57-8a-208 - Fines. - Utah Statutes

57-8a-208. Fines.
(1) Unless otherwise provided in the association's governing documents, the board of ahomeowner association may assess a fine against a lot owner for a violation of the association'sgoverning documents after the requirements of Subsection (2) are met.
(2) Before assessing a fine under Subsection (1), the board shall:
(a) notify the lot owner of the violation; and
(b) inform the owner that a fine will be imposed if the violation is not remedied withinthe time provided in the association's governing documents, which shall be at least 48 hours.
(3) (a) A fine assessed under Subsection (1) shall:
(i) be made only for a violation of a rule, covenant, condition, or restriction that isspecifically listed in the association's governing documents;
(ii) be in the amount specifically provided for in the association's governing documentsfor that specific type of violation or in an amount commensurate with the nature of the violation;and
(iii) accrue interest and late fees as provided in the association's governing documents.
(b) Unpaid fines may be collected as an unpaid assessment as set forth in theassociation's governing documents or in this chapter.
(4) (a) A lot owner who is assessed a fine under Subsection (1) may request an informalhearing to protest or dispute the fine within 14 days from the date the fine is assessed.
(b) A hearing requested under Subsection (4)(a) shall be conducted in accordance withstandards provided in the association's governing documents.
(c) No interest or late fees may accrue until after the hearing has been conducted and afinal decision has been rendered.

Enacted by Chapter 243, 2006 General Session