QUESTION

Changes to assessments, legality of

Asked on Jun 30th, 2016 on Residential Real Estate - Utah
More details to this question:
Utah law states that assessments be "proportionate"...the HOA board is proposing a change to current rules so that that all assessments be made equal. The community (separate residences) is made up of both small (3BR) and large (5-8 BR) homes with corresponding maintenance requirement differences (yards/surrounds) and differing personnel load on common facilities....swimming pool, community center, et cetera. This proposal seems to be at variance with Utah law as well as discriminatory. As an additional complication, the governing CC&/Rs following a merger of three associations calls for using the ratio of bed rooms as a parameter for calculating assessments...however, that procedure has not been implemented, the assessments still remaining the same as before the merger became effective (1 June 2015). This too seems to be a disregard of the law/governing documents. Can injunctive relief be sought to (1)halt the first problem, and (2) require require assessments be redone?
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1 ANSWER

Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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Quite generally, the simply answer to your question is "no", you cannot obtain injunctive relief to halt the problem and require that the assessments be redone. You could file a lawsuit seeking declaratory judgment voiding the errors and requiring a recalculation. If you are interested, feel free to contact me.
Answered on Jul 01st, 2016 at 9:28 AM

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