57-8-37 - Fines.
57-8-37. Fines.
(1) (a) If authorized in the declaration, bylaws, or association rules, the managementcommittee of a residential condominium project may assess a fine against a unit owner after therequirements of Subsection (2) have been met for a violation of the rules and regulations of theassociation of unit owners which have been promulgated in accordance with this chapter and thedeclaration and bylaws.
(b) The management committee of a nonresidential condominium project may not assessa fine against a unit owner.
(2) Before assessing a fine under Subsection (1), the management committee shall givenotice to the unit owner of the violation and inform the owner that a fine will be imposed if theviolation is not cured within the time provided in the declaration, bylaws, or association rules,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 or regulation which is specifically listed in thedeclaration, bylaws, or association rules as an offense which is subject to a fine;
(ii) be in the amount specifically provided for in the declaration, bylaws, or associationrules for that specific type of violation, not to exceed $500; and
(iii) accrue interest and late fees as provided in the declaration, bylaws, or associationrules.
(b) Cumulative fines for a continuing violation may not exceed $500 per month.
(4) A unit owner who is assessed a fine under Subsection (1) may request an informalhearing to protest or dispute the fine within 30 days from the date the fine is assessed. Thehearing shall be conducted in accordance with the standards provided in the declaration, bylaws,or association rules. No interest or late fees may accrue until after the hearing has beenconducted and a final decision has been rendered.
(5) A unit owner may appeal a fine issued under Subsection (1) by initiating a civil actionwithin 180 days after:
(a) a hearing has been held and a final decision has been rendered by the managementcommittee under Subsection (4); or
(b) the time to request an informal hearing under Subsection (4) has expired without theunit owner making such a request.
(6) A fine assessed under Subsection (1) which remains unpaid after the time for appealunder Subsection (5) has expired becomes a lien against the unit owner's interest in the property inaccordance with the same standards as a lien for the nonpayment of common expenses underSection 57-8-20.
Enacted by Chapter 317, 2001 General Session