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Architectural Control, What Can an HOA Actually Enforce?

Architectural Control is one of the key reasons people either choose to live in or run from an HOA. Some people appreciate the HOA’s ability to enforce architectural controls via an Architectural Control Committee (“ACC”); whereas, others resent the thought

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Are You Aware of These Utah Statues?

In 2015, the legislature added enforcement mechanisms to several statutes governing condominium and community associations that allow a unit owner to sue the association to require it to comply with the statute. These statutes also allow the unit owner to

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Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of, Part 3

These statutes require an association to give written notice of management committee or board of directors meetings via email to each owner who requests such notice. The notice must be given at least 48 hours before the meeting, and must

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Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of, Part 2

This is the second installment in our series about Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of. For an explanation of why we think these statutes are important, please see Part 1.   Read the article…………….

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Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of, Part 1

We’ll be sharing a series of posts over the next several days about statutes condominium and community association board members and managers need to be aware of.  In 2015, the legislature added enforcement mechanisms to several statutes governing condominium and

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Significant New Utah Case to Impact Associations

In a case released yesterday, Fort Pierce Indus. Park v. Shakespeare, 2016 UT 28, the Utah Supreme Court has clarified the standard of review to be applied in the interpretation of community association declarations. The case clarifies previously conflicting precedent

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“HOA”rding Situations

According to the International Obsessive Compulsive Disorder (OCD) Foundation, a hoarder is someone who obsessively acquires too many possessions or has enormous difficulty discarding possessions when they are no longer useful or needed. When this type of behavior spirals out

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Taking Action Without a Meeting (UT)

While SB 99 from the 2015 legislative session required Board meetings to be open to all Association members, the Utah legislature, effective May 10, 2016, has provided 2 ways by which a Board can take action without a meeting.

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Amending Governing Documents

A common question of HOA directors and managers is “How often should the Association be amending its governing documents?” A common answer provided by HOA lawyers is “It depends.” This brief article outlines a few important considerations in deciding whether

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Hidden Structural Elements: What You Can’t See Can Hurt You (Utah Law)

For those of us that live in or work with a community association, whether it’s a condominium or a traditional P.U.D., sharing the responsibility for maintaining, repairing and replacing structural elements can be a headache—okay, maybe even a migraine.  Read

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Member E-mail Addresses & Phone Numbers Subject to Disclosure?

A Utah court recently ruled that under the Utah Nonprofit Corporation Act an association is not obligated to provide a member with the email addresses and phone numbers of other members. Although this case was decided by a Utah court

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HOA Collections

HOA’s are by and large mini-municipalities.  Just as our local cities and counties are funded by the payment of taxes by the citizenry, HOA’s are funded by the collection of assessments from HOA members.    Read the article……………

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The Quorum Requirement: A Creative Solution to Getting Stuff Done

“Welcome, Ladies and Gentlemen to our owner’s association meeting. Unfortunately, we didn’t make the quorum requirement to vote on anything tonight, so we’ll need to reconvene this meeting for a later date. Sorry.”  Sound familiar? Lamentably this scenario is more

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The HOA Annual Meeting

Almost all homeowners associations in Utah are organized as non-profit corporations, and as such, Utah law requires such associations to hold at least one membership meeting per year. UCA 16-6a-701. This meeting is commonly referred to as the annual meeting.

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HOAs, Contracts – A Checklist and Basic Guide

Samuel Goldwyn said that “an oral contract isn’t worth the paper it is written on.” Unfortunately, the same can be said for many written contracts. The purpose of this brief article is to identify key provisions that should be included

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HOAs, Pets, and Assistance Animals

We all know someone whose dog or cat is much more than just a pet. Well, for purposes of the Fair Housing Act, they may be right. Community associations must be careful as they adopt rules and regulations regarding animal

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Flying The American Flag – Can and Should HOAs restrict?

Recently our law firm was approached by an HOA that wanted to restrict its residents from continually flying the American flag. Needless to say HOA members and other Utahns were outraged over any restrictions regarding the American Flag. Local and

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Wheelchair Ramps

The media has covered cases across the United States involving homeowners associations running into conflict and legal problems over wheelchair ramps. Just this past month, the media featured the Broadnax family who retrofitted their house with a wheelchair ramp in

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Community Upkeep, Maintenance and Avoiding Problems and Emergencies

First, always remember that CONTRACTS ARE LEGAL INSTRUMENTS ENFORCEABLE AGAINST YOUR ASSOCIATION. Be sure to read them carefully, properly bid your projects, sign on behalf of the association, and consult with your general counsel attorney if you are unsure about

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New 2015 HOA Laws (UT) – Open Meetings

Continuing our summary of the new laws affecting HOAs in 2015, effective July 1, 2015, both the Utah Condominium Ownership Act and the Utah Community Association Act require board meetings to be open to each homeowner (or homeowner’s designated representative).

