Compliance With the New HOA Registry

In response to House Bill 104, FCS Community Management has registered each client as required by the legislation passed during the 2011 session. All HOAs who have not registered with the Department of Commerce by July 1, 2011 risk not being able to enforce its liens against delinquent homeowners until such time as they become registered. This is completely separate from registering as a nonprofit corporation with the Division of Corporations. Now all HOAs will need to do both.
 
According to attorney Curtis Kimball (Richards, Kimball & Winn), “this is a huge (and ridiculously harsh) consequence, obviously. So, it is imperative that HOAs register and keep their info current with the state, or they will lose their lien rights when attempting to collect past-due assessments.”
 
The HOA Registry can be found at https://secure.utah.gov/hoa/index.html.
 
Along with a registration fee not to exceed $37.00, each HOA has to provide the following to the state and keep it updated whenever the information changes (updates cost $10/each and must be completed within 90 days of the change):
  • The name and address of the homeowner association
  • The name, address, and telephone number and, if applicable, email address of the president of the association
  • The name and address of each management committee member and contact information for the manager, if applicable
  • 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

It is crucial that you register using the exact same name as the corporate entity of the HOA, as it is stated in the HOAs Articles of Incorporation and as it is registered with the Division of Corporations & Commercial Code. For example, if an HOA is a non-profit corporation with the name “Ashdown Homeowners Association,” do not register the association in the HOA registry as “Ash Down Homeowners Association.” This is very important because a search on the HOA Registry for Ash Down will not bring up Ashdown.

Click here to look up an incorporated HOA to see exactly how it is listed as a corporation: https://secure.utah.gov/bes/action/index.

FCS Community Management will help non-client HOAs enroll in the HOA Registry at no cost. Email manager@hoaliving.com if you would like assistance.