57-8a-201. Payment of a common expense or assessment

(1) An owner shall pay the owner's proportionate share of:
      (a) the common expenses; and
      (b) any other assessments levied by the association.

(2) A payment described in Subsection (1) shall be in the amount and at the time determined by the board of directors in accordance with the terms of the:
      (a) declaration; or
      (b) bylaws.

(3) An assessment levied against a lot is:
      (a) a debt of the owner at the time the assessment is made; and
      (b) collectible as a debtfn1 described in Subsection (3)(a). 


Enacted by Chapter 153, 2004 General Session


FN 1.   For instance, an HOA may pursue a money judgment against the homeowner personally for the amounts owed, and if a judgment is obtained, the HOA may attempt to collect on that judgment by wage garnishment, asset seizure and so forth.  See Section 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.")


Print   Email