1     
HOMEOWNER ASSOCIATION PROVISIONS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carol Spackman Moss

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Condominium Ownership Act and the Community Association
10     Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     amends the enforcement of a reinvestment fee covenant;
15          ▸     amends the enforcement of a lien during a period of noncompliance with
16     registration requirements;
17          ▸     amends and consolidates provisions regarding providing statements of unpaid
18     assessments and payoff information;
19          ▸     creates a statute of repose for certain claims; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          57-1-46, as enacted by Laws of Utah 2010, Chapter 16
28          57-8-13.1, as last amended by Laws of Utah 2013, Chapter 95
29          57-8-54, as enacted by Laws of Utah 2011, Chapter 355
30          57-8a-105, as last amended by Laws of Utah 2013, Chapter 95
31          57-8a-217, as last amended by Laws of Utah 2015, Chapter 325
32          57-8a-311, as enacted by Laws of Utah 2011, Chapter 355
33     REPEALS:
34          57-8-6.3, as enacted by Laws of Utah 2011, Chapter 255
35          57-8a-106, as last amended by Laws of Utah 2012, Chapter 369
36          57-8a-206, as enacted by Laws of Utah 2004, Chapter 153
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 57-1-46 is amended to read:
40          57-1-46. Transfer fee and reinvestment fee covenants.
41          (1) As used in this section:
42          (a) "Association expenses" means expenses incurred by a common interest association
43     for:
44          (i) the administration of the common interest association;
45          (ii) the purchase, ownership, leasing, construction, operation, use, administration,
46     maintenance, improvement, repair, or replacement of association facilities, including expenses
47     for taxes, insurance, operating reserves, capital reserves, and emergency funds;
48          (iii) providing, establishing, creating, or managing a facility, activity, service, or
49     program for the benefit of property owners, tenants, common areas, the burdened property, or
50     property governed by the common interest association; or
51          (iv) other facilities, activities, services, or programs that are required or permitted
52     under the common interest association's organizational documents.
53          (b) "Association facilities" means any real property, improvements on real property, or
54     personal property owned, leased, constructed, developed, managed, or used by a common
55     interest association, including common areas.
56          (c) "Burdened property" means the real property that is subject to a reinvestment fee
57     covenant or transfer fee covenant.
58          (d) "Common areas" means areas described within:
59          (i) the definition of "common areas and facilities" under Section 57-8-3; and
60          (ii) the definition of "common areas" under Section 57-8a-102.
61          (e) "Common interest association":
62          (i) means:
63          (A) an association, as defined in Section 57-8a-102;
64          (B) an association of unit owners, as defined in Section 57-8-3; or
65          (C) a nonprofit association; and
66          (ii) includes a person authorized by an association, association of unit owners, or
67     nonprofit association, as the case may be.
68          (f) "Large master planned development" means an approved development:
69          (i) of at least 500 acres or 500 units; and
70          (ii) that includes a commitment to fund, construct, develop, or maintain:
71          (A) common infrastructure;
72          (B) association facilities;
73          (C) community programming;
74          (D) resort facilities;
75          (E) open space; or
76          (F) recreation amenities.
77          (g) "Nonprofit association" means a nonprofit corporation organized under Title 16,
78     Chapter 6a, Utah Revised Nonprofit Corporation Act, to benefit, enhance, preserve, govern,
79     manage, or maintain burdened property.
80          (h) "Organizational documents":
81          (i) for an association, as defined in Section 57-8a-102, means governing documents as
82     defined in Section 57-8a-102;
83          (ii) for an association of unit owners, as defined in Section 57-8-3, means a declaration
84     as defined in Section 57-8-3; and
85          (iii) for a nonprofit association:
86          (A) means a written instrument by which the nonprofit association exercises powers or
87     manages, maintains, or otherwise affects the property under the jurisdiction of the nonprofit
88     association; and
89          (B) includes articles of incorporation, bylaws, plats, charters, the nonprofit
90     association's rules, and declarations of covenants, conditions, and restrictions.
91          (i) "Reinvestment fee covenant" means a covenant, restriction, or agreement that:
92          (i) affects real property; and
93          (ii) obligates a future buyer or seller of the real property to pay to a common interest
94     association, upon and as a result of a transfer of the real property, a fee that is dedicated to
95     benefitting the burdened property, including payment for:
96          (A) common planning, facilities, and infrastructure;
97          (B) obligations arising from an environmental covenant;
98          (C) community programming;
99          (D) resort facilities;
100          (E) open space;
101          (F) recreation amenities;
102          (G) charitable purposes; or
103          (H) association expenses.
