Effective 5/13/2014 57-8a-301. Lien in favor of association for assessments and costs of collection. (1) (a) Except as provided in Section 57-8a-105, an association has a lien on a lot for: (i) an assessment; (ii) except as provided in the declaration, fees, charges, and costs associated with collecting an unpaid assessment, including: (A) court costs […]
57-8a-302. Enforcement of a lien. (1) (a) Except as provided in Section 57-8a-105, to enforce a lien established under Section 57-8a-301, an association may: (i) cause a lot to be sold through nonjudicial foreclosure as though the lien were a deed of trust, in the manner provided by: (A) Sections 57-1-24, 57-1-25, 57-1-26, and 57-1-27; […]
Effective 5/12/2020 57-8a-303. Notice of nonjudicial foreclosure — Limitations on nonjudicial foreclosure. (1) At least 30 calendar days before the day on which an association initiates a nonjudicial foreclosure by filing for record a notice of default in accordance with Section 57-1-24, the association shall deliver notice to the owner of the lot that is […]
57-8a-304. Provisions applicable to nonjudicial foreclosure. (1) An association’s nonjudicial foreclosure of a lot is governed by: (a) Sections 57-1-19 through 57-1-34, to the same extent as though the association’s lien were a trust deed; and (b) this part. (2) If there is a conflict between a provision of this part and a provision of […]
57-8a-305. One-action rule not applicable — Abandonment of enforcement proceeding. (1) Subsection 78B-6-901(1) does not apply to an association’s judicial or nonjudicial foreclosure of a lot under this part. (2) An association may abandon a judicial foreclosure, nonjudicial foreclosure, or sheriff’s sale and initiate a separate action or another judicial foreclosure, nonjudicial foreclosure, or sheriff’s […]
57-8a-306. Costs and attorney fees in lien enforcement action. (1) A court entering a judgment or decree in a judicial action brought under this part shall award the prevailing party its costs and reasonable attorney fees incurred before the judgment or decree and, if the association is the prevailing party, any costs and reasonable attorney […]
57-8a-307. Action to recover unpaid assessment. An association need not pursue a judicial foreclosure or nonjudicial foreclosure to collect an unpaid assessment but may file an action to recover a money judgment for the unpaid assessment without waiving the lien under Section 57-8a-301. Enacted by Chapter 355, 2011 General Session
57-8a-308. Appointment of receiver. In an action by an association to collect an assessment or to foreclose a lien for an unpaid assessment, a court may: (1) appoint a receiver, in accordance with Section 7-2-9, to collect and hold money alleged to be due and owing to a lot owner: (a) before commencement of the […]
57-8a-309. Termination of a delinquent owner’s rights — Notice — Informal hearing. (1) As used in this section, “delinquent lot owner” means a lot owner who fails to pay an assessment when due. (2) A board may, if authorized in the declaration, bylaws, or rules and as provided in this section, terminate a delinquent lot […]
57-8a-310. Requiring tenant in residential lot to pay rent to association if owner fails to pay assessment. (1) As used in this section: (a) “Amount owing” means the total of: (i) any assessment or obligation under Section 57-8a-301 that is due and owing; and (ii) any applicable interest, late fee, and cost of collection. (b) […]
57-8a-311. Statement from association’s manager or board of unpaid assessment. (1) An association’s manager or board shall issue a written statement indicating any unpaid assessment with respect to a lot owner’s lot upon: (a) a written request by the lot owner; and (b) payment of a reasonable fee not to exceed $25. (2) A written […]
