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 it is time to amend.    Read the article…………

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 interpreting the Utah Act, it demonstrates how a court in Washington might decide a similar […]

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……………

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 frequently a reality than a hypothetical for many community associations. If you’ve ever served on […]

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. Associations oftentimes hold multiple meetings throughout the year. The annual meeting, however, is specifically required […]

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 in association contracts. A well written contract can reduce liability exposure, reduce the risk of […]

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 restrictions because it is easy to run afoul of federal laws like the Fair Housing […]

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 national television and online media outlets happily covered the story and the ensuing controversy.  Read […]

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 an upscale neighborhood in Brentwood, Tennessee. After Mr. Broadnax returned home from rehabilitation following brain […]

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 liabilities, terms, provisions, or implications of the contract. The other single most important thing that […]

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).   Read the article………

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 iOS device or Android device, or on the web at utahhoalaws.com for the current HOA […]

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” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]

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 of lawsuits have been filed on behalf of HOAs throughout the state. These suits, which […]

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 the importance of maintaining heat to their units. Below are some examples of losses we […]

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 and addressing components of the common property which need regular maintenance. Failure to do so […]

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 it is time to amend.     Read more…….

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 2000. More recently is the shooting in Louisville, Kentucky, where a homeowner shot and killed […]

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 the assembly are afforded the right to make motions, speak, and meaningfully participate in the […]

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…….

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 cultivate  a true sense of community,  promote active homeowner  involvement and create a  culture of […]

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 the answer to all of an association’s problems, it isn’t even the best choice in […]

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 (and managers too). Here is some clarification of 8 frequently misunderstood issues:   Read More……

It’s Spring, Time to Ward Against Water Issues

It may be April Fools Day, but it’s no joke that every year around this time insurance companies see many flood issues and claims from homeowner associations. What’s worse, flood insurance is expensive and the typical HOA insurance policy does not provide coverage for flood and surface water claims. So, how do you protect yourself […]

Bills That Passed This Legislative Session and How to Comply

The 2013 Utah General Legislative Session has ended and the bills that passed have been finalized in their enrolled form to await signature by the Governor. Which bills passed and which ones didn’t? Only three of the six bills I discussed in my last post ended up passing the House and the Senate. They all […]

Utah LAC Issues Statement on SB 64 (Reserves)

As many of you may know, the 2013 General Session of the Utah Legislature is in full swing on Capitol Hill. A few bills enacting or amending HOA laws are in the works and I’ll be summarizing and commenting on those over the next couple of weeks.   Read More……

Can Enforcing the CC&Rs Equally and Consistently Ever be Illegal?

Has your board ever faced a demand for a “reasonable accommodation” by a disabled resident? Have you ever heard of a “reasonable accommodation”? What about a request for a modification to a unit or common area to accommodate a disability? As explained by the following excerpt from our Utah HOA Law app, if certain requirements […]

5 Ways to Reduce Assessment Delinquencies

Our law firm helps many HOA boards and managers collect past-due assessments (dues) from members. Collecting on delinquencies is not easy work in any event, but it can inadvertently be made even more difficult than necessary by a manager or board. Here are 5 ways to help ensure delinquencies can be collected in a timely […]

Exposing Common Myths in HOA Operations

We frequently hear about and see associations acting on myths that seem to persist despite being clearly incorrect. Here are some of those myths and misunderstandings and the truth behind them: Read More……

Fidelity Insurance – Is Yours Adequate?

What would your association do if you discovered tomorrow that the association’s bank/investment accounts had been completely emptied by a board member and it was obvious that the association would not be getting the money back?  Read More……

Introduction to Community Association Living

Community Volunteer Leadership Development Program Community volunteer leaders and members can maximize the benefits of community association living by better understanding the history, purpose, and function of community associations. One way to do so is by participating in the Center for Community Association Volunteers’ (CCAV) Community Volunteer Leadership Development Program – offered online or by […]

So Now You’re On the Board

The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]