Changes to Nonjudicial Foreclosure Process in Utah HOAs


2020 LEGISLATIVE SESSION UPDATE, SB183 By Quinn Sperry, Attorney, Morris Sperry SB183 impacts the future of foreclosures for unpaid assessments in Utah’s homeowners associations, condominium projects, and planned unit developments (collectively referred to herein as an “HOA”).  The initial version of the bill proposed to eliminate an HOA’s ability to conduct a nonjudicial foreclosure for unpaid assessments.  In other words, if SB183’s original language had been adopted then HOAs in Utah wanting to enforce their lien rights against the properties of delinquent owners would have been limited to the judicial foreclosure (lawsuit) process, which is a more expensive process to the [...]