Utah HOA Special Assessment Rules (2026)
Utah Code Ann. § 57-8-7.5 (Utah Condominium Ownership Act) / § 57-8a-209 (Community Association Act) · Last reviewed 2026
A special assessment is a one-time charge levied by an HOA board to cover an unexpected or deferred expense not covered by the operating budget or reserve fund. Below are the key rules that govern how Utah HOAs may levy special assessments and what rights homeowners have.
Key facts at a glance
Can levy without member vote
Board may levy special assessments as authorized by the declaration; no statewide cap.
Not required by statute
Trigger: Only if required by the community's declaration or bylaws
15 days
Advance written notice to members before assessment levy
Available
Board may levy emergency assessments for imminent threats to property or safety without standard notice.
- Board authority to levy is set by the declaration
- No statewide cap on special assessment amounts
- 15-day advance written notice to members required
- Emergency assessments may bypass standard notice
- Utah DRE handles HOA dispute resolution and enforcement
Utah homeowners may use the Utah HOA Dispute Resolution process at the Department of Real Estate (DRE). IDR and ADR are available before litigation.
Pending special assessments should be disclosed in resale documents. Utah DRE can investigate HOA compliance matters.
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Start 14-Day Free TrialThis page provides general legal information only — not legal advice. HOA special assessment laws vary by community type (planned community, condominium, cooperative, etc.) and are subject to change. The information on this page is based on statutes in effect as of 2026 and may not reflect recent legislative changes. Always consult a licensed HOA attorney and review your governing documents before taking action.