late fees

In the event a late fee is not authorized in a declaration, both the Condo Act and the Community Association Act authorize associations to adopt a rule imposing a charge for a late payment of an assessment.  See Utah Code Subsections 57-8-8.1(5)(c) and 57-8a-218(13)(c).   

An association has a lien on a unit or lot for late fees, as well.  See Utah Code Subsections 57-8-44(1)(a)(ii)(B) and 57-8a-301(1)(a)(ii)(B).

Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

57-8-44. Lien in favor of association of unit owners for assessments and costs of collection
57-8-8.1. Equal treatment by rules required -- Limits on rules
57-8a-218. Equal treatment by rules required -- Limits on association rules and design criteria
57-8a-301. Lien in favor of association for assessments and costs of collection
Centennial Pointe v. Onyeabor (late fees as liq. damages, constructive notice) '09