The Shakespeare Case and What it Means to Utah HOA’s

On June 22, 2016 the Utah Supreme Court published the Fort Pierce Industrial Park Phases II, III & IV Owners Association v. Shakespeare case, 2016 UT 28. This case established a bright line rule that the Court rejected strict construction of restrictive covenants in favor of applying the rules of construction typically found in contracts.  While many practitioners of community association law felt that this was already in the law in Utah, there was some confusion due to dicta in St. Benedict’s Development Co. v. St. Benedict’s Hospital, that “restrictive covenants are not favored in the law and are strictly construed in favor of the free and unrestricted use of property.”    Read the article……………


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