For volunteer board members
Utah HOA Rules for Board Members (2026)
New to a Utah HOA or condo board? Before you send a violation letter or set a fine, it helps to know what the law actually says. Here are the Utah rules in plain words, each with its statute section and a link to the official text.
Utah community associations under the Community Association Act (Utah Code Title 57, Chapter 8a) and condominium associations under the Condominium Ownership Act (Chapter 8), whose fine steps are the same (§57-8-37) with a $500-per-calendar-month cap per rule. The fine rules apply regardless of when the association was created. The fine amount comes from your governing documents.
- Earliest cure time a warning can state (48 hours after the day the warning is given): for a continuing violation, the cure time in the warning must be at least 48 hours after the day the warning is given. Stating a later date is fine.
- Earliest fine for a continuing violation (the day after the cure time in the warning): A continuing violation may be fined only if it isn't cured within the time stated in the warning.
- Owner's 30 days to request an informal hearing end (counted from the fine notice date you sent): utah counts the 30 days from the day the owner receives the notice that the fine is assessed, so allow for delivery time; Kindly Board counts from the date you sent it.
Updated October 2026. Not legal advice.
Key Utah deadlines at a glance
| Deadline | What the law says |
|---|---|
| Earliest cure time a warning can state (48 hours after the day the warning is given) | For a continuing violation, the cure time in the warning must be at least 48 hours after the day the warning is given. Stating a later date is fine. Utah Code §57-8a-208(1)-(3) |
| Earliest fine for a continuing violation (the day after the cure time in the warning) | A continuing violation may be fined only if it isn't cured within the time stated in the warning. Utah Code §57-8a-208(1)-(3) |
| Owner's 30 days to request an informal hearing end (counted from the fine notice date you sent) | Utah counts the 30 days from the day the owner receives the notice that the fine is assessed, so allow for delivery time; Kindly Board counts from the date you sent it. Utah Code §57-8a-208(4),(6) |
| Earliest added fine for a continuing violation without a new warning (10 days after the fine, if your documents permit) | If your governing documents permit, a violation that continues 10 days or longer after the fine may be fined again without a new warning. Utah Code §57-8a-208(2)(c) |
| Owner's appeal period ends if no hearing is requested (180 days after the 30-day window) | With no hearing request, the owner may file a civil action within 180 days after the 30-day hearing-request period ends. Kindly Board counts from the date you sent the fine notice; the statute counts from the owner's receipt. Utah Code §57-8a-208(5) |
| Kindly Board's suggested hearing date (10 days after the hearing notice; not a Utah rule) | Utah sets no deadline or notice period for the informal hearing. Kindly Board suggests about 10 days' notice so the owner can prepare, unless the owner wants it sooner; your documents control. Utah Code §57-8a-208 (none set); §57-8a-214 |
| Owner's appeal period ends (180 days after receiving the final decision) | After a timely hearing request, the owner may file a civil action within 180 days after receiving the board's final decision. Kindly Board counts from the date you gave it. Utah Code §57-8a-208(5) |
Which Utah law applies
The Community Association Act applies if the declaration says so; if the declaration doesn't say whether it or the Condominium Ownership Act applies, the Community Association Act applies when the plats are not designated as condominium plats, regardless of when the association was created. Its fine rules (§57-8a-208) apply regardless of when the association was created.
A board may fine a lot owner for a violation of the governing documents only under §57-8a-208. Before assessing a fine, the board must give a written warning that describes the violation, states the rule or provision violated, states that the board may fine if a continuing violation is not cured or if similar violations occur within one year after the warning or a fine, and, for a continuing violation, states a cure time not less than 48 hours after the day the warning is given. The board may fine only if, within one year after the warning, the owner violates the same rule again, or, for a continuing violation, doesn't cure it within the time stated. A fine may be made only for a violation of a rule, covenant, condition or restriction in the governing documents, in the amount the governing documents provide, and accrues interest and late fees as they provide.
