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Utah Code § 57-8a-201

Utah HOA dues & late fees: the § 57-8a-201 limits

Utah caps what an HOA may charge for a late assessment: a late fee of no more than the greater of 10% of the assessment or $50, plus interest of up to 1.5% per month on the assessment and late fee. And no fee under this section is valid until the board has adopted a fee schedule by rule — following the § 57-8a-217 rulemaking process — and provided a copy to every lot owner.

Verified against the statute text at le.utah.gov · July 29, 2026
10% / $50
late fee cap — whichever is greater
1.5%/mo
maximum interest on the assessment and late fee
1st
a fee schedule must be adopted by rule before any fee
Day 1
an assessment is the owner's debt from the day it's made
(4) The board of directors may impose, for a late payment: (a) a late fee, not to exceed the greater of: (i) 10% of the assessment amount; or (ii) $50; and (b) interest on the assessment and late fee of up to 1.5% per month. (5) Before imposing a fee under this section, the board of directors shall: (a) adopt a fee schedule by rule in accordance with Section 57-8a-217 that describes the amount of fee the board shall impose; and (b) provide a copy of the fee schedule to each lot owner.

What it means for your board

The debt is automatic; the fees are not

Each owner owes their proportionate share of common expenses in the amount and on the schedule the board sets under the declaration or bylaws — the assessment is a debt from the moment it's made. But the late fee and interest don't follow automatically: they exist only if the board has done the paperwork first.

Adopt the fee schedule before you need it

Before imposing any fee under this section, the board must adopt a fee schedule by rule — which means the full § 57-8a-217 process: 15 days' notice, an open forum, and delivery of the adopted rule — and provide a copy to each lot owner. A late fee charged without that schedule on file isn't authorized by the statute.

The cap in practice

On a $200 monthly assessment, 10% is $20 — so the cap is $50, the greater figure. On a $1,200 special assessment, the cap is $120. Interest can run up to 1.5% per month on both the assessment and the late fee, which is 18% annualized — meaningful pressure, but only when applied correctly and consistently.

Collections is a sequence, not an event

Statement, late fee, interest, demand letter, then the § 57-8a-301 lien conversation — in that order, each step documented. Boards that charge what the schedule says, every time, win disputes before they start; boards that improvise amounts hand the owner a defense.

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Common questions

How much can an HOA charge in late fees in Utah?

No more than the greater of 10% of the assessment or $50 per late payment, plus interest of up to 1.5% per month on the assessment and late fee, under Utah Code § 57-8a-201(4). The board must first adopt a fee schedule by rule and provide it to every owner.

Can a Utah HOA charge interest on unpaid dues?

Yes — up to 1.5% per month (18% per year) on the assessment and the late fee, but only after the board has adopted a fee schedule by rule under § 57-8a-217 and delivered a copy to each lot owner.

Is an HOA assessment legally a debt in Utah?

Yes. Under § 57-8a-201, an assessment is a debt of the owner from the time it is made — which is what lets the association's § 57-8a-301 lien secure it, along with collection costs and interest.

What if the HOA never adopted a fee schedule?

Then fees under this section aren't authorized. The statute says the board shall adopt a fee schedule by rule and provide a copy to each owner before imposing a fee — a late fee with no schedule behind it is open to challenge.

Related Utah HOA law
Put the statute to work

Kahoa answers your homeowners with these citations built in

Every statute on this page ships inside Kahoa's Utah pack — modern HOA management software your board supervises. Upload your CC&Rs and the correspondence desk drafts replies to homeowner email with the statute and your own documents cited — your board approves and sends.

This page explains Utah statute in plain language for community boards and homeowners. It is general information, not legal advice, and it isn't a substitute for reading the statute or talking to a Utah attorney about your association's specific situation. Statute text quoted from le.utah.gov, current as of the verification date shown above.

Statute data from Kahoa's open Utah statute pack (CC-BY-SA-4.0) · verified July 29, 2026