Note: All of these requirements apply regardless of when your association was created. An older association does not escape it.

A Fine Requires a Written Warning First

A board may assess a fine for a violation of the governing documents, but only after giving the owner a written warning. That warning must contain all of the following.

• A description of the violation
• The specific rule or provision of the governing documents that the conduct violates
• A statement that fines may be assessed if a continuing violation is not cured, or if the owner commits similar violations within one year of the warning or of a fine
• For a continuing violation, a cure time of not less than 48 hours after the warning is given (a continuing violation is one that can’t be stopped in the moment, like a house painted flamingo pink in violation of the association’s design guidelines)

A warning that omits any of these is not the warning the statute requires. If the association fined you without first identifying the rule, or without giving a continuing violation at least 48 hours to cure, that is worth raising at the hearing.

When a Fine Can Actually Be Assessed

After a proper warning, the board may fine you only if, within one year of the warning, you commit another violation of the same rule or provision identified in the warning, or, for a continuing violation, you do not cure within the time the warning stated.

The one-year window and the same-rule requirement are both limits. A warning about one rule does not authorize a fine for violating another.

Repeat Fines Without a New Warning

If the governing documents permit it, once a fine has been assessed, the board may fine you again without a further warning each time you commit a violation of the same rule within one year of that fine, or allow a violation to continue for 10 days or longer after the fine was assessed. 

Note the condition: this only applies if the governing documents permit it. Check whether yours do.

There Is No Statutory Cap on the Amount

A fine can only be imposed only for a violation of a rule, covenant, condition, or restriction in the association's governing documents, must be in the amount provided in those documents, and accrues interest and late fees as those documents provide. In other words, a fine can be located in the declaration or the adopted rules, but it must be stated somewhere. A board cannot charge a homeowner a fine if that amount has not previously been properly adopted.

Although there is no statutory cap on the amount that can be charged for a fine, fines are still technically rules, which means they must also be reasonable. An arbitrarily exorbitant fine may not meet the reasonableness standard, even if the board otherwise properly adopts it.

The Hearing, and the Clock That Stops Interest

You may request an informal hearing before the board to dispute a fine within 30 days after you receive notice that the fine was assessed. 

At that hearing, the board shall give you a reasonable opportunity to present your position, and shall allow you, a board member, or anyone else involved to participate by means of electronic communication. You do not have to appear in person.

If you request the hearing in a timely manner, no interest or late fees may accrue until after the board conducts the hearing and you receive a final decision. Requesting the hearing freezes the meter.

Appealing a Fine 

If you believe a fine has been issued in error, there are 3 options available to you:

1. Pursue a hearing with the board, as described above
2. Request an Advisory Opinion from the Office of the Homeowners’ Association Ombudsman
3. Appeal to a court

These options do not necessarily have to be followed in that order. You do not need to have a hearing before requesting an advisory opinion or before going to court. However, if you choose to go to court, you may lose the opportunity to request an advisory opinion or pursue a hearing later.

If you choose to appeal to a court, you may do so by initiating a civil action within 180 days. The clock starts on one of two days.

• If you timely requested an informal hearing: the day you receive the final decision
• If you did not: the day the 30-day window to request a hearing expires

Missing the appeal window has a second consequence. A fine becomes part of the association's assessment lien once the time to appeal expires without an appeal, or once a court upholds it. Until then, it is not lienable, and a lien that includes a fine cannot be enforced by nonjudicial foreclosure. See Assessments.

What the Board May Not Delegate

A board may delegate its rights and responsibilities under this section to a managing agent, except for the hearing itself. The obligation to hear you out and to permit electronic participation stays with the board.

Losing Utilities or Amenities for Nonpayment Is a Different Process

A fine is a sanction for breaking a rule. Termination of services for nonpayment of an assessment runs on its own track, and only if the declaration, bylaws, or rules authorize it. 

What can be terminated is limited: a utility service the owner pays for as a common expense, and access to and use of recreational facilities. Before terminating either, the association must give notice stating what will be terminated, the amount due, including interest and late fees, your right to request a hearing, and that at least 14 days are available to pay.

You have 14 days from the date you receive that notice to submit a written request for an informal hearing. If you request one, the association may not terminate anything until the board conducts the hearing and enters a final decision. 

If service is terminated and you then pay, the association must take immediate action to reinstate it. Section 57-8a-309(7).

Reviewed against the Utah Code, current as of September 9, 2026.