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).

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
CounselOurHOA.com
HOA resources and laws annotated
CounselOurHOA.com
HOA resources and laws annotated