§ 66-37-104. Transfer Covenant Fees
A transfer fee covenant recorded after June 10, 2011, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding on or enforceable against the affected real property or any subsequent owner, purchaser, or mortgagee of any interest in the property. Nothing in this chapter shall […]
§ 66-35-103. Management of Government-Owned Property Excepted
This chapter does not impair the right of a local governmental unit to manage and control residential or commercial property in which such local governmental unit has a property interest.
§ 66-36-101. Chapter Definitions
As used in this chapter: “Action” means any civil action or binding dispute resolution proceeding for damages or indemnity asserting a claim for damage to or loss of commercial property caused by an alleged construction defect, but does not include any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out […]
§ 66-36-102. Compliance With Requirements
If a claimant files an action without first complying with the requirements of this chapter, on motion by a party to the action, the tribunal having jurisdiction shall abate the action, without prejudice, and the action may not proceed until the claimant has complied with such requirements.
§ 66-36-103. Notice of Claim After Discovery of Construction Defect — Inspection — Written Response — Settlement Offer — Toling of Statute of Limitations
In actions brought against a prime contractor, remote contractor, or design professional related to an alleged construction defect, the claimant shall, before filing an action, serve written notice of claim on the prime contractor, remote contractor, or design professional, as applicable. The claimant shall endeavor to serve the notice of claim within fifteen (15) days […]
§ 66-37-101. Short Title
This chapter shall be known and may be cited as the “Prohibition of Covenants Providing for Transfer Fees Act of 2011.”
§ 66-37-102. Chapter Definitions
As used in this chapter: “Association” means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes, or any interest in real property, created pursuant to a declaration, covenant, or other applicable law; “Transfer” means the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an interest in real property […]
§ 66-37-103. Legislative Findings
The general assembly makes the following findings: The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property; and A transfer fee covenant violates this public policy by impairing the marketability of title to […]
§ 66-34-601. Interest
Any payment not made in accordance with this chapter accrues interest, from the date due until the date paid, at the rate of interest for delinquent payments provided in written contract or, if no interest rate is specified in a written contract, then one and one-half percent (1.5%) per month.
§ 66-34-602. Nonpayment — Notice of Intent to Seek Relief Under Chapter — Remedies — Attorney’s Fees — Bond
A prime contractor who has not received payment from an owner, or a remote contractor who has not received payment from a prime contractor or other remote contractor, in accordance with this chapter, or any prime contractor or remote contractor that intends to seek to recover funds as permitted by § 66-34-205 and this section, […]