The Community Association Act sets no dollar cap on fines; the amount comes from your governing documents, and rules must be reasonable. Condominiums: the same steps apply (§57-8-37), and the total of fines for violations of the same rule may not exceed $500 in any one calendar month.
How Utah counts days
Time, how computed. (1) A person shall compute the period of time provided by law to perform an act by: (a) excluding the first day; and (b) except as provided in Subsection (2), including the last day. (2) If the last day is a legal holiday, a Saturday, or a Sunday, then a person shall: (a) exclude the day described in this Subsection (2) from the time computation described in Subsection (1); and (b) compute the period of time to include the end of the next day that is not a legal holiday, a Saturday, or a Sunday.
Violation notices and the chance to fix in Utah
Notice by a method allowed under the Utah Revised Nonprofit Corporation Act is fair and reasonable notice, whether or not the association is a nonprofit corporation; another method is fair and reasonable if the declaration, articles, bylaws or rules authorize it and it is fair and reasonable in the circumstances. Electronic notice (text, email, website) may be used if the governing documents provide; an owner may, by written demand, require notice by mail.
Hearings in Utah
An owner who is fined may request an informal hearing before the board within 30 days after the day the owner receives notice that the fine is assessed. At the hearing the board must give the owner a reasonable opportunity to present the owner's position, and must allow the owner, a board member or anyone else involved to participate by electronic communication. If the owner requests a hearing in time, no interest or late fees may accrue until after the board holds the hearing and the owner receives a final decision. The board may delegate its fine duties to a managing agent, but not these hearing duties. The statute sets no deadline for scheduling the hearing or issuing the final decision.
The owner may appeal a fine by filing a civil action within 180 days after receiving the board's final decision (if a hearing was requested in time) or after the 30-day hearing-request period expires (if not).
Utah sets no deadline for scheduling the informal hearing or issuing the board's final decision, and no required content or delivery method for the fine notice or the decision, apart from the general notice rule. Your documents control those.
Fines in Utah
If the governing documents permit, after a fine the board may fine again without a new warning each time the owner violates the same rule within one year after the fine, or lets a violation continue 10 days or longer after the fine.
A fine becomes part of the association's lien only if the appeal time expired with no appeal, or a court issued a final order upholding the fine. An unpaid fine accrues interest at the statutory rate or the declaration's rate. An association may not use nonjudicial foreclosure to enforce a lien that includes a fine. While a required registration with the Department of Commerce, or an update within 90 days of a change, is missing, a lien may not arise and an existing lien may not be enforced. Talk to a Utah attorney before any lien or lawsuit.
Utah Code §57-8a-301(1)(a)(iii),(3); §57-8a-303(3)(c); §57-8a-105(2),(5),(6)
Meetings and votes in Utah
The board may act only at a board meeting (or by action without a meeting under the Nonprofit Corporation Act). At least 48 hours before a board meeting, the board must email written notice to each owner who asked for notice, stating the time, date and location (and how to join electronically if a board member may), unless the meeting is on a schedule already given to the owner or is an emergency meeting. Board meetings are open to owners; the board may close a meeting only for listed topics, including a delinquent assessment or fine. Owners get a reasonable opportunity to comment at each board meeting.
Records in Utah
The association must make listed records available, including the governing documents, recent minutes, budget, financial statement, reserve analysis and insurance certificates. It must comply with an owner's written records request within 10 business days, may redact Social Security numbers, bank account numbers and attorney-client privileged communications, and may charge only limited copy costs (none for electronic transmission).
Other rules boards should know
The board uses reasonable judgment whether to enforce. It may decline after a fair review, in good faith and without a conflict of interest, for listed reasons (its legal position, likely inconsistency with law, a technical or immaterial violation, or the association's best interests); declining doesn't prevent later enforcement, and the board may not be arbitrary, capricious or against public policy.
