§ 57-8a-208. Fines. (Effective 5/13/2014)

(1) Unless otherwise provided in the association's governing documents, the board of an association may assess a fine against a lot owner for a violation of the association's governing documents after the requirements described in Subsection (2) are met.

(2) Before assessing a fine under Subsection (1), the board shall:

(a) notify the lot owner of the violation; and

(b) inform the owner that a fine will be imposed if the violation is not remedied within the time provided in the association's governing documents, which shall be at least 48 hours.

(3)

(a) A fine assessed under Subsection (1) shall:

(i) be made only for a violation of a rule, covenant, condition, or restriction that is specifically listed in the association's governing documents;

(ii) be in the amount specifically provided for in the association's governing documents for that specific type of violation or in an amount commensurate with the nature of the violation; and

(iii) accrue interest and late fees as provided in the association's governing documents.

(b) Unpaid fines may be collected as an unpaid assessment as set forth in the association's governing documents or in this chapter.

(4)

(a) A lot owner who is assessed a fine under Subsection (1) may request an informal hearing to protest or dispute the fine within 30 days after the day on which the fine is assessed.

(b) A hearing requested under Subsection (4)(a) shall be conducted in accordance with standards provided in the association's governing documents.

(c) No interest or late fees may accrue until after the hearing has been conducted and a final decision has been rendered.

(5) A lot owner may appeal a fine issued under Subsection (1) by initiating a civil action:

(a) if the lot owner timely requests an informal hearing under Subsection (4), within 180 days after the day on which a final decision from the informal hearing is issued; or

(b) if the lot owner does not timely request an informal hearing under Subsection (4), within 180 days after the day on which the time to request an informal hearing expires.

Amended by Chapter 116, 2014 General Session