Utah Homeowner Associations Registration
Frequently Asked Questions
Who needs to register a HOA/COA with the Department of Commerce?
Registration of any HOA/COA is mandatory and is separate from filing a business registration with the Division of Corporations and Commercial Code. The registration requirements maintain transparency with current and accurate contact information in the event contact is required for financial and legal matters regarding HOAs.
The HOA/COA registration is mandatory and must be current.
Are there exemptions to HOA/COA registration?
There are no exemptions. All condominiums and other community associations must be registered with current information with the Utah Department of Commerce.
What information is required for HOA/COA registration?
To prepare to register a COA, you will need the following information:
- The name and address of the COA;
- The name, address, telephone number, and, if available, email address of the COA president;
- The name and address of each management committee member; and
- The contact information (name, address, telephone number, and if desired, email or fax) of the individual at the COA who will be the contact for payoff information.
To prepare to register an HOA or other type of community association, you will need the following information:
- The name and address of the association;
- The name, address, telephone number, and if available, email address of the chair of the association's board;
- Contact information for the association's manager;
- The contact information (name, address, telephone number, and if desired, email or fax) of the individual at the association who will be the contact for payoff information.
What are the fees relating to HOA registration?
The initial registration is $37 under both the Condominium Ownership Act and the Community Association Act under Utah Code §§ 57-8a-105, 57-8-13.1. Any amendment will require a $10 fee.
What are the penalties for noncompliance with the HOA/COA registration?
Penalties for noncompliance for HOA/COA registrations for condominiums may include not allowing pursuing or enforcing a lien, under Utah Code § 57-8-13.1(5). In simple terms, this means you may not be able to pursue a claim against a unit owner that owes the association fees. Similar provisions apply for noncompliance to other community associations under Utah Code § 57-8a-105(5).
How do I start an HOA/COA?
Drafting declarations and bylaws, as well as the process for initiating and managing a new COA/HOA are complex processes. Obtaining the advice of a licensed attorney is highly recommended before attempting to create an HOA or COA.
The defining event in the creation of a condominium project is filing the declaration of covenants, conditions, and restrictions (CC&Rs) and other deed instruments with the county recorder. Sometimes, a declaration is referred to as a "master deed." Condominium declarations are covenants running with the land. The Utah Condominium Act, Utah Code § 57-8 et seq., sets out certain information that a declaration must contain and the declaration may also contain any other matters the declarant considers appropriate. Plats and plans are a part of the declaration, and are required for all common interest communities. Each plat must show or project certain specified information. A declaration of condominium operates as a contract among unit owners and the association, spelling out the mutual rights and obligations of the parties. However, nothing requires that all restrictions on use must be identified in a condominium's declaration.
With condominiums, a developer is subject to the act upon signing and recording a declaration. When signing the declaration, a developer must also submit a "recording of the plat" and a set of preliminary bylaws for the project. These documents are to be recorded with the county recorder as well as in an index containing all information regarding condominium projects in the county. Neither the declaration nor any amendments to it are valid until recorded in the proper manner.
The creation of other community associations follows a similar process. Community members agree to covenants, conditions, and restrictions and these will run with the land. The purposes for community associations may be for shared up-keep fees, facilities that are used in common, or solar energy systems under Utah Code § 57-8a-701.
How is a HOA/COA dissolved?
There are many legal considerations for the dissolution of an HOA or COA that should be taken into consideration, and obtaining the advice of a licensed attorney is highly recommended before attempting to dissolve an HOA or COA. The dissolution process is done with Utah Division of Corporations following this general process:
- Under Utah Code § 16-6a et seq., HOAs/COAs that are registered nonprofit corporations may be dissolved following Utah Code § 16-1 et seq.
- This is done by a proposal from the members to the HOAs/COAs association boards for adoption.
- Next, to dissolve a corporation in Utah, a completed form of the Articles of Dissolution must be filed with the Utah Division of Corporations & Commercial Code along with the filing fee. Processing time may take a week or more.
- Then, once the statement of dissolution is given, it may be used to further process the winding up such as closing bank accounts and filing forms to close Utah tax accounts or with the IRS to close the employment identification number.
Where do I find a copy of the declaration of covenants, conditions, and restrictions ("CC&Rs")?
Your HOA/COA is required to keep a copy of your CC&Rs and other governing documents and make them available to you on request. Note that your HOA/COA may charge for copies of the document, especially for physical copies. You can also find CC&Rs in local recording offices for the development. Note that CC&Rs may be subsequently amended and remain fully enforceable.
The HOA/COA registry at the Utah Department of Commerce does not keep records of the CC&Rs or HOA/COA declarations.
