In an action by an association to collect an assessment or to foreclose a lien for an unpaid assessment, a court may:

(1) appoint a receiver, in accordance with Section 7-2-9, to collect and hold money alleged to be due and owing to a lot owner:

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Terms Used In Utah Code 57-8a-308

  • Assessment: includes :
              (1)(b)(i) a common expense; and
              (1)(b)(ii) an amount assessed against a lot owner under Subsection 57-8a-405(7). See Utah Code 57-8a-102
  • association: means a corporation or other legal entity, any member of which:
              (2)(a)(i) is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and
              (2)(a)(ii) by virtue of membership or ownership of a residential lot is obligated to pay:
                   (2)(a)(ii)(A) real property taxes;
                   (2)(a)(ii)(B) insurance premiums;
                   (2)(a)(ii)(C) maintenance costs; or
                   (2)(a)(ii)(D) for improvement of real property not owned by the member. See Utah Code 57-8a-102
  • Common expense: means costs incurred by the association to exercise any of the powers provided for in the association's governing documents. See Utah Code 57-8a-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lot: means :
         (16)(a) a lot, parcel, plot, or other division of land:
              (16)(a)(i) designated for separate ownership or occupancy; and
              (16)(a)(ii)
                   (16)(a)(ii)(A) shown on a recorded subdivision plat; or
                   (16)(a)(ii)(B) the boundaries of which are described in a recorded governing document; or
         (16)(b)
              (16)(b)(i) a unit in a condominium association if the condominium association is a part of a development; or
              (16)(b)(ii) a unit in a real estate cooperative if the real estate cooperative is part of a development. See Utah Code 57-8a-102
     (1)(a) before commencement of the action; or
     (1)(b) during the pendency of the action; and
(2) order the receiver to pay the association, to the extent of the association’s common expense assessment, money the receiver holds under Subsection (1).