| (b) | organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3Independent third party: means a person that:| (a) | is not related to the unit owner; |
| (b) | shares no pecuniary interests with the unit owner; and |
| (c) | purchases the unit in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8-3Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Lien: A claim against real or personal property in satisfaction of a debt.Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See Utah Code 57-8-3State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. See Utah Code 57-8-3 |
| (2) |
No later than 90 days after the recording of a declaration, an association of unit owners shall register with the department in the manner established by the department. |
| (3) |
The department shall require an association of unit owners registering as required in this section to provide with each registration:
| (a) |
the name and address of the association of unit owners; |
| (b) |
the name, address, telephone number, and, if applicable, email address of the president of the association of unit owners; |
| (c) |
the name and address of each manager or management committee member; |
| (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 unit owner‘s financing, refinancing, or sale of the owner’s unit; and |
| (e) |
a registration fee not to exceed $37. |
|
| (4) |
An association of unit owners 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 described in Subsection (2) or the requirement for an updated registration described in Subsection (4):
| (i) |
a lien may not arise under Section 57-8-44; and |
| (ii) |
an association of unit owners may not enforce an existing lien that arose under Section 57-8-44. |
|
| (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. |
| (c) |
An association of unit owners that is not in compliance with the registration requirement described in Subsection (2) may end the period of noncompliance by registering with the department in the manner established by the department under Subsection (2). |
| (d) |
An association of unit owners that is not in compliance with the updated registration requirement described in Subsection (4) may end the period of noncompliance by submitting to the department an updated registration in the manner established by the department under Subsection (4). |
| (e) |
Except as described in Subsection (5)(f), beginning on the date an association of unit owners ends a period of noncompliance:
| (i) |
a lien may arise under Section 57-8-44 for any event that:
| (A) |
occurred during the period of noncompliance; and |
| (B) |
would have given rise to a lien under Section 57-8-44 had the association of unit owners been in compliance with the registration requirements described in this section; and |
|
| (ii) |
an association of unit owners may enforce a lien described in Subsection (5)(e) or a lien that existed before the period of noncompliance. |
|
| (f) |
If an owner’s unit is conveyed to an independent third party during a period of noncompliance described in this Subsection (5):
| (i) |
a lien that arose under Section 57-8-44 before the conveyance of the unit became final is extinguished when the conveyance of the unit becomes final; and |
| (ii) |
an event that occurred before the conveyance of the unit became final, and that would have given rise to a lien under Section 57-8-44 had the association of unit owners been in compliance with the registration requirements of this section, may not give rise to a lien under Section 57-8-44 if the conveyance of the unit becomes final before the association of unit owners ends the period of noncompliance. |
|
|
| (6) |
The department shall publish educational materials on the department’s website providing, in simple and easy to understand language, a brief overview of state law governing associations of unit owners, including:
| (a) |
a description of the rights and responsibilities provided in this chapter to any party under the jurisdiction of an association of unit owners; and |
| (b) |
instructions regarding how an association of unit owners may be organized and dismantled in accordance with this chapter. |
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Amended by Chapter 75, 2020 General Session
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