57-8a-206. Written statement of unpaid assessment

(1) (a) The manager or board of directors shall issue a written statement indicating any unpaid with respect to a lot covered by the request, upon:
            (i) the written request of any unitfn1 owner; and
            (ii) payment of a reasonable fee not to exceed $10.
      (b) The written statement described in Subsection (1)(a) is binding in favor of any person who relies in good faith on the written statement upon the:
            (i) remaining owners;
            (ii) manager; and
            (iii) board of directors.

(2) Unless the manager or board of directors complies with a request described in Subsection (1)(a) within 10 days, any unpaid assessment that became due prior to the date the request described in Subsection (1)(a) was made is subordinate to a lien held by the person requesting the statement pursuant to Subsection (1)(a).fn2 


Enacted by Chapter 153, 2004 General Session


FN1  It is not clear what is meant here by reference to a "unit owner."  Neither "unit" nor "unit owner" are defined in this Act.  Thus, it's difficult to imagine when this statute would apply.

FN2  Again, a person requesting the statement pursuant to Subsection (1)(a) is any "unit owner."  It is difficult to ascertain not only who exactly qualifies as a "unit owner" (since that term is not defined in the Act), but also what lien the "unit owner" could hold that the unpaid assessment would become subordinate to.  For those reasons, this Section 57-8a-206 appears to be meaningless in application (making Section 57-8a-311 the relevant statute as to this subject).  

Note that Section 57-8a-311. Statement from association's manager or board of unpaid assessment is very similar and in fact contradicts this Section.  For example, this Section says the fee is not to exceed $10 and Section 57-8a-311 says the fee is not to exceed $25.  As mentioned in the footnotes, this Section is rendered largely meaningless in application and thus it is Section 57-8a-311 that is relevant.

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