Effect of Nonpayment of Assessments: Remedies. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of fifteen per cent (15%) per annum.
Suit to recover a money judgment for unpaid assessments may be maintained against the owner personally obligated to pay the same without foreclosing or waiving the lien securing said assessment. The Association may enforce the lien in accordance with the provisions of Utah law applicable to exercise the power of sale and Deeds of Trust, or by civil suit or any other manner permitted by law. The Association through duly authorized agents shall have the power to bid on the Lot at any such sale and to hold, lease, mortgage and convey the same. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of his Lot. If any suit or action is brought to collect any such charge, then there shall be added to the amount thereof costs of suit and reasonable attorney’s fees to be fixed by the court and included in any Judgment in any such suit or action.
Notice of Lien. No action shall be brought by the Association to foreclose said assessment lien or to proceed under the power of sale herein provided until thirty (30) days after the date of notice of claim of lien is deposited in the United States mail, certified or registered, postage prepaid, to the owner of said lot, and a copy thereof is recorded by the Association in the office of the County Recorder in which the properties are located; said notice of claim shall contain a sufficient legal description of any such Lot, the record owner or reputed owner thereof, the amount claimed (which may at the Association’s option include interest on the unpaid assessment at the legal rate, plus reasonable attorney’s fees and expense of collection in connection with the debt secured by said lien), and the name and address of the Association. Upon the timely curing of any default for which a notice of claim or lien was filed by the Association, any two of the officers thereof are hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment by the defaulting owner of a reasonable fee, to be determined by the Association, to cover the costs of preparing and filing or recording of such release.
Read about the rescinding of the previous board’s vote (last year) on Dues and Why.