(Fees discussed here do not include annual or special assessments.)

As a general rule, an association may only charge a fee to an owner if the fee is specifically authorized in the CC&Rs or bylaws or in the law. 

Fees Authorized by Law

The following fees may be charged to an owner without being authorized in the CC&Rs or rules, because they are authorized by law:

• providing a statement of unpaid assessments (not to exceed $25) (see Utah Code § 57-8a-206 or 57-8-54),
• for the reasonable cost of the copies or electronic scans, and for time spent meeting with the owner, in complying with a request by the owner for records of the association.  The fees may not exceed: (1) the actual cost that the association paid to a recognized third party duplicating service to make the copies or electronic scans, or (2) 10 cents per page and $20 per hour for the employee's, manager's, or other agent's time making the copies or electronic scans. An association may not charge for the costs of elecronic transmission of records requested by an owner (see Utah Code § 57-8a-227 or 57-8-17),  
• collection costs and attorney fees incurred by the association in collecting an amount due from the owner (see Utah Code §§ 57-8a-301 & 306 or 57-8-44 & 49),
• while interest is not a fee, the law authorizes interest on an unpaid assessment or fine at the rate provided in Utah Code Subsection 15-1-1(2) (10% per annum) or in a governing document that provides a different rate (see Utah Code § 57-8a-301(3) or 57-8-44), and
• the cost associated with reinstating a common utility service that the association terminated because the owner failed to pay an assessment, as provided in Utah Code § 57-8a-309 or 57-8-52.
• expenses related to the transfer of a unit or lot, called an "association transfer fee," which is charged upon transfer of a property relating to the sale of the property.  The fee must be used to pay the association's expenses related to the transfer.  See Utah Code § 57-1-46.

The law authorizes a board to adopt a rule that institutes a fee for:

• a late payment of an assessment (a late fee) up to the greater of 10% of the assessment amount or $50, and interest up to 1.5% per month, if not already authorized in the CC&Rs or bylaws, (see Utah Code § 57-8a-201 or 57-8-8.1).
• the use, rental, or operation of the common areas, except limited common areas,
• a service provided to an owner,
• a rental unit owner to use the common areas, (see Utah Code § 57-8a-218 or 57-8-8.1) and
• a rental owner to be able to rent their unit, as detailed in Index, rentals (see Utah Code § 57-8a-209 or 57-8-10.1).

Fees Prohibited by Law

The law prohibits an association from charging a fee:

• to the owner of a rental just because the unit is a rental (see Utah Code § 57-8a-209(8) or 57-8-10.1 (an association may not require a unit owner to "pay an additional assessment, fine, or fee because the lot is a rental lot")), except for the fee described in the last bullet point above;
• for review and approval of plans for the construction or improvement of a unit/lot if the fee exceeds the actual cost of reviewing and approving the plans (see Utah Code § 57-8a-109 or 57-8-6.7);
• for providing association payoff information needed in connection with the closing of an owner's financing, refinancing, or sale of the owner's unit, unless the fee is specifically authorized in the CC&Rs, bylaws, or rules.  The fee may not exceed $50 and may not be required to be paid before closing.  (See Utah Code § 57-8a-106 or 57-8-6.3.); 
• that exceeds the greater of 10% of the assessment amount or $50 for a late payment of an assessment (a late fee) or interest at more than 1.5% per month, unless authorized in the CC&Rs or bylaws directly (see Utah Code § 57-8a-201 or 57-8-8.1); and
• that is defined in the law as a reinvestment fee, unless it is properly authorized and approved as detailed in Index, reinvestment fee.

Other Fees

Otherwise, as a general matter, the CC&Rs or bylaws must contain authorization for any other fee an association charges to an owner.

Fees Should be for Costs Incurred, Not Common Expenses

Fees should always be reasonably related to the costs of providing the service or the value of the service that the fee is charged for, unless the CC&Rs state the fee does not have to be limited to such costs or value.  This limitation is not stated in a Utah statute, but is an application of the association’s duty to treat the members of the association fairly.  In other words, because of an association’s duty to treat its members fairly, fees should not be used to force a minority of the community to subsidize the benefits to the other members, unless the required number of members agree in an amendment to the CC&Rs.  These principles come from common law, as stated in the Third Restatement of the Law, Property (Servitudes), not Utah statute.

So, as a matter of general practice, rather than being funded by fees, the common expenses of an association should be funded by regular assessments such that each owner pays a proportionate share of the common expenses in the proportions stated in the CC&Rs.  But, the association can charge whatever fee is authorized in the recorded CC&Rs, regardless of actual costs, except where limited by statute.

See also Index, reinvestment fee (for reinvestment fees/transfer fees); and Index, attorney fees.