Utah Statewide Rule

Utah HOA Assessments, Liens & Nonjudicial Foreclosure (Community Association Act, Utah Code §§ 57-8a-301 to -305)

Heavy RestrictionsApplies statewide across Utah (2026)

Key Facts

Governing law: Utah Code §§ 57-8a-301 to -305 (Community Association Act)
Statutory lien?: Yes: assessments, costs, attorney fees, qualifying fines
Foreclosure type: Nonjudicial (trustee's sale) or judicial; qualified trustee required
Owner safeguard: 30-day notice; owner may demand judicial foreclosure within 30 days
Homestead exemption: Does not apply: lien exempt from Utah Exemptions Act

Last verified: September 5, 2026

Summary

Utah's Community Association Act gives an HOA a statutory lien on a lot for unpaid assessments, collection costs, attorney fees, and qualifying fines (§ 57-8a-301). The association may enforce that lien by nonjudicial foreclosure, a trustee's sale, as though the lien were a deed of trust, making Utah a strong HOA-collection state.

57-8a-301. Lien in favor of association for assessments and costs of collection. (1) (a) Except as provided in Section 57-8a-105, an association has a lien on a lot for: (i) an assessment; (ii) except as provided in the declaration, fees, charges, and costs associated with collecting an unpaid assessment, including: (A) court costs and reasonable attorney fees; (B) late charges; (C) interest; and (D) any other amount that the association is entitled to recover under the declaration, this chapter, or an administrative or judicial decision; and (iii) a fine that the association imposes against a lot owner in accordance with Section 57-8a-208, if: (A) the time for appeal described in Subsection 57-8a-208(5) has expired and the lot owner did not file an appeal; or

View official code

Full Breakdown

Under Utah Code § 57-8a-301, an association has a lien on a lot for an assessment, plus "court costs and reasonable attorney fees, late charges, interest," and a fine imposed under § 57-8a-208 once appeal periods run. That lien is exempt from the Utah Exemptions Act (no homestead protection). Section 57-8a-302 lets the association "cause a lot to be sold through nonjudicial foreclosure" or pursue judicial foreclosure; nonjudicial sale follows the trust-deed statutes (§§ 57-1-19 to 57-1-34) but "may not be exercised unless the association appoints a qualified trustee." Section 57-8a-303 requires written notice at least 30 days before foreclosure, and the owner may force judicial foreclosure by mailing a written demand within 30 days. Sections 57-8a-304 and -305 govern procedure, abandonment, and the inapplicability of the one-action rule.

Violations & Penalties

No fixed statutory cap. The owner owes unpaid assessments plus court costs, reasonable attorney fees, late charges, and interest the declaration allows. Because the lien is enforceable by nonjudicial (trustee's-sale) foreclosure under § 57-8a-302 and is not subject to the homestead exemption, an owner can lose the home for delinquent dues.

Frequently Asked Questions

Can a Utah HOA foreclose on my home for unpaid dues?

Yes. Utah Code § 57-8a-302 lets an association enforce its assessment lien by nonjudicial foreclosure, a trustee's sale handled like a deed of trust, or by judicial foreclosure. It must give 30 days' notice under § 57-8a-303, and you may force judicial foreclosure by mailing a written demand within 30 days.

Does Utah's homestead exemption protect me from an HOA lien?

No. Section 57-8a-301 states the assessment lien is "not subject to" the Utah Exemptions Act, so the homestead exemption does not shield your equity from an HOA collecting unpaid assessments.

What can a Utah HOA add to the debt besides the assessment?

Under § 57-8a-301 the lien also covers court costs, reasonable attorney fees, late charges, interest, and fines lawfully imposed under § 57-8a-208 once the appeal window has passed. The exact late fees and interest depend on your declaration.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.