Representative Cheryl K. Acton proposes the following substitute bill:


1     
HOMEOWNER ASSOCIATION PROVISIONS AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Cheryl K. Acton

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to homeowner associations and their governing
10     documents.
11     Highlighted Provisions:
12          This bill:
13          ▸     imposes certain disclosure requirements before the closing of a sale of homeowner
14     association property to an independent third party;
15          ▸     requires the Department of Commerce to publish certain educational materials on its
16     website; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          57-8-13.1, as last amended by Laws of Utah 2013, Chapter 95
25          57-8a-105, as last amended by Laws of Utah 2013, Chapter 95

26     ENACTS:
27          57-8-6.1, Utah Code Annotated 1953
28          57-8a-105.1, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 57-8-6.1 is enacted to read:
32          57-8-6.1. Information required before sale to independent third party.
33          (1) Before the sale of any unit under the jurisdiction of an association of unit owners to
34     an independent third party, the grantor shall provide to the independent third party:
35          (a) a copy of the association of unit owners' recorded governing documents; and
36          (b) a link or other access point to the department's educational materials described in
37     Subsection 57-8-13.1(6).
38          (2) The grantor shall provide the information described in Subsection (1) before
39     closing.
40          (3) The association of unit owners shall, upon request by the grantor, provide to the
41     grantor the information described in Subsection (1).
42          (4) This section applies to each association of unit owners, regardless of when the
43     association of unit owners is formed.
44          Section 2. Section 57-8-13.1 is amended to read:
45          57-8-13.1. Registration with Department of Commerce.
46          (1) As used in this section, "department" means the Department of Commerce created
47     in Section 13-1-2.
48          (2) [(a)] No later than 90 days after the recording of a declaration, an association of
49     unit owners shall register with the department in the manner established by the department.
50          [(b) An association of unit owners existing under a declaration recorded before May
51     10, 2011, shall, no later than July 1, 2011, register with the department in the manner
52     established by the department.]
53          (3) The department shall require an association of unit owners registering as required
54     in this section to provide with each registration:
55          (a) the name and address of the association of unit owners;
56          (b) the name, address, telephone number, and, if applicable, email address of the

57     president of the association of unit owners;
58          (c) the name and address of each manager or management committee member;
59          (d) the name, address, telephone number, and, if the contact person wishes to use email
60     or facsimile transmission for communicating payoff information, the email address or facsimile
61     number, as applicable, of a primary contact person who has association payoff information that
62     a closing agent needs in connection with the closing of a unit owner's financing, refinancing, or
63     sale of the owner's unit; and
64          (e) a registration fee not to exceed $37.
65          (4) An association of unit owners that has registered under Subsection (2) shall submit
66     to the department an updated registration, in the manner established by the department, within
67     90 days after a change in any of the information provided under Subsection (3).
68          (5) (a) During any period of noncompliance with the registration requirement described
69     in Subsection (2) or the requirement for an updated registration described in Subsection (4):
70          (i) a lien may not arise under Section 57-8-44; and
71          (ii) an association of unit owners may not enforce an existing lien that arose under
72     Section 57-8-44.
73          (b) A period of noncompliance with the registration requirement of Subsection (2) or
74     with the updated registration requirement of Subsection (4) does not begin until after the
75     expiration of the 90-day period specified in Subsection (2) or (4), respectively.
76          (c) An association of unit owners that is not in compliance with the registration
77     requirement described in Subsection (2) may end the period of noncompliance by registering
78     with the department in the manner established by the department under Subsection (2).
79          (d) An association of unit owners that is not in compliance with the updated
80     registration requirement described in Subsection (4) may end the period of noncompliance by
81     submitting to the department an updated registration in the manner established by the
82     department under Subsection (4).
83          (e) Except as described in Subsection (5)(f), beginning on the date an association of
84     unit owners ends a period of noncompliance:
85          (i) a lien may arise under Section 57-8-44 for any event that:
86          (A) occurred during the period of noncompliance; and
87          (B) would have given rise to a lien under Section 57-8-44 had the association of unit