104          (j) "Transfer fee covenant":
105          (i) means an obligation, however denominated, expressed in a covenant, restriction,
106     agreement, or other instrument or document:
107          (A) that affects real property;
108          (B) that is imposed on a future buyer or seller of real property, other than a person who
109     is a party to the covenant, restriction, agreement, or other instrument or document; and
110          (C) to pay a fee upon and as a result of a transfer of the real property; and
111          (ii) does not include:
112          (A) an obligation imposed by a court judgment, order, or decree;
113          (B) an obligation imposed by the federal government or a state or local government
114     entity; or
115          (C) a reinvestment fee covenant.
116          (2) A transfer fee covenant recorded on or after March 16, 2010 is void and
117     unenforceable.
118          (3) (a) Except as provided in Subsection (3)(b), a reinvestment fee covenant may not
119     be sold, assigned, or conveyed unless the sale, assignment, or conveyance is to a common
120     interest association that was formed to benefit the burdened property.
121          (b) A common interest association may assign or pledge to a lender the right to receive
122     payment under a reinvestment fee covenant if:
123          (i) the assignment or pledge is as collateral for a credit facility; and
124          (ii) the lender releases the collateral interest upon payment in full of all amounts that
125     the common interest association owes to the lender under the credit facility.
126          [(4) A reinvestment fee covenant recorded on or after March 16, 2010 is not
127     enforceable if the reinvestment fee covenant is intended to affect property that is the subject of
128     a previously recorded transfer fee covenant or reinvestment fee covenant.]
129          [(5)] (4) (a) Each common interest association may impose a single reinvestment fee
130     covenant on a property.
131          (b) A reinvestment fee covenant described in Subsection (4)(a) recorded on or after
132     March 16, 2010 may not obligate the payment of a fee that exceeds .5% of the value of the
133     burdened property, unless the burdened property is part of a large master planned development.
134          [(6)] (5) (a) A reinvestment fee covenant recorded on or after March 16, 2010 is void
135     and unenforceable unless a notice of reinvestment fee covenant, separate from the reinvestment
136     fee covenant, is recorded in the office of the recorder of each county in which any of the
137     burdened property is located.
138          (b) A notice under Subsection [(6)] (5)(a) shall:
139          (i) state the name and address of the common interest association to which the fee
140     under the reinvestment fee covenant is required to be paid;
141          (ii) include the notarized signature of the common interest association's authorized
142     representative;
143          (iii) state that the burden of the reinvestment fee covenant is intended to run with the
144     land and to bind successors in interest and assigns;
145          (iv) state that the existence of the reinvestment fee covenant precludes the [imposition
146     of] common interest association from imposing an additional reinvestment fee covenant on the
147     burdened property;
148          (v) state the duration of the reinvestment fee covenant;
149          (vi) state the purpose of the fee required to be paid under the reinvestment fee
150     covenant; and
151          (vii) state that the fee required to be paid under the reinvestment fee covenant is
152     required to benefit the burdened property.
153          (c) A recorded notice of reinvestment fee covenant that substantially complies with the
154     requirements of Subsection [(6)] (5)(b) is valid and effective.
155          [(7)] (6) (a) A reinvestment fee covenant or transfer fee covenant recorded before
156     March 16, 2010 is not enforceable after May 31, 2010, unless:
157          (i) a notice that is consistent with the notice described in Subsection [(6)] (5) is
158     recorded in the office of the recorder of each county in which any of the burdened property is
159     located; or
160          (ii) a notice of reinvestment fee covenant or transfer fee covenant, as described in
161     Subsection [(7)] (6)(b), is recorded in the office of the recorder of each county in which any of
162     the burdened property is located.
163          (b) A notice under Subsection [(7)] (6)(a)(ii) shall:
164          (i) include the notarized signature of the beneficiary of the reinvestment fee covenant
165     or transfer fee covenant, or the beneficiary's authorized representative;
166          (ii) state the name and current address of the beneficiary under the reinvestment fee
167     covenant or transfer fee covenant;
168          (iii) state that the burden of the reinvestment fee covenant or transfer fee covenant is
169     intended to run with the land and to bind successors in interest and assigns; and
170          (iv) state the duration of the reinvestment fee covenant or transfer fee covenant.
