Utah · HOAUtah HOA liens: perfected by the declaration, and what comes ahead of them

Under Utah's Community Association Act, the association has a lien on a lot for assessments; for the fees, charges and costs of collecting an unpaid assessment, including court costs, reasonable attorney fees, late charges and interest, unless the declaration provides otherwise; and for a fine once the time to appeal has run or a court has upheld it. Recording the declaration is record notice and perfection of the lien, so no separate filing is needed for it to exist. If an assessment is payable in installments, the lien covers the full amount from the date the first installment is due, unless the association's notice of assessment says otherwise, and unpaid amounts bear interest at the statutory rate or the declaration's rate. The lien has priority over every other lien and encumbrance on the lot except a lien or encumbrance recorded before the declaration, a first or second mortgage or trust deed recorded before the association records a notice of lien, and real estate taxes and other governmental assessments; it isn't subject to the Utah Exemptions Act, and when two associations have liens on the same lot they rank equally unless the declaration says otherwise (Utah Code §57-8a-301).