57-8a-201. Payment of a common expense or assessment
(1) An ownerfn1 shall pay the owner's proportionate share of:
(a) the common expenses; and
(b) any other assessments levied by the association.
(2) A payment described in Subsection (1) shall be in the amount and at the time determined by the board of directors in accordance with the terms of the:
(a) declaration; or
(b) bylaws.
(3) An assessment levied against a lot is:
(a) a debt of the owner at the time the assessment is made; and
(b) collectible as a debtfn2 described in Subsection (3)(a).
Enacted by Chapter 153, 2004 General Session
FN 1. The term "owner" is not defined, but presumably, when used here, "owner" means "lot owner" or "owner of a lot."
FN 2. For instance, an HOA may collect an assessment as a debt of the lot owner by pursuing a money judgment from a court against the lot owner personally for the amounts owed, and if a judgment is obtained, the HOA may attempt to collect on that judgment by wage garnishment, asset seizure and so forth. See Section 57-8a-307. Action to recover unpaid assessment ("An association need not pursue a judicial foreclosure or nonjudicial foreclosure to collect an unpaid assessment but may file an action to recover a money judgment for the unpaid assessment without waiving the lien under Section 57-8a-301.")
Questions and Answers
Have questions about a statute? Ask it and an experienced Utah HOA attorney will answer it, plus see all the previous questions and answers.
Only members may post and view questions and answers. Join us by subscribing today!
Key Concepts explained
The index is the main hub of the site, where key concepts are explained
The 6 resolutions & 5 forms every HOA should have
Procedures required by law, updated as the laws change yearly, so your HOA is always in compliance. Plus other policy resolutions
*Prudent-Legal plan only
Step-by-Step Guides
• Guides to walk board through owner requests for: records, assistance animal (disability), satellite dish, solar device. Avoid violating federal and Utah law!
• Guides to walk a homeowner through making request for records and to keep an assistance animal for a person with a disability.
2 Hours Attorney Time
Counsel from a Utah HOA specialist attorney
*Prudent-Legal plan only
Q & A
Have questions about a statute? Ask it and an experienced HOA attorney will answer it. Plus, see all the other Q & A.
Legal Updates
Stay informed! Get updates of new HOA laws with explanations of how they affect your community and what to do to comply and minimize risk.
Tools to help you understand the law
Key words defined in hovercards, powerful search, comments, footnotes, tags, explanations and case law summaries