171          (c) A recorded notice of reinvestment fee covenant or transfer fee covenant that
172     substantially complies with the requirements of Subsection [(7)] (6)(b) is valid and effective.
173          [(8)] (7) A reinvestment fee covenant recorded on or after March 16, 2010 may not be
174     enforced upon:
175          (a) an involuntary transfer;
176          (b) a transfer that results from a court order;
177          (c) a bona fide transfer to a family member of the seller within three degrees of
178     consanguinity who, before the transfer, provides adequate proof of consanguinity;
179          (d) a transfer or change of interest due to death, whether provided in a will, trust, or
180     decree of distribution; or
181          (e) the transfer of burdened property by a financial institution, except to the extent that
182     the reinvestment fee covenant requires the payment of a common interest association's costs
183     directly related to the transfer of the burdened property, not to exceed $250.
184          Section 2. Section 57-8-13.1 is amended to read:
185          57-8-13.1. Registration with Department of Commerce.
186          (1) As used in this section, "department" means the Department of Commerce created
187     in Section 13-1-2.
188          (2) (a) No later than 90 days after the recording of a declaration, an association of unit
189     owners shall register with the department in the manner established by the department.
190          (b) An association of unit owners existing under a declaration recorded before May 10,
191     2011, shall[, no later than July 1, 2011,] register with the department in the manner established
192     by the department.
193          (3) The department shall require an association of unit owners registering as required
194     in this section to provide with each registration:
195          (a) the name and address of the association of unit owners;
196          (b) the name, address, telephone number, and, if applicable, email address of the
197     president of the association of unit owners;
198          (c) the name and address of each management committee member;
199          (d) the name, address, telephone number, and, if the contact person wishes to use email
200     or facsimile transmission for communicating payoff information, the email address or facsimile
201     number, as applicable, of a primary contact person who has association payoff information that
202     a closing agent needs in connection with the closing of a unit owner's financing, refinancing, or
203     sale of the owner's unit; and
204          (e) a registration fee not to exceed $37.
205          (4) An association of unit owners that has registered under Subsection (2) shall submit
206     to the department an updated registration, in the manner established by the department, within
207     90 days after a change in any of the information provided under Subsection (3).
208          (5) (a) During any period of noncompliance with the registration requirement described
209     in Subsection (2) or the requirement for an updated registration described in Subsection (4)[:],
210     an association of unit owners may not enforce a lien that arose under Section 57-8-44.
211          [(i) a lien may not arise under Section 57-8-44; and]
212          [(ii) an association of unit owners may not enforce an existing lien that arose under
213     Section 57-8-44.]
214          (b) A period of noncompliance with the registration requirement of Subsection (2) or
215     with the updated registration requirement of Subsection (4) does not begin until after the
216     expiration of the 90-day period specified in Subsection (2) or (4), respectively.
217          (c) An association of unit owners that is not in compliance with the registration
218     requirement described in Subsection (2) may end the period of noncompliance by registering
219     with the department in the manner established by the department under Subsection (2).
220          (d) An association of unit owners that is not in compliance with the updated
221     registration requirement described in Subsection (4) may end the period of noncompliance by
222     submitting to the department an updated registration in the manner established by the
223     department under Subsection (4).
224          (e) Except as described in Subsection (5)(f), beginning on the date an association of
225     unit owners ends a period of noncompliance[:], the association of unit owners may enforce a
226     lien that arose under Section 57-8-44.
227          [(i) a lien may arise under Section 57-8-44 for any event that:]
228          [(A) occurred during the period of noncompliance; and]
229          [(B) would have given rise to a lien under Section 57-8-44 had the association of unit
230     owners been in compliance with the registration requirements described in this section; and]
231          [(ii) an association of unit owners may enforce a lien described in Subsection (5)(e) or
232     a lien that existed before the period of noncompliance.]
