Legal Question in Real Estate Law in Utah

My HOA was fining me for failure to follow CC and Rs but recently discovered that my plat is not part of the HOA. They are not informing homeowners on this plat of their discovery (I learned from a board member about it) in hopes of finding a way to grandfather the plats into the HOA and keeping the money they have collected over the last 3+ years. Now the HOA and their legal services are taking me to court over the fines. Can they do this? And how do I get them to give me a copy of proof showing my lot on the plat is NOT part of the HOA?


Asked on 12/10/10, 2:29 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

You can get a copy of the subdivision plat from the county recorder. Your legal description should also state whether you are in the subdivision for the HOA.

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Answered on 12/18/10, 6:37 pm


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