June 7 Community Association Law Update

On June 7, our seminar on the 2011 Utah Community Association Law Changes will be presented at the City Center, from 9 a.m. to noon.

3 hours of Utah Real Estate Continuing Education has been confirmed, and we anticipate being approved for Continuing Legal Education.

The seminar will be presented at the Gateway Tower West, 15 W. South Temple, 16th Floor.  (Pictured.)

Parking is available at the City Center, from South Temple, mid-block between Main and West Temple.  I presume, (but have not confirmed), that you will need to enter that parking terrace from the West, so as to not have to cross the TRAX tracks.

Space for this presentation is limited; registration will be on a first-come, first-served basis. Registration is available here, or call (801) 519-2555, and ask for Amy or Lincoln.

The seminar will also be presented on June 11, in Park City, UT.

Links to 2011 Legislation, Service Providers

Here, for the attendees of the seminar who requested access to the bills discussed at today’s seminar, are links to the bills:

Senate Bill 167 — the major bill, referenced as “UCIOA lite,” which significantly amends association governance, collections and insurance.

House Bill 104 — requiring all Utah community associations to register as a prerequisite to lien-based assessment collections.

House Bill 175 — dealing with record keeping and disclosure requirements

Senate Bill 89 — modifies associations’ obligations respecting reserve accounts

Senate Bill 117 — modifies the voting requirements for community associations that want to amend their declarations.

And here, as requested, is a link to the Community Association Institute’s service provider directory.  This list will lead you to members of the Community Associations Institute, which indicates commitment to that professional trade association; you may also wish to find providers that have received professional designations from CAI.  This database allows you to locate community managers who have earned their Certified Manager of Community Associations (CMCA) certification through NBC-CAM; Association Management Specialist (AMS), Large-Scale Manager (LSM), and Professional Community Association Manager (PCAM), through CAI. Also listed are professionals who have earned the Reserve Specialist (RS) and Community Insurance and Risk Management Specialist (CIRMS) designations, members of the College of Community Association Lawyers (CCAL), and companies that have earned the Accredited Association Management Company (AAMC) designation.

Our Upcoming Seminar On the New Laws

I recently sent a flyer out to community associations across the state, announcing an upcoming seminar on the many changes to Utah’s Community Association Laws. Unfortunately, many clients and followers were not on that list. Since you should clearly be aware, and are encouraged to attend, I quote from the flyer, with my apologies for the oversight:

For several years, the Legislative Action Committee of the Utah Chapter of the Community Associations Institute has been advocating for a major recodification of Utah’s law respecting condominiums and HOAs.  When it became apparent that such a recodification was not possible, the legislature focused on several issues, in a number of different bills.  These bills will make sweeping changes in how all Utah community associations will operate.

Major changes include new provisions respecting the collection of assessments, including changes which may allow for non-judicial lien foreclosures; clarification and expansion of associations’ insurance obligations; increased obligations for reserve accounts and related disclosures, and notice and record disclosures.

And perhaps most significantly, a requirement that all associations – regardless of size – register and remain registered with the Utah Department of Commerce as a prerequisite to lien-based assessment collections.

This $25 course will be taught from 9 a.m. to noon, on three different dates, at three different locations: May 14 at the Utahcondolaw Training Center at 466 East 500 South, SLC, 84111; May 28 at the Daybreak Community Center, 4544 West Harvest Moon Drive South Jordan, 84095 and June 11 in Park City at 3247 Santa Fe Road.

If you want to attend, register online here, or give us a call at 801.519.2555.  We’d love to see you.

Condominium Changes from the 2011 Legislature

Pat Bagley Cartoon from the Salt Lake Tribune

Setting aside for a moment whether or not I agree with Pat Bagley’s cartoon, no one will deny that the Utah State Legislature was busy this year.

In between such important matters as establishing the state gun, assuring that our influenceable youth know that we’re a republic (and NOT a democracy), and protecting you from knowing what you might have said to them (in a now-protected text message), they passed several bills that will change the way that community associations (condominiums and homeowner associations) will insure themselves and their members, decide upon the amount of reserves, and collect past due assessments.

Over the next several weeks, I’ll be trying to figure out what all of this means.  When and if I do, I will share it with you.

Oh, and let’s not forget — now you need to register your association with the government.  And you have less than 4 months to do it.  (Sounds like Socialism to me…)

Oh, and one other thing; your association isn’t a democracy, either.