Utah HOA and Condo Resale Package (Resale Certificate): Fees, Deadlines, and How to Order

This resale package contains the information Utah Code 57-8-6.1 requires before the sale of a unit to an independent third party: a copy of the association of unit owners' recorded governing documents and a link to the educational materials on the law governing associations of unit owners that the Office of the Homeowners' Association Ombudsman publishes at commerce.utah.gov/hoa/education/ under Utah Code 13-79-103(4). Under that section the seller provides this information to the buyer before closing, and the association provides it to the seller on request. The statement of unpaid assessments in this package is the written statement described in Utah Code 57-8-54, which the manager or management committee issues on the unit owner's written request. That statement is conclusive in favor of a person who relies on it in good faith. Utah law sets no expiration date for this package and gives the buyer no right to cancel the purchase because of it; any review period comes from the purchase contract. Payoff information that a closing agent needs for the closing, financing, or refinancing of the unit is provided separately. Under Utah Code 57-8-6.3 an association that does not provide that information within five business days after the closing agent's effective written request may not enforce a lien against the unit for money due to the association at closing, and may charge a fee for the information only if the declaration, bylaws, or rules specifically authorize one, in which case the fee may not exceed $50 and may not be required to be paid before closing. The information in this package is current as of its issue date.

This resale package contains the information Utah Code 57-8a-105.1 requires before the sale of a lot to an independent third party: a copy of the association's recorded governing documents and a link to the educational materials on the law governing associations that the Office of the Homeowners' Association Ombudsman publishes at commerce.utah.gov/hoa/education/ under Utah Code 13-79-103(4). Under that section the seller provides this information to the buyer before closing, and the association provides it to the seller on request. The statement of unpaid assessments in this package is the written statement described in Utah Code 57-8a-311, which the association's manager or board issues on the lot owner's written request. That statement is conclusive in favor of a person who relies on it in good faith. Separately from this package, an owner may request a written statement of unpaid assessment under Utah Code 57-8a-206 on payment of a fee of no more than $10, and if the manager or board does not comply within 10 days, assessments that became due before the request are subordinate to a lien held by the requester. Utah law sets no expiration date for this package and gives the buyer no right to cancel the purchase because of it; any review period comes from the purchase contract. Payoff information that a closing agent needs for the closing, financing, or refinancing of the lot is provided separately. Under Utah Code 57-8a-106 an association that does not provide that information within five business days after the closing agent's effective written request may not enforce a lien for money due to the association at closing, and may charge a fee for the information only if the declaration of covenants, conditions, and restrictions, the bylaws, or the rules specifically authorize one, in which case the fee may not exceed $50 and may not be required to be paid before closing. The information in this package is current as of its issue date.