Utah HOA and Condo Laws, in Plain English

Governs condominium developments in Utah, applying to any association whose plats are recorded as condominium plats or whose declaration states the chapter applies, regardless of when the association was formed. Covers creation of the condominium through the declaration and plat, unit and common area ownership, bylaws and management committee governance, assessments and lien enforcement, and record keeping. Requires a seller to give a buyer the association's governing documents before a unit resells, and caps the fee an association may charge for a written statement of unpaid assessments or payoff information.

• Utah Code 57-8-6.1 (Resale disclosure)

  Requires an owner selling a unit to an independent third party to give the buyer the association's recorded governing documents and a link to the educational materials the Office of the Homeowners' Association Ombudsman publishes under Utah Code 13-79-103(4) before closing, and requires the association to provide that information to the seller on request.

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• Utah Code 57-8-6.3 (Payoff information fee cap)

  Limits what an association may charge for providing payoff information on a unit's account needed to close a sale, refinance, or financing, sets a deadline for the association to respond to a closing agent's request, and ties a late response to the association's ability to enforce its lien for amounts due at closing.

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• Utah Code 57-8-54 (Unpaid assessment statement)

  Requires the manager or management committee to issue a written statement of any unpaid assessment on a unit at the owner's request and for a capped fee, and makes that statement binding on the association for anyone who relies on it in good faith.

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• Utah Code 57-8-13.1 (Registration with Department of Commerce)

  Requires every association of unit owners to register with the Utah Department of Commerce within 90 days after its declaration is recorded, renew the registration annually, and update it within 90 days after a change, naming among other things a primary contact person who holds the payoff information a closing agent needs. During any period of noncompliance no assessment lien arises or may be enforced, and a lien is extinguished when a unit is conveyed to an independent third party during noncompliance. Also directs the department to publish plain-language educational materials on the law governing associations of unit owners, which the resale disclosure under 57-8-6.1 links to.

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Governs planned communities in Utah, applying to an association whose plats are not recorded as condominium plats or whose declaration states the chapter applies, regardless of when the association was formed. Covers the declaration, association registration, board and administrative governance, budgets and rules, assessments and lien enforcement, and record keeping. Requires a seller to give a buyer the association's governing documents before a lot resells, and caps the fee an association may charge for a written statement of unpaid assessments or payoff information.

• Utah Code 57-8a-105.1 (Resale disclosure)

  Requires an owner selling a lot to an independent third party to give the buyer the association's recorded governing documents and a link to the educational materials the Office of the Homeowners' Association Ombudsman publishes under Utah Code 13-79-103(4) before closing, and requires the association to provide that information to the seller on request.

  Official text

• Utah Code 57-8a-106 (Payoff information fee cap)

  Limits what an association may charge for providing payoff information on a lot's account needed to close a sale, refinance, or financing, sets a deadline for the association to respond to a closing agent's request, and ties a late response to the association's ability to enforce its lien for amounts due at closing.

  Official text

• Utah Code 57-8a-311 (Unpaid assessment statement)

  Requires an association's manager or board to issue a written statement of any unpaid assessment on a lot at the owner's request and for a capped fee, and makes that statement binding on the association for anyone who relies on it in good faith.

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• Utah Code 57-8a-105 (Registration with Department of Commerce)

  Requires every association to register with the Utah Department of Commerce within 90 days after its declaration is recorded, renew the registration annually, and update it within 90 days after a change, naming among other things a primary contact person who holds the payoff information a closing agent needs. During any period of noncompliance no assessment lien arises or may be enforced, and a lien is extinguished when a residential lot is conveyed to an independent third party during noncompliance. Also directs the department to publish plain-language educational materials on the law governing associations, which the resale disclosure under 57-8a-105.1 links to.

  Official text

• Utah Code 57-8a-206 (Written statement of unpaid assessment)

  An earlier section, still in force alongside 57-8a-311, requiring the manager or board to issue a written statement of any unpaid assessment on a lot on any owner's written request and payment of a fee not exceeding $10. The statement binds the other owners, the manager, and the board in favor of anyone who relies on it in good faith, and if the request is not answered within 10 days, assessments that became due before the request are subordinate to a lien held by the person who requested it.

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