233          (f) If an owner's unit is conveyed to an independent third party during a period of
234     noncompliance described in this Subsection (5):
235          (i) a lien that arose under Section 57-8-44 before the conveyance of the unit became
236     final is extinguished when the conveyance of the unit becomes final; and
237          (ii) an event that occurred before the conveyance of the unit became final, and that
238     would have given rise to a lien under Section 57-8-44 had the association of unit owners been
239     in compliance with the registration requirements of this section, may not give rise to a lien
240     under Section 57-8-44 if the conveyance of the unit becomes final before the association of unit
241     owners ends the period of noncompliance.
242          Section 3. Section 57-8-54 is amended to read:
243          57-8-54. Statement from manager or management committee of unpaid
244     assessment -- Payoff information from manager or management committee --
245     Applicability.
246          (1) (a) A manager or management committee shall issue a written statement indicating
247     any unpaid assessment with respect to a unit owner's unit upon:
248          [(a)] (i) a written request by the unit owner or the unit owner's agent; and
249          [(b)] (ii) payment of a reasonable fee not to exceed $25.
250          (b) A manager or management committee shall provide payoff information with
251     respect to a unit owner's unit upon:
252          (i) a written request that:
253          (A) is conveyed to the primary contact person designated under Subsection
254     57-8-13.1(3)(d);
255          (B) contains the name, telephone number and address of the person making the request
256     and the facsimile number or email address for delivery of the payoff information; and
257          (C) is accompanied by a written consent for the release of the payoff information
258     identifying the person requesting the information as a person to whom the payoff information
259     may be released and signed and dated by an owner of the unit for which the payoff information
260     is requested; and
261          (ii) subject to Subsection (3), payment of a reasonable fee not to exceed $50.
262          (2) If a unit owner makes a written request as described in Subsection (1) and the
263     association of unit owners has referred the unit owner's delinquent account to a third party for
264     collection, the association of unit owners may:
265          (a) in the association's response to the request, include the amount of fees and costs
266     from the unit owner's delinquent account that the association referred to the third party; or
267          (b) require that the unit owner obtain the amount of fees and costs that the association
268     referred to the third party directly from the third party.
269          (3) If a closing agent makes a written request for payoff information in accordance with
270     Subsection (1)(b) in connection with the closing of a unit owner's financing, refinancing, or
271     sale of the unit owner's unit:
272          (a) the association of unit owners may not require the fee described in Subsection
273     (1)(b)(ii) to be paid before providing the payoff information; and
274          (b) if the association of unit owners fails to provide the payoff information within 10
275     business days after the closing agent requests the information, the association may not enforce
276     a lien against that unit for money due to the association at that closing until the association
277     provides the information.
278          [(2)] (4) A written statement under Subsection (1) is conclusive in favor of a person
279     who reasonably relies on the written statement in good faith.
280          (5) This section applies to each association of unit owners, regardless of when the
281     association of unit owners is formed.
282          Section 4. Section 57-8a-105 is amended to read:
283          57-8a-105. Registration with Department of Commerce.
284          (1) As used in this section, "department" means the Department of Commerce created
285     in Section 13-1-2.
286          (2) (a) No later than 90 days after the recording of a declaration of covenants,
287     conditions, and restrictions establishing an association, the association shall register with the
288     department in the manner established by the department.
289          (b) An association existing under a declaration of covenants, conditions, and
290     restrictions recorded before May 10, 2011, shall[, no later than July 1, 2011,] register with the
291     department in the manner established by the department.
292          (3) The department shall require an association registering as required in this section to
293     provide with each registration:
294          (a) the name and address of the association;
295          (b) the name, address, telephone number, and, if applicable, email address of the chair
296     of the association board;
297          (c) contact information for the manager;
298          (d) the name, address, telephone number, and, if the contact person wishes to use email
299     or facsimile transmission for communicating payoff information, the email address or facsimile
300     number, as applicable, of a primary contact person who has association payoff information that
301     a closing agent needs in connection with the closing of a lot owner's financing, refinancing, or
302     sale of the owner's lot; and
303          (e) a registration fee not to exceed $37.
304          (4) An association that has registered under Subsection (2) shall submit to the
305     department an updated registration, in the manner established by the department, within 90
306     days after a change in any of the information provided under Subsection (3).
307          (5) (a) During any period of noncompliance with the registration requirement described
308     in Subsection (2) or the requirement for an updated registration described in Subsection (4)[:],
309     an association may not enforce a lien that arose under Section 57-8a-301.
