or condition in a document that interferes with or restricts the transfer, use or occupancy of real property on the basis of race, color, religion, national origin, sex, familial status or disability in violation of state or federal law.