Community Association Act
Utah Code Title 57, Chapter 8a
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The below is not updated with new changes to the law after 2018!
57-8a-208. Fines.
(1)
A board may assess a fine against a lot owner for a violation of the
association's governing documents in accordance with the provisions of this
section.
(2)
(a) Before assessing a fine under Subsection (1), the board shall give the lot
owner a written warning that:
(i)
describes the violation;
(ii)
states the rule or provision of the association's governing documents that the
lot owner's conduct violates;
(iii) states that the board may, in accordance with the provisions of this
section, assess fines against the lot owner if a continuing violation is not
cured or if the lot owner commits similar violations within one year after the
day on which the board gives the lot owner the written warning or assesses a
fine against the lot owner under this section; and
(iv)
if the violation is a continuing violation, states a time that is not less than
48 hours after the day on which the board gives the lot owner the written
warning by which the lot owner shall cure the violation.
(b) A board may assess a fine
against a lot owner if:
(i)
within one year after the day on which the board gives the lot owner a written warning
described in Subsection (2)(a), the lot owner commits another violation of the
same rule or provision identified in the written warning; or
(ii)
for a continuing violation, the lot owner does not cure the violation within
the time period that is stated in the written warning described in Subsection
(2)(a).
(c) If permitted by the
association's governing documents, after the board assesses a fine against a
lot owner under this section, the board may, without further warning under this
Subsection (2), assess an additional fine against the lot owner each time the
lot owner:
(i)
commits a violation of the same rule or provision within one year after the day
on which the board assesses a fine for a violation of the same rule or
provision; or
(ii)
allows a violation to continue for 10 days or longer after the day on which the
board assesses the fine.
(3) A fine assessed under Subsection (1) shall:
(a) be
made only for a violation of a rule, covenant, condition, or restriction that
is in the association's governing documents;
(b) be in the amount provided for in
the association's governing documents; and
(c) accrue interest and late fees as
provided in the association's governing documents.
(4) (a) A lot owner who is assessed a fine under Subsection
(1) may request an informal hearing before the board to dispute the fine within
30 days after the day on which the lot owner receives notice that the fine is
assessed.
(b) At a hearing described in Subsection
(4)(a), the board shall:
(i)
provide the lot owner a reasonable opportunity to present the lot owner's
position to the board; and
(ii)
allow the lot owner, a board member, or any other person involved in the
hearing to participate in the hearing by means of electronic
communication.
(c) If a lot owner timely requests
an informal hearing under Subsection (4)(a), no interest or late fees may
accrue until after the board conducts the hearing and the lot owner receives a
final decision.
(5) A lot owner may
appeal a fine assessed under Subsection (1) by initiating a civil action within
180 days after:
(a) if the lot owner timely requests
an informal hearing under Subsection (4), the day on which the lot owner
receives a final decision from the board; or
(b) if the lot owner does not timely
request an informal hearing under Subsection (4), the day on which the time to
request an informal hearing under Subsection (4) expires.
(6) (a) Subject to
Subsection (6)(b), a board may delegate the board's rights and responsibilities
under this section to a managing agent.
(b) A board may not delegate the board's rights or responsibilities
described in Subsection (4)(b).
(7) The provisions of this section apply to an association
regardless of when the association is created.
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Notes (by Kimble Law PLLC): For when fines become a lien, see U.C.A. 57-8a-301(1)(a)(iii) (". . . an association has a lien on a lot for a fine if . . ."
Enacted 2006, ch. 243. Amended 2014, ch. 116, eff. May 13,
2014; Amended 2015, ch. 22, eff. May 12, 2015.