All Utah HOAs are required to register as a homeowner association with the Utah Homeowner Associations Registry (HOA Registry) and to keep their info updated when directors and managers change.
Registering as an HOA is different and separate from incorporating, and renewing each year, as a nonprofit corporation with the Utah Division of Corporations. HOAs that are nonprofit corporations need to do both. Renewing as a corporation is what HOAs do each year when they receive the postcard renewal notice in the mail. Nothing is received in the mail regarding the HOA Registry, and it is not renewed annually. It simply must be updated when the HOA's information changes.
The consequence for not registering an HOA with the HOA Registry and keeping the information updated is that the HOA will not be able to enforce a lien against a delinquent homeowner. This is a huge consequence, as the lien is the association's primary remedy against delinquencies. So, it is imperative that HOAs register and keep their info current with the state, or they will lose their lien rights when collecting past-due assessments.
Along with a registration fee not to exceed $37.00, each community association must provide the following to the registry and keep it updated whenever the information changes:
- The name and address of the homeowner association.
- The name, address, and telephone number and, if applicable, email address of the president or chair of the board.
- The name, address, telephone number, and, if the contact wishes to use email or fax for communicating information, the email address or fax number of a primary contact person who has the lien payoff information a closing agent needs in connection with the closing of the sale or refinance of a lot/unit.
- For condominiums, the name and address of each manager or management committee member.
- For community associations, contact information for the manager (if applicable).
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)