Utah HOA Assessment Lien Priority Calculator — Subordinate to First Mortgage

How this calculator works

This calculator sums the components of a Utah HOA assessment lien and tells you (1) which statutory section governs the lien, (2) the total lien amount, (3) the equity position above the recorded first mortgage, (4) a heuristic recovery band, and (5) whether the six-year statute of limitations under Utah Code § 78B-2-309 has been triggered.

Two sections of the Utah Code create parallel statutory assessment liens. Utah Code § 57-8-44 governs condominium projects organized under the Utah Condominium Ownership Act. Utah Code § 57-8a-301 governs planned developments and other HOAs organized under the Utah Community Association Act. The lien composition is identical; the priority rule is identical; only the citation differs. Pick the right project type and the calculator returns the right citation.

The unique Utah feature is what the calculator does NOT model: there is no super-priority. Utah did not adopt the UCIOA six-month carve-out that Colorado, Nevada, and several other UCIOA jurisdictions use to push a portion of the HOA lien ahead of the recorded first mortgage. The Utah lien is categorically junior. In a first-mortgage foreclosure, the HOA lien is wiped out unless the association protects its position by bidding, redeeming, or negotiating.

Use the calculator at the start of a collection file to compute the demand amount, again before referring to counsel to assess the equity position, and again before deciding whether to pursue nonjudicial trust-deed foreclosure under Utah Code § 57-1-23 (where the declaration grants power of sale).

The relevant Utah Code § 57-8 / 57-8a statute

Utah Code § 57-8-44 — Condominium Ownership Act assessment lien. Each unit is subject to a statutory lien for unpaid assessments, late charges, interest, reasonable attorney fees, and costs of collection. The lien attaches automatically when the assessment becomes due; recording a notice of lien is permitted but not required to perfect.

Utah Code § 57-8a-301 — Community Association Act assessment lien. Parallel statutory lien for HOAs organized as planned developments under § 57-8a. Identical composition and identical priority rule.

Utah Code § 57-8-44(2) and § 57-8a-301(2) — automatic attachment. The lien attaches when the assessment is due, without recording. The association may record a notice of lien with the county recorder to provide notice to subsequent purchasers and lenders; the notice does not affect priority but strengthens the practical posture.

Utah Code § 78B-2-309 — six-year statute of limitations on actions on a written contract. The assessment obligation arises from the recorded declaration (a written instrument); the six-year clock runs from each installment becoming due. Partial payment or written acknowledgement restarts the clock under Utah Code § 78B-2-113.

Utah Code § 15-1-1 — default statutory interest. 10% per annum where the declaration is silent on interest. Most Utah declarations specify a rate; the 10% default fills the gap where the declaration does not.

Utah Code § 57-1-23 — nonjudicial trust-deed sale procedure. Available to the association when the declaration grants a power of sale. Faster and less expensive than judicial foreclosure; typical four-to-five month timeline from notice of default to sale.

Utah-specific gotchas

NO UCIOA SUPER-PRIORITY. Utah did not adopt the six-month super-priority that defines Colorado and Nevada HOA collection practice. The Utah lien is categorically subordinate to the recorded first mortgage. Practitioners moving from a UCIOA jurisdiction routinely make this mistake — there is no Utah equivalent of CRS 38-33.3-316(2)(b)(I).

FIRST-MORTGAGE FORECLOSURE WIPES THE HOA LIEN. Because the Utah lien is junior, a first-mortgage foreclosure extinguishes it. The first-mortgage holder has no obligation to tender any portion to preserve its position. The association must either bid at the foreclosure sale, redeem (judicial foreclosures only, under Utah Code § 78B-6-906), or negotiate. In practice most Utah associations watch the lien get wiped.

NONJUDICIAL TRUST-DEED FORECLOSURE IS PERMITTED. Utah Code § 57-1-23 permits a nonjudicial trust-deed sale when the declaration grants a power of sale. The procedure requires a recorded Notice of Default, a three-month cure period, a four-week sale-notice publication, and a public sale conducted by the trustee. Faster than judicial foreclosure but unavailable where the declaration is silent on power of sale.

SIX-YEAR STATUTE OF LIMITATIONS. Utah Code § 78B-2-309 imposes a six-year limit on assessment-collection actions. Each installment runs its own clock. Stale assessments — those more than six years past due — may be unenforceable absent partial payment or written acknowledgement under Utah Code § 78B-2-113. The calculator flags this exposure.

10% DEFAULT INTEREST. Where the declaration is silent on interest, Utah Code § 15-1-1 supplies a 10% per-annum default. Many declarations specify higher (12-18%); some declarations are ambiguous and Utah courts apply the statutory default. Verify before computing interest.

UTAH DOES NOT LICENSE CAMS AT THE STATE LEVEL. Unlike Florida (LCAM), Nevada (CAM), or California (CCAM), Utah does not separately license community-association managers. HOAs themselves must register annually with the Utah Division of Real Estate under Utah Code § 57-8a-105, but the manager is not separately licensed. This affects the trust-and-credentials posture of any management-company engagement.

What this calculator does NOT model

The calculator implements the LIEN COMPOSITION and PRIORITY ANALYSIS. It does NOT:

• Compute interest from individual installment due dates — interest must be supplied as a single accrued figure.
• Validate that each lien component is authorized by the declaration.
• Model the nonjudicial trust-deed foreclosure timeline (use the companion Utah HOA Foreclosure Timeline Calculator).
• Model the redemption period for judicial foreclosures under Utah Code § 78B-6-906.
• Model the interaction between partial payments and the statute-of-limitations restart under Utah Code § 78B-2-113.
• Validate the form or recording of any notice of lien.
• Model bankruptcy stay or discharge of assessment obligations under 11 USC § 523(a)(16) (post-petition assessments are non-dischargeable; pre-petition assessments are subject to discharge).
• Compute attorney-fee reasonableness under Utah case law applying the lodestar method.

For any contested lien claim, statute-of-limitations defense, or first-mortgage-foreclosure intervention, retain Utah counsel with HOA collection experience.

Sources

Last reviewed: 2026-05-17 against:

• Utah Code § 57-8-44 (Condominium Ownership Act assessment lien; subordinate to recorded first mortgage; automatic attachment).
• Utah Code § 57-8a-301 (Community Association Act assessment lien; parallel statutory lien for HOAs).
• Utah Code § 57-8-44(2) and § 57-8a-301(3) (recording of notice of lien permitted but not required).
• Utah Code § 78B-2-309 (six-year statute of limitations on written-contract actions, applied to assessment obligations).
• Utah Code § 78B-2-113 (statute-of-limitations restart by partial payment or written acknowledgement).
• Utah Code § 15-1-1 (10% per-annum default statutory interest where declaration is silent).
• Utah Code § 57-1-23 (nonjudicial trust-deed sale procedure for HOA-initiated foreclosure where declaration grants power of sale).
• Utah Code § 78B-6-906 (redemption period for judicial foreclosures).
• Utah Code § 57-8a-105 (HOA registration with the Utah Division of Real Estate).
• 11 USC § 523(a)(16) (non-dischargeability of post-petition association assessments in bankruptcy).
• Community Associations Institute Utah Chapter practitioner publications on Utah HOA collection.