310          [(i) a lien may not arise under Section 57-8a-301; and]
311          [(ii) an association may not enforce an existing lien that arose under Section
312     57-8a-301.]
313          (b) A period of noncompliance with the registration requirement of Subsection (2) or
314     with the updated registration requirement of Subsection (4) does not begin until after the
315     expiration of the 90-day period specified in Subsection (2) or (4), respectively.
316          (c) An association that is not in compliance with the registration requirement described
317     in Subsection (2) may end the period of noncompliance by registering with the department in
318     the manner established by the department under Subsection (2).
319          (d) An association that is not in compliance with the updated registration requirement
320     described in Subsection (4) may end the period of noncompliance by submitting to the
321     department an updated registration in the manner established by the department under
322     Subsection (4).
323          (e) Except as described in Subsection (5)(f), beginning on the date an association ends
324     a period of noncompliance[:], the association may enforce a lien that arose under Section
325     57-8a-301.
326          [(i) a lien may arise under Section 57-8a-301 for any event that:]
327          [(A) occurred during the period of noncompliance; and]
328          [(B) would have given rise to a lien under Section 57-8a-301 had the association been
329     in compliance with the registration requirements described in this section; and]
330          [(ii) an association may enforce a lien described in Subsection (5)(e) or a lien that
331     existed before the period of noncompliance.]
332          (f) If an owner's residential lot is conveyed to an independent third party during a
333     period of noncompliance described in this Subsection (5):
334          (i) a lien that arose under Section 57-8a-301 before the conveyance of the residential
335     lot became final is extinguished when the conveyance of the residential lot becomes final; and
336          (ii) an event that occurred before the conveyance of the residential lot became final,
337     and that would have given rise to a lien under Section 57-8a-301 had the association been in
338     compliance with the registration requirements of this section, may not give rise to a lien under
339     Section 57-8a-301 if the conveyance of the residential lot becomes final before the association
340     ends the period of noncompliance.
341          Section 5. Section 57-8a-217 is amended to read:
342          57-8a-217. Association rules -- Requirements and limitations relating to board's
343     action on rules -- Vote of disapproval -- Statute of repose.
344          (1) As used in this section:
345          (a) "Rule" means an association's policy, guideline, restriction, procedure, or regulation
346     that:
347          (i) is not in the association's articles of incorporation or other similar entity-formation
348     document, declaration, bylaw, or plat; and
349          (ii) governs the conduct of persons or the use, quality, type, design, or appearance of
350     real or personal property.
351          (b) "Rule" does not include the board's internal business operating procedures.
352          [(1)] (2) (a) Subject to Subsection [(1)] (2)(b), a board may adopt, amend, modify,
353     cancel, limit, create exceptions to, or expand[, or enforce] the rules [and design criteria] of the
354     association.
355          (b) A board's action under Subsection [(1)] (2)(a) is subject to:
356          (i) this section;
357          (ii) any limitation that the declaration imposes on the authority stated in Subsection
358     [(1)] (2)(a);
359          (iii) the limitation on rules in Sections 57-8a-218 and 57-8a-219;
360          (iv) the board's duty to exercise business judgment on behalf of:
361          (A) the association; and
362          (B) the lot owners in the association; and
363          (v) the right of the lot owners or declarant to disapprove the action under Subsection
364     [(4)] (5).
365          [(2)] (3) Except as provided in Subsection [(3)] (4), before adopting, amending,
366     modifying, canceling, limiting, creating exceptions to, or expanding the rules [and design
367     criteria] of the association, the board shall:
368          (a) at least 15 days before the day on which the board [will meet] meets to consider a
369     change to a rule [or design criterion], deliver notice to lot owners, as provided in Section
370     57-8a-214, that the board is considering a change to a rule [or design criterion];
371          (b) provide an open forum at the board meeting giving lot owners an opportunity to be
372     heard at the board meeting before the board takes action under Subsection [(1)] (2)(a); and
373          (c) deliver a copy of the change in the rules [or design criteria] approved by the board
374     to the lot owners as provided in Section 57-8a-214 within 15 days after the [date of the board
375     meeting] day on which the board meets.
376          [(3)] (4) (a) Subject to Subsection [(3)] (4)(b), a board may adopt a rule without first
377     giving notice to the lot owners under Subsection [(2)] (3) if there is an imminent risk of harm
378     to a common area, a limited common area, a lot owner, an occupant of a lot, a lot, or a
379     dwelling.
380          (b) The board shall provide notice under Subsection [(2)] (3) to the lot owners of a rule
381     adopted under Subsection [(3)] (4)(a).
382          [(4)] (5) A board action in accordance with Subsections [(1)] (2), [(2)] (3), and [(3)] (4)
383     is disapproved if within 60 days after the [date] day of the board meeting where the action was
384     taken:
385          (a) (i) there is a vote of disapproval by at least 51% of all the allocated voting interests
386     of the lot owners in the association; and
387          (ii) the vote is taken at a special meeting called for that purpose by the lot owners
388     under the declaration, articles, or bylaws; or
389          (b) (i) the declarant delivers to the board a writing of disapproval; and
390          (ii) (A) the declarant is within the period of administrative control; or
391          (B) for an expandable project, the declarant has the right to add real estate to the
392     project.
393          [(5)] (6) (a) The board has no obligation to call a meeting of the lot owners to consider
394     disapproval, unless lot owners submit a petition, in the same manner as the declaration,
395     articles, or bylaws provide for a special meeting, for the meeting to be held.
396          (b) Upon the board receiving a petition under Subsection [(5)] (6)(a), the effect of the
397     board's action is:
398          (i) stayed until after the meeting is held; and
399          (ii) subject to the outcome of the meeting.
400          [(6)] (7) During the period of administrative control, a declarant may exempt the
401     declarant from association rules and the rulemaking procedure under this section if the
402     declaration reserves to the declarant the right to exempt the declarant.
403          (8) A person may not commence an action against an association or a member of the
404     association's board for failing to comply with Subsection (3) more than 18 months after the day
405     on which the meeting in which the board action described in Subsection (3) occurs.
406          Section 6. Section 57-8a-311 is amended to read:
407          57-8a-311. Statement from association's manager or board of unpaid assessment
408     -- Payoff information from association's manager or board -- Applicability.
409          (1) (a) An association's manager or board shall issue a written statement indicating any
410     unpaid assessment with respect to a lot owner's lot upon:
411          [(a)] (i) a written request by the lot owner or the lot owner's agent; and
412          [(b)] (ii) payment of a reasonable fee not to exceed $25.
413          (b) An association's manager or board shall provide payoff information with respect to
414     a lot owner's lot upon:
415          (i) a written request that:
416          (A) is conveyed to the primary contact person designated under Subsection
417     57-8a-105(3)(d);
418          (B) contains the name, telephone number, and address of the person making the request
419     and the facsimile number or email address for delivery of the payoff information; and
420          (C) is accompanied by a written consent for the release of the payoff information
421     identifying the person requesting the information as a person to whom the payoff information
422     may be released and signed and dated by an owner of the lot for which the payoff information
423     is requested; and
424          (ii) subject to Subsection (3), payment of a reasonable fee not to exceed $50.
425          (2) If a lot owner makes a written request as described in Subsection (1) and the
426     association has referred the lot owner's delinquent account to a third party for collection, the
427     association may:
428          (a) in the association's response to the request, include the amount of fees and costs
429     from the lot owner's delinquent account that the association referred to the third party; or
430          (b) require that the lot owner obtain the amount of fees and costs that the association
431     referred to the third party directly from the third party.
432          (3) If a closing agent makes a written request for payoff information in accordance with
433     Subsection (1)(b) in connection with the closing of a lot owner's financing, refinancing, or sale
434     of the lot owner's lot:
435          (a) the association may not require the fee described in Subsection (1)(b)(ii) to be paid
436     before providing the payoff information; and
437          (b) if the association fails to provide the payoff information within 10 business days
438     after the closing agent requests the information, the association may not enforce a lien against
439     that lot for money due to the association at that closing until the association provides the
440     information.
441          [(2)] (4) A written statement under Subsection (1) is conclusive in favor of a person
442     who reasonably relies on the written statement in good faith.
443          (5) This section applies to each association, regardless of when the association is
444     formed.
445          Section 7. Repealer.
446          This bill repeals:
447          Section 57-8-6.3, Fee for providing payoff information needed at closing.
448          Section 57-8a-106, Fee for providing payoff information needed at closing.
449          Section 57-8a-206, Written statement of unpaid assessment.