88     owners been in compliance with the registration requirements described in this section; and
89          (ii) an association of unit owners may enforce a lien described in Subsection (5)(e) or a
90     lien that existed before the period of noncompliance.
91          (f) If an owner's unit is conveyed to an independent third party during a period of
92     noncompliance described in this Subsection (5):
93          (i) a lien that arose under Section 57-8-44 before the conveyance of the unit became
94     final is extinguished when the conveyance of the unit becomes final; and
95          (ii) an event that occurred before the conveyance of the unit became final, and that
96     would have given rise to a lien under Section 57-8-44 had the association of unit owners been
97     in compliance with the registration requirements of this section, may not give rise to a lien
98     under Section 57-8-44 if the conveyance of the unit becomes final before the association of unit
99     owners ends the period of noncompliance.
100          (6) The department shall publish educational materials on the department's website
101     providing, in simple and easy to understand language, a brief overview of state law governing
102     associations of unit owners, including:
103          (a) a description of the rights and responsibilities provided in this chapter to any party
104     under the jurisdiction of an association of unit owners; and
105          (b) instructions regarding how an association of unit owners may be organized and
106     dismantled in accordance with this chapter.
107          Section 3. Section 57-8a-105 is amended to read:
108          57-8a-105. Registration with Department of Commerce.
109          (1) As used in this section, "department" means the Department of Commerce created
110     in Section 13-1-2.
111          (2) (a) No later than 90 days after the recording of a declaration of covenants,
112     conditions, and restrictions establishing an association, the association shall register with the
113     department in the manner established by the department.
114          (b) An association existing under a declaration of covenants, conditions, and
115     restrictions recorded before May 10, 2011, shall, no later than July 1, 2011, register with the
116     department in the manner established by the department.
117          (3) The department shall require an association registering as required in this section to
118     provide with each registration:

119          (a) the name and address of the association;
120          (b) the name, address, telephone number, and, if applicable, email address of the chair
121     of the association board;
122          (c) contact information for the manager;
123          (d) the name, address, telephone number, and, if the contact person wishes to use email
124     or facsimile transmission for communicating payoff information, the email address or facsimile
125     number, as applicable, of a primary contact person who has association payoff information that
126     a closing agent needs in connection with the closing of a lot owner's financing, refinancing, or
127     sale of the owner's lot; and
128          (e) a registration fee not to exceed $37.
129          (4) An association that has registered under Subsection (2) shall submit to the
130     department an updated registration, in the manner established by the department, within 90
131     days after a change in any of the information provided under Subsection (3).
132          (5) (a) During any period of noncompliance with the registration requirement described
133     in Subsection (2) or the requirement for an updated registration described in Subsection (4):
134          (i) a lien may not arise under Section 57-8a-301; and
135          (ii) an association may not enforce an existing lien that arose under Section 57-8a-301.
136          (b) A period of noncompliance with the registration requirement of Subsection (2) or
137     with the updated registration requirement of Subsection (4) does not begin until after the
138     expiration of the 90-day period specified in Subsection (2) or (4), respectively.
139          (c) An association that is not in compliance with the registration requirement described
140     in Subsection (2) may end the period of noncompliance by registering with the department in
141     the manner established by the department under Subsection (2).
142          (d) An association that is not in compliance with the updated registration requirement
143     described in Subsection (4) may end the period of noncompliance by submitting to the
144     department an updated registration in the manner established by the department under
145     Subsection (4).
146          (e) Except as described in Subsection (5)(f), beginning on the date an association ends
147     a period of noncompliance:
148          (i) a lien may arise under Section 57-8a-301 for any event that:
149          (A) occurred during the period of noncompliance; and

150          (B) would have given rise to a lien under Section 57-8a-301 had the association been in
151     compliance with the registration requirements described in this section; and
152          (ii) an association may enforce a lien described in Subsection (5)(e) or a lien that
153     existed before the period of noncompliance.
154          (f) If an owner's residential lot is conveyed to an independent third party during a
155     period of noncompliance described in this Subsection (5):
156          (i) a lien that arose under Section 57-8a-301 before the conveyance of the residential
157     lot became final is extinguished when the conveyance of the residential lot becomes final; and
158          (ii) an event that occurred before the conveyance of the residential lot became final,
159     and that would have given rise to a lien under Section 57-8a-301 had the association been in
160     compliance with the registration requirements of this section, may not give rise to a lien under
161     Section 57-8a-301 if the conveyance of the residential lot becomes final before the association
162     ends the period of noncompliance.
163          (6) The department shall publish educational materials on the department's website
164     providing, in simple and easy to understand language, a brief overview of state law governing
165     associations, including:
166          (a) a description of the rights and responsibilities provided in this chapter to any party
167     under the jurisdiction of an association; and
168          (b) instructions regarding how an association may be organized and dismantled in
169     accordance with this chapter.
170          Section 4. Section 57-8a-105.1 is enacted to read:
171          57-8a-105.1. Information required before sale to independent third party.
172          (1) Before the sale of any lot under the jurisdiction of an association to an independent
173     third party, the grantor shall provide to the independent third party:
174          (a) a copy of the association's recorded governing documents; and
175          (b) a link or other access point to the department's educational materials described in
176     Subsection 57-8a-105(6).
177          (2) The grantor shall provide the information described in Subsection (1) before
178     closing.
179          (3) The association shall, upon request by the grantor, provide to the grantor the
180     information described in Subsection (1).

181          (4) This section applies to each association, regardless of when the association is
182     formed.