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2015 Condo and HOA Laws – Fines

This year was another busy year at the Utah legislature for the HOA world. Many changes and additions were made to the statutes that govern condominiums, community associations and nonprofit corporations. As always, refer to the UtahHOALaws app on your

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Governor Signs H.B. 304 – First New Utah HOA Law For 2015

Governor Gary Herbert signed H.B. 304 into law. H.B. 304 contains important new homeowners association laws and condo laws that will help associations minimize damage from flooding and freezing pipes. In short, the bill now allows community associations to give

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CAI Best Practices: Ethics

Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing”

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Developing Issues in Utah Construction Defect Litigation

Following the Utah Supreme Court’s decision in Davencourt at Pilgrim’s Landing Homeowners’ Association v. Davencourt at Pilgrim’s Landing, which clarified the law regarding the claims for which homeowner’s associations (HOAs) could sue developers and builders for construction defects, a number

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What is CDARS?

With the recent stress in the financial market, many boards and property management companies are beginning to closely monitor the insurance of their funds. For many years now, leaders in the HOA banking and auditing industry have stressed the importance

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HOA & Condominium Associations Fall and Winter Loss Prevention Tip

With the cooling weather and winter just around the corner, it’s important for property owners and managers dealing with Commercial and or Home Owners and Condo Associations to prepare their properties for the cold weather and remind unit owners of

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Homeowners Associations Incorporating as Nonprofit Entities

While the majority of homeowners associations in Utah incorporate as nonprofit corporations, there are factors that unincorporated associations should consider when deciding whether to incorporate. This article is directed to those homeowners associations that are not initially incorporated by the

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Implementing a Maintenance Plan

Regular maintenance of common areas is one of the core responsibilities of a Homeowner Association or Condominium Development. An Association will always need maintenance. In order to maximize the preservation of property values, every Association should be proactive in identifying

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Amending Governing Documents- Utah

A common question of HOA directors and managers is “How often should the Association be amending its governing documents?” A common answer provided by HOA lawyers is “It depends.” This brief article outlines a few important considerations in deciding whether

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Guns at HOA Meetings- Utah

Gun violence at HOA meetings is rare, but receives much media attention. No one will forget the tragic murders of two women and the wounding of three others in Arizona when a man opened fire during an HOA meeting in

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Parliamentary Procedure: Amending a Motion

Most community associations use Robert’s Rules of Order (“RRO”) to govern both board and owner meetings. RRO is an effective tool which allows the chairperson to keep control of the meeting and at the same time ensure that members of

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CAI’s Guide to FHA Certification

The U.S. Department of Housing and Urban Development (HUD) Federal Housing Administration (FHA) plays a major in role in housing finance through its Condominium Mortgage Insurance Program. FHA issued regulatory guidance to set standards condominium associations must meet for a

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Voyeurs, Exhibitionists, and Sex Offenders in Community Associations

Does an association have the right to restrict registered sex offenders?  Several communities throughout the country have amended their documents to prohibit violent sex offenders from residing within their planned communities.

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New 2014 Utah HOA Laws

A few new HOA laws went into effect earlier this week on May 13. They are not too substantial and shouldn’t significantly alter your way of doing business, but they’re important to know about and comply with.     Read more…….

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10 New Year Resolutions for Community Associations: A Check List

This is a good time to review and make goals for your association. Management companies can also profit from this list. Here are a few items to include.    Read more……..

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The Crossroads: Bankruptcy and Community Associations

Utah has historically been one of the highest, if not the highest, bankruptcy filings per capita in the nation. Given the number of bankruptcy filings, community associations often face issues of what to do when a delinquent owner files bankruptcy.

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From Good to Great: Principles for Community Association Success

Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core  principles. Good associations  preserve the character of  their communities, protect  property values and meet  the established expectations of homeowners. Great  associations also

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Keeping Your Board Together – End of Year Checklist

It is a familiar scene. Something happens between Board members causing distrust, scrutiny and even rebellion. As community leaders and as fiduciaries, Board members have an obligation to each other and to their communities to set aside differences that might

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HOA Neighborhood Watch Liability After Trayvon Martin

Since the Trayvon Martin death in Florida, neighborhood watch groups in HOAs have become a hot button issue. The neighborhood watch group that George Zimmerman, the man that was carrying a gun and shot Trayvon Martin in self defense, was

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An HOA Loan, a Viable Option for Funding an Association Project?

Richards, Kimble and Winn held a brief seminar with Alan Seilhammer of Premier Association Lending the other night where Alan discussed with many board members and managers the process of obtaining an HOA specific loan. An HOA loan is not

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8 Points of HOA Governance 101

HOA governance isn’t simple or easy and, unfortunately, board members are just volunteers doing their best with too little time and too little money. I think that’s why even basic principles of HOA governance are often misunderstood by board members

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