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S.B. 168
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 14, 2006 at 11:41 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Fri, Feb 17, 2006 at 11:29 AM by ddonat. --> 1
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8 LONG TITLE
9 General Description:
10 This bill allows a homeowner association to impose fines for violations of the
11 association's rules.
12 Highlighted Provisions:
13 This bill:
14 . allows a homeowner association to impose fines for violations of the association's
15 rules;
16 . requires the homeowner association to notify a lot owner of a violation and inform
17 the lot owner of applicable fines; and
18 . provides for a hearing in which a lot owner may protest fines.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 57-8a-208, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
House Committee Amendments 2-17-2006 dd/crp
Senate 3rd Reading Amendments 2-14-2006 rd/crp
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Section 1.
Section
57-8a-208
is enacted to read:28
29 57-8a-208. Fines.
30 (1) S. [
30a in the association's governing documents .S , the board of a homeowner
31 association may assess a fine against a lot owner for a violation of the association's governing
32 documents after the requirements of Subsection (2) are met.
33 (2) Before assessing a fine under Subsection (1), the board shall:
34 (a) notify the lot owner of the violation; and
35 (b) inform the owner that a fine will be imposed if the violation is not remedied within
36 the time provided in the association's governing documents, which shall be at least 48 hours.
37 (3) (a) A fine assessed under Subsection (1) shall:
38 (i) be made only for a violation of a rule S. , covenant, condition, or restriction .S that
38a is specifically listed in the association's
39 governing documents S. [
40 (ii) be in the amount specifically provided for in the association's governing documents
41 for that specific type of violation S. or in an amount commensurate with the nature of the
41a violation .S ; and
42 (iii) accrue interest and late fees as provided in the association's governing documents.
43 (b) Unpaid fines may be collected as an unpaid assessment as set forth in the
44 association's governing documents or in this chapter.
45 (4) (a) A lot owner who is assessed a fine under Subsection (1) may request an
46 informal hearing to protest or dispute the fine within S. [
46a1 date the fine is
46a assessed.
47 (b) A hearing requested under Subsection (4)(a) shall be conducted in accordance with
48 standards provided in the association's governing documents.
49 (c) No interest or late fees may accrue until after the hearing has been conducted and a
50 final decision has been rendered.
Legislative Review Note
as of 1-23-06 8:59 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.