| (b) | an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3association: means all of the unit owners:| (a) | acting as a group in accordance with the declaration and bylaws; or |
| (b) | organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. See Utah Code 57-8-3 |
| (2) |
A management committee may, if authorized in the declaration, bylaws, or rules and as provided in this section, terminate a delinquent unit owner’s right:
| (a) |
to receive a utility service for which the unit owner pays as a common expense; or |
| (b) |
of access to and use of recreational facilities. |
|
| (3) |
| (a) |
Before terminating a utility service or right of access to and use of recreational facilities under Subsection (2), the manager or management committee shall give the delinquent unit owner notice in a manner provided in the declaration, bylaws, or association of unit owners rules. |
| (b) |
| (i) |
A notice under Subsection (3)(a) shall state:
| (A) |
that the association of unit owners will terminate the unit owner’s utility service or right of access to and use of recreational facilities, or both, if the association of unit owners does not receive payment of the assessment within the time provided in the declaration, bylaws, or association of unit owners rules, subject to Subsection (3)(b)(ii); |
| (B) |
the amount of the assessment due, including any interest or late payment fee; and |
| (C) |
the unit owner’s right to request a hearing under Subsection (4). |
|
| (ii) |
The time provided under Subsection (3)(b)(i)(A) may not be less than 14 days. |
| (iii) |
A notice under Subsection (3)(a) may include the estimated cost to reinstate a utility service if service is terminated. |
|
|
| (4) |
| (a) |
A delinquent unit owner may submit a written request to the management committee for an informal hearing to dispute the assessment. |
| (b) |
A request under Subsection (4)(a) shall be submitted within 14 days after the date the delinquent unit owner receives the notice under Subsection (3). |
|
| (5) |
A management committee shall conduct an informal hearing requested under Subsection (4) in accordance with the standards provided in the declaration, bylaws, or association of unit owners rules. |
| (6) |
If a delinquent unit owner requests a hearing, the association of unit owners may not terminate a utility service or right of access to and use of recreational facilities until after the management committee:
| (a) |
conducts the hearing; and |
| (b) |
enters a final decision. |
|
| (7) |
If an association of unit owners terminates a utility service or a right of access to and use of recreational facilities, the association of unit owners shall take immediate action to reinstate the service or right following the unit owner’s payment of the assessment, including any interest and late payment fee. |
| (8) |
An association of unit owners may:
| (a) |
assess a unit owner for the cost associated with reinstating a utility service that the association of unit owners terminates as provided in this section; and |
| (b) |
demand that the estimated cost to reinstate the utility service be paid before the service is reinstated, if the estimated cost is included in a notice under Subsection (3). |
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Enacted by Chapter 355, 2011 General Session
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