Condominium Ownership Act
Utah Code Title 57, Chapter 8
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The below is not updated with new changes to the law after 2018!
57-8-37. Fines.
(1) A management committee may assess a fine against a unit
owner for a violation of the association of unit owners' governing documents in
accordance with the provisions of this section.
(2)(a) Before assessing a fine under Subsection (1), the
management committee shall give the unit owner a written warning that:
(i) describes the violation;
(ii) states the rule or
provision of the association of unit owners' governing documents that the unit
owner's conduct violates;
(iii) states that the
management committee may, in accordance with the provisions of this section,
assess fines against the unit owner if a continuing violation is not cured or
if the unit owner commits similar violations within one year after the day on
which the management committee gives the unit owner the written warning or
assesses a fine against the unit 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 management committee gives the unit owner the written warning
by which the unit owner shall cure the violation.
(b) A management committee may assess
a fine against a unit owner if:
(i) within one year after the
day on which the management committee gives the unit owner a written warning
described in Subsection (2)(a), the unit owner commits another violation of the
same rule or provision identified in the written warning; or
(ii) for a continuing
violation, the unit 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
of unit owners' governing documents, after a management committee assesses a
fine against a unit owner under this section, the management committee may,
without further warning under this Subsection (2), assess an additional fine
against the unit owner each time the unit owner:
(i) commits a violation of the
same rule or provision within one year after the day on which the management
committee 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 management committee
assesses the fine.
(d) The aggregate amount of fines
assessed against a unit owner for violations of the same rule or provision of
the governing documents may not exceed $500 in any one calendar month.
(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 of unit
owners' governing documents;
(b) be in the amount provided for in
the association of unit owners' governing documents and in accordance with
Subsection (2)(d); and
(c) accrue interest and late fees as
provided in the association of unit owners' governing documents.
(4)(a) A unit owner who is assessed a fine under Subsection
(1) may request an informal hearing before the management committee to dispute
the fine within 30 days after the day on which the unit owner receives notice
that the fine is assessed.
(b) At a hearing described in
Subsection (4)(a), the management committee shall:
(i) provide the unit owner a
reasonable opportunity to present the unit owner's position to the management
committee; and
(ii) allow the unit owner, a
committee member, or any other person involved in the hearing to participate in
the hearing by means of electronic communication.
(c) If a unit owner timely requests
an informal hearing under Subsection (4)(a), no interest or late fees may
accrue until after the management committee conducts the hearing and the unit
owner receives a final decision.
(5) A unit owner may appeal a fine assessed under Subsection
(1) by initiating a civil action within 180 days after:
(a) if the unit owner timely requests
an informal hearing under Subsection (4), the day on which the unit owner
receives a final decision from the management committee; or
(b) if the unit 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 management committee
may delegate the management committee's rights and responsibilities under this
section to a managing agent.
(b) A management committee may not
delegate the management committee's rights or responsibilities described in
Subsection (4)(b).
(7) The provisions of this section apply to an association
of unit owners regardless of when the association of unit owners is created.
Enacted 2001, ch 317. Amended 2014, ch. 116, eff. May 13, 2014; 2015, ch. 22, eff. May 12, 2015.