57-8a-105. Registration with Department of Commerce.
(1) As used in this section: "Department" means the Department of Commerce created in Section. 13-1-2 "Office" means the Office of the Homeowners' Association Ombudsman created in Section. 13-79-102
(2) No later than 90 days after the recording of a declaration of covenants, conditions, and restrictions establishing an association, the association shall register with the department in the manner established by the department. An association existing under a declaration of covenants, conditions, and restrictions recorded before May 10, 2011, shall, no later than July 1, 2011, register with the department in the manner established by the department.
(3) The department shall require an association registering as required in this section to provide with each registration: the name and address of the association; the name, telephone number, and, if applicable, email address of the chair of the association board; contact information for the manager; 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 lot owner's financing, refinancing, or sale of the owner's lot; a registration fee that the department sets in accordance with Section; and 63J-1-504 a statement of whether or not the association imposes a reinvestment fee or a transfer fee in accordance with Section. 57-1-46
(4) An association shall annually renew the association's registration described in Subsection. (2) The department may impose and set the amount of a renewal registration fee in accordance with Section. 63J-1-504
(5) An association that has registered under Subsectionshall submit to the department an update to the association's registration information, in the manner established by the department, within 90 days after a change in any of the information provided under Subsection. (2) (3)
(6) During any period of noncompliance with the registration requirement described in Subsectionor the requirement for an updated registration described in Subsection: (2) (5) a lien may not arise under Section; and 57-8a-301 an association may not enforce an existing lien that arose under Section. 57-8a-301 A period of noncompliance with the registration requirement of Subsectionor with the updated registration requirement of Subsectiondoes not begin until after the expiration of the 90-day period specified in Subsectionor (5), respectively. (2) (5) (2) An association that is not in compliance with the registration requirement described in Subsectionmay end the period of noncompliance by registering with the department in the manner established by the department under Subsection. (2) (2) An association that is not in compliance with the updated registration requirement described in Subsectionmay end the period of noncompliance by submitting to the department an updated registration in the manner established by the department under Subsection. (5) (5) Except as described in Subsection, beginning on the date an association ends a period of noncompliance: (6)(f) a lien may arise under Sectionfor any event that: 57-8a-301 occurred during the period of noncompliance; and would have given rise to a lien under Sectionhad the association been in compliance with the registration requirements described in this section; and 57-8a-301 an association may enforce a lien described in this Subsectionor a lien that existed before the period of noncompliance. (6)(e) If an owner's residential lot is conveyed to an independent third party during a period of noncompliance described in this Subsection: (6) a lien that arose under Sectionbefore the conveyance of the residential lot became final is extinguished when the conveyance of the residential lot becomes final; and 57-8a-301 an event that occurred before the conveyance of the residential lot became final, and that would have given rise to a lien under Sectionhad the association been in compliance with the registration requirements of this section, may not give rise to a lien under Sectionif the conveyance of the residential lot becomes final before the association ends the period of noncompliance. 57-8a-301 57-8a-301
(7) On the office's website, the office shall provide a disclaimer that states that a person may not rely upon the disclosure of a reinvestment fee or transfer fee that an association makes in accordance with Subsectionwhen creating a document associated with the purchase of real property burdened by the reinvestment fee or transfer fee. (3)(f)