Note: Section 57-8a-206, which addresses the exact same topic, also provides that unless the association complies with a request for a written statement indicating any unpaid assessment within 10 days, then any unpaid assessment "is subordinate to a lien held by the person requesting the statement."
(1) An association's manager or board shall issue a written statement indicating any unpaid assessment with respect to a lot owner's lot upon:
(a) a written request by the lot owner; and
(b) payment of a reasonable fee not to exceed $25.fn1
(2) A written statement under Subsection (1) is conclusive in favor of a person who relies on the written statement in good faith.
Enacted by Chapter 355, 2011 General Session
FN 1. However, note that 57-8a-106 prohibits an association from charging a fee "for providing association payoff information needed in connection with the financing, refinancing, or closing of a lot owner's sale of the owner's lot," unless specifically authorized in the governing documents. So, in order to charge the $25 fee authorized here for a written statement indicating any unpaid assessment, the statement cannot constitute "association payoff information needed in connection with the financing, refinancing, or closing" of a sale of a lot, unless the fee is specifically authorized in the governing documents. Note that statute also allows for a fee of $50 for providing such payoff information (if authorized in the governing documents).
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