H.B. 379

1

HOMEOWNERS' ASSOCIATION FINE
2 AUTHORIZATION
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Judy Ann Buffmire
6 This act modifies the Condominium Ownership Act. The act grants fine authority to the
7 management committee for violations of the association's rules and regulations where
8 authorized in the condominium declaration or bylaws. The act sets limits on the fines and
9 provides for interest and late fees. The act provides for informal hearings and the initiation
10 of a civil action to contest a fine. The act creates a lien for unpaid fines.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 ENACTS:
13 57-8-37, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 57-8-37 is enacted to read:
16 57-8-37. Fines.
17 (1) If authorized in the declaration, bylaws, or association rules, the management
18 committee may assess a fine against a unit owner for a violation of the rules and regulations of the
19 association of unit owners which have been promulgated in accordance with this chapter and the
20 declaration and bylaws.
21 (2) A fine assessed under Subsection (1) shall:
22 (a) be in the amount provided for in the declaration, bylaws, or association rules for that
23 type of violation, not to exceed $500; and
24 (b) accrue interest and late fees as provided in the declaration, bylaws, or association rules.
25 (3) A unit owner who is assessed a fine under Subsection (1) may request an informal
26 hearing to protest or dispute the fine. The hearing shall be conducted in accordance with the
27 standards provided in the declaration, bylaws, or association rules. No interest or late fees may

28 accrue until after the hearing has been conducted and a final decision has been rendered.
29 (4) A unit owner may appeal a fine issued under Subsection (1) by initiating a civil action
30 within 180 days after a hearing has been held and a final decision has been rendered by the
31 management committee under Subsection (3).
32 (5) A fine assessed under Subsection (1) which remains unpaid after the time for appeal
33 has expired becomes a lien against the unit owner's interest in the property in accordance with the
34 same standards as a lien for the nonpayment of common expenses under Section 57-8-20 .




Legislative Review Note
as of 2-6-01 10:02 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel