57-8a-204.   Unpaid assessment -- Utility service -- Right of access and use.
     (1) When authorized in the declaration, bylaws, or rules adopted by the board of directors, if the owner fails or refuses to pay an assessment when due, the board of directors may, after giving notice and an opportunity to be heard in accordance with Subsection (2), terminate an owner's right:
     (a) to receive utility services paid as a common expense; and
     (b) of access and use of recreational facilities.
     (2) (a) Before terminating utility services or right of access and use of recreational facilities under Subsection (1), the manager or board of directors shall give written notice to the owner in the manner provided in the declaration, bylaws, or rules.
     (b) The notice described in Subsection (2)(a) shall inform the owner:
     (i) that utility service or right of access and use of recreational facilities will be terminated if payment of the assessment is not received within the time provided in the declaration, bylaws, or rules, which time shall be stated and be at least 48 hours;
     (ii) of the amount of the assessment due, including any interest or late payment fee; and
     (iii) of the right to request a hearing under Subsection (3).
     (3) (a) An owner who is given notice under Subsection (2) may request an informal hearing to dispute the assessment by submitting a written request to the board of directors within 14 days after the date on which the owner receives the notice described in Subsection (2).
     (b) The hearing shall be conducted by the board of directors in accordance with the standards provided in the declaration, bylaws, or rules.
     (c) If a hearing is requested, utility services or right of access and use of recreational facilities may not be terminated until after the hearing has been conducted and a final decision has been entered.
     (4) Upon payment of the assessment due, including any interest or late payment fee, the manager or board of directors shall immediately take action to reinstate the terminated utility services.

Enacted by Chapter 153, 2004 General Session
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Last revised: Thursday, May 28, 2009