One of the most common questions I get from Utah County homeowners after closing: can my HOA actually raise my fees?
The honest answer is yes — and the increases can be significant. But Utah law and your CC&Rs give you more protection than most homeowners realize. Here's what you need to know.
There Is No State Cap on HOA Fee Increases in Utah
Utah does not have a law that limits how much an HOA can raise its monthly dues. Per Nolo's HOA dues guide: "An HOA can typically raise dues as high as it needs to in order to meet its annual budget." The HOA board sets the budget annually, and dues increase to cover it.
This means a Utah County HOA can raise fees by $50, $100, or more — as long as they follow the process their governing documents require. There is no state-imposed percentage ceiling.
What Utah Law Does Regulate
While there's no cap on regular monthly dues, Utah's House Bill 217 (effective May 7, 2025) does regulate specific fee types:
- Late fees are capped at the greater of 10% of the unpaid assessment or $50, plus 1.5% monthly interest — per Counsel Our HOA's HB 217 analysis
- Reinvestment fees now require majority owner approval and must be authorized in the CC&Rs
- Transfer fees are now void and unenforceable under HB 217
- Fines are capped at $500 per month for repeat violations of the same rule — per Daybreak Utah's 2025 HOA guide
HB 217 did not cap regular monthly HOA dues — only these specific fee categories.
What Actually Limits Fee Increases: Your CC&Rs
The most meaningful protection against runaway dues is your community's CC&Rs. Nolo explains that some CC&Rs contain explicit limitations — a percentage cap on annual increases, a requirement for member approval above a certain threshold, or both. If your CC&Rs have a cap, the board cannot exceed it without a member vote.
If your CC&Rs don't contain a cap, the board has broad authority to raise dues to meet the budget. This is why reading the CC&Rs before you buy is non-negotiable — not after.
Real Utah Cases: What Dramatic Increases Look Like
These aren't hypotheticals. Advantage Management's 2025 Utah HOA analysis documented two recent Utah cases:
- In Kearns' "Field of Dreams" neighborhood, fees jumped from $20 to as much as $400 per month — a 20x increase — raising serious concerns for low-income families
- In South Jordan's Daybreak community, homeowners were hit with $240 in additional fees on top of existing dues — pushing some totals to $700 per month — to address long-deferred roof and window repairs
Both situations were driven by the same underlying cause: inadequate reserves. When an HOA defers maintenance for years and fails to fund its reserve account, the eventual cost falls entirely on current owners — often all at once.
On r/Utah, threads about sudden HOA fee increases are some of the most discussed real estate topics. The consistent pattern: owners who didn't review the reserve study before buying were the most blindsided.
How to Protect Yourself — Before and After You Buy
Before buying:
- Read the CC&Rs cover to cover — look specifically for any fee increase caps or member vote requirements
- Request the reserve study — a healthy reserve (70%+ funded) means less risk of a sudden special assessment
- Request the last 3 years of budgets and meeting minutes — look for patterns of deferred maintenance or underfunded reserves
- Ask what the fee increase history has been over the past five years
- Use the Utah HOA Registry to find and contact the HOA directly if you have questions
After buying:
- Attend HOA annual meetings — boards are required to present budgets and take questions
- Request documents. Under HB 217, HOAs must provide governing documents, reserve studies, and budgets at no cost electronically within two weeks of your request. If they fail to comply, you may be entitled to $1,000 or actual damages plus attorney's fees
- Vote. Major assessment increases above what the board can approve alone typically require a membership vote — know your community's threshold
- Contact the Utah HOA Ombudsman if you believe your HOA is violating state law — the office issues advisory opinions on compliance disputes
The Bottom Line
HOA fees in Utah can go up — and there's no ceiling unless your CC&Rs create one. The best protection is doing your homework before you buy: read the CC&Rs, review the reserve study, and understand the fee increase history. If you're already in an HOA and fees are rising, know your rights under HB 217 and use them.
As I covered in my Eagle Mountain HOA guide and reinvestment fee guide, the HOA documents are pre-offer research — not post-offer reading.
Questions About HOA Fees Before You Buy? Let's Chat →
Related reading:
- Two HOAs in Eagle Mountain: What It Means and What It Costs
- Eagle Mountain HOA Closing Costs: The Reinvestment Fee Explained
- Condos in Utah County 2026: FHA Financing and What Buyers Need to Know
Sources: Nolo — How High Can an HOA Raise Dues?, January 2026; Parsons Behle — Utah's New HOA Law: HB 217, May 2025; Counsel Our HOA — New 2025 HOA Laws; Advantage Management — How Utah HOAs Can Navigate HB 217 and Rising Fee Pressures, September 2025; Daybreak Utah — 5 Things to Know About HOAs in Utah, 2025; Utah HOA Registry; Utah HOA Ombudsman.
Frequently Asked Questions
Can a Utah HOA raise fees without a vote? For regular monthly dues, yes — the board typically sets the annual budget and dues increase to cover it, without requiring a member vote, unless your CC&Rs specify otherwise. For certain fees like reinvestment fees, HB 217 now requires majority owner approval. Read your CC&Rs to understand what your specific community requires.
Is there a legal limit on HOA fee increases in Utah? Utah does not cap regular monthly HOA dues. HB 217 (2025) caps late fees at 10% of unpaid dues or $50 (whichever is greater) and fines at $500 per month for repeat violations — but these apply to penalty fees, not regular monthly assessments.
What is a special assessment and can my Utah HOA charge one? A special assessment is a one-time charge levied when the reserve fund is insufficient to cover a major expense. Utah HOAs can levy special assessments, typically with board approval or member vote depending on the amount and what the CC&Rs require. This is one of the most significant financial risks of buying into an underfunded HOA.
How do I find out if my HOA's reserves are healthy? Request the reserve study — under HB 217, your HOA must provide it electronically at no cost within two weeks of your request. A reserve funded at 70% or more of the calculated requirement is generally considered healthy. Below 30% is a warning sign.