This is a historical version of this section. See bottom of page for effective date.

Superseded May 14, 2013.

57-8a-105.   Registration with Department of Commerce.  

(1) As used in this section, "department" means the Department of Commerce created in Section 13-1-2.

(2) (a) No later than 90 days after the recording of a declaration of covenants, conditions, and restrictions establishing an association, the association shall register with the department in the manner established by the department.
     (b) An association existing under a declaration of covenants, conditions, and restrictions recorded before May 10, 2011, shall, no later than July 1, 2011, register with the department in the manner established by the department.

(3) The department shall require an association registering as required in this section to provide with each registration:
     (a) the name and address of the association;
     (b) the name, address, telephone number, and, if applicable, email address of the chair of the association board;
     (c) contact information for the manager;
     (d) the name, address, telephone number, and, if the contact person wishes to use email or facsimile transmission for communicating payoff information, the email address or facsimile number, as applicable, of a primary contact person who has association payoff information that a closing agent needs in connection with the closing of a lot owner's financing, refinancing, or sale of the owner's lot; and
     (e) a registration fee not to exceed $37.

(4) An association that has registered under Subsection (2) shall submit to the department an updated registration, in the manner established by the department, within 90 days after a change in any of the information provided under Subsection (3).

(5) (a) During any period of noncompliance with the registration requirement of Subsection (2) or the requirement for an updated registration under Subsection (4):
            (i) a lien for the nonpayment of an assessment may not arise under Section 57-8a-203 against any lot; and
            (ii) an association may not enforce a previous lien under Section 57-8a-203 against any lot.
     (b) A period of noncompliance with the registration requirement of Subsection (2) or with the updated registration requirement of Subsection (4) does not begin until after the expiration of the 90-day period specified in Subsection (2) or (4), respectively. 

Amended by Chapter 63, 2012 General Session