Community Association Act Assessments
Living in a Homeowners' Association (HOA) comes with great perks, like shared amenities and well-kept neighborhoods. To keep the community looking great and running smoothly, everyone shares the costs. We do this through assessments, also called HOA dues. Here is a simple guide to how assessments work in Utah, what they pay for, and what is required of you as a homeowner.
What is an Assessment?
When you bought your home, you agreed to the community's rules. These rules are written in a document called the CC&Rs (Covenants, Conditions, and Restrictions). One of the main rules is that every owner must pay their fair share of the community's bills. An assessment is simply your portion of those bills.
There are two main types of assessments you need to know about: Annual Assessments and Special Assessments.
1. Annual Assessments (Regular Dues)
This is the regular amount you pay to the HOA. Even though it is called an "annual" assessment, many communities let you pay it in monthly or quarterly chunks.
How is the amount decided? Every year, the HOA Board of Directors reviews the community's bills and estimates how much money will be needed the following year. This is called the annual budget. Once the budget is set, the total cost is divided among all the homeowners.
What do annual assessments pay for?
- Daily upkeep: Things like neighborhood landscaping, snow removal, and trash collection.
- Shared spaces: Keeping the pool, clubhouse, gym, or community parks clean and working.
- Insurance: Paying for insurance on the shared parts of the neighborhood.
- The Reserve Fund: A portion of your dues goes into a giant savings account. This is used to pay for major, anticipated repairs in the future, such as repaving the private neighborhood roads or installing a new roof on the clubhouse.
2. Special Assessments (Unexpected Costs)
Sometimes, the HOA has to pay for something big that wasn't in the regular budget. When this happens, the HOA may charge a Special Assessment. This is an extra charge on top of your regular dues.
Why would we need a special assessment?
- A major emergency occurs, such as a flood or windstorm, that damages shared property and exceeds the insurance policy's coverage.
- A major repair is needed, but there isn't enough money in the Reserve Fund savings account to cover it.
- The HOA faces an unexpected legal expense.
How are special assessments approved? The Board of Directors can't just charge a special assessment whenever it wants. Under your community's rules, there is generally a strict process. Often, homeowners get to vote on approving a very large special assessment before it can be charged.
What Happens if I Don't Pay?
We know that paying assessments isn't the most fun part of owning a home, but it is a legal requirement. If homeowners don't pay, the community can't pay its bills, which hurts the whole neighborhood.
If you miss a payment, the HOA has legal tools to collect the money under Utah law:
- Late Fees and Interest: The HOA can charge you extra fees for late payments.
- Loss of Perks: The HOA might turn off your access to the pool, gym, or other shared areas until you pay.
- A Lien on Your Home: The HOA can place a legal hold (a lien) on your home. This means you cannot easily sell or refinance your home until the debt is paid.
- Foreclosure: This is the most serious step. If you ignore the debt for too long, Utah law allows the HOA to force the sale of your home to pay off what you owe.
Helpful Resources
Feel free to use the information below to help your association ensure everyone in your community understands assessments, how they work, and how they serve the HOA as a whole. These resources can be used together or individually for a variety of purposes, including homeowner meetings, general guidance and information, or dispute resolution.
- Assessments Handout
- Assessments Podcast
- Assessments Training Presentation