Before a court action or binding arbitration starts, owners and associations may request a written advisory opinion from the Office of the Homeowners' Association Ombudsman (Department of Commerce), within one year after they knew or should have known of the act, after exhausting the governing documents' dispute procedures.
Step by step: a Utah violation case
The order Kindly Board walks a Utah board through, from the first look to the last letter.
- Check before you start Every case
Confirm the Community Association Act (or the Condominium Act) applies, the rule is in your governing documents, and your documents set the fine amount. - Courtesy reminder Optional
Optional friendly reminder. It isn't the written warning Utah requires before a fine. - Written warning and time to cure Before any fine (Utah Code §57-8a-208(2))
A written warning naming the violation and the rule, saying the board may fine, and, for a continuing violation, a cure time of at least 48 hours after the day it's given. - Fine and notice of fine Only after the written warning
Only after the written warning: when a continuing violation isn't cured in the stated time, or the same rule is broken again within a year. Amount from your documents. - Informal hearing (if the owner asks) If the owner asks within 30 days after the fine notice
If the owner asks within 30 days after receiving the fine notice, hold an informal hearing; the owner may take part electronically. - Final decision After any hearing
Decide at a board meeting and give the owner the final decision in writing; the 180-day appeal clock runs from the owner's receipt. - Close the case Every case
Confirm the fix and keep the file. Owners may request association records.
Utah HOA rules: FAQ
What HOA law applies in Utah?
Utah community associations under the Community Association Act (Utah Code Title 57, Chapter 8a) and condominium associations under the Condominium Ownership Act (Chapter 8), whose fine steps are the same (§57-8-37) with a $500-per-calendar-month cap per rule. The fine rules apply regardless of when the association was created. The fine amount comes from your governing documents. The main sources: Utah law (the Community Association Act, Utah Code Title 57, Chapter 8a, and the Condominium Ownership Act, Chapter 8).
How are days counted for Utah HOA deadlines?
Days are counted the way Utah Code §68-3-7 counts them: the first day doesn't count, the last day does, and an owner's deadline that lands on a Saturday or Sunday runs to the next business day. Check Utah's legal holiday list too.
What are the key deadlines in a Utah HOA violation case?
Earliest cure time a warning can state (48 hours after the day the warning is given): for a continuing violation, the cure time in the warning must be at least 48 hours after the day the warning is given. Stating a later date is fine. (Utah Code §57-8a-208(1)-(3)) Earliest fine for a continuing violation (the day after the cure time in the warning): A continuing violation may be fined only if it isn't cured within the time stated in the warning. (Utah Code §57-8a-208(1)-(3)) Owner's 30 days to request an informal hearing end (counted from the fine notice date you sent): utah counts the 30 days from the day the owner receives the notice that the fine is assessed, so allow for delivery time; Kindly Board counts from the date you sent it. (Utah Code §57-8a-208(4),(6)) Earliest added fine for a continuing violation without a new warning (10 days after the fine, if your documents permit): if your governing documents permit, a violation that continues 10 days or longer after the fine may be fined again without a new warning. (Utah Code §57-8a-208(2)(c))
What does Utah law say about HOA fines?
If the governing documents permit, after a fine the board may fine again without a new warning each time the owner violates the same rule within one year after the fine, or lets a violation continue 10 days or longer after the fine. (Utah Code §57-8a-208(2)(c))
What does Utah law say about violation hearings?
An owner who is fined may request an informal hearing before the board within 30 days after the day the owner receives notice that the fine is assessed. At the hearing the board must give the owner a reasonable opportunity to present the owner's position, and must allow the owner, a board member or anyone else involved to participate by electronic communication. If the owner requests a hearing in time, no interest or late fees may accrue until after the board holds the hearing and the owner receives a final decision. The board may delegate its fine duties to a managing agent, but not these hearing duties. The statute sets no deadline for scheduling the hearing or issuing the final decision. (Utah Code §57-8a-208(4),(6))