Bruce C. Jenkins

Bruce C. Jenkins

Bruce C. Jenkins

Location:

Contact Me:

Practice Areas:

  • Homeowner Association/Community Association 66%
  • Real Property 10%
  • Civil Litigation 10%
  • Business 6%
  • Collections 4%
  • Municipal 4%

Certified Legal Specialties:

  • Community Association Law, , Community Association Institute, 2012

Litigation:

  • 10%

Biography

Bruce has represented community associations since 1991 and is one of Jenkins Bagley's founding members.  His legal practice focuses on homeowner association law, real estate, construction defect, and business and civil litigation. 

In addition to being a member of State and local Bar organizations, Bruce is a member of the Community Association Institute (CAI), the Southern Utah Subchapter of CAI, legislative chair of the Utah CAI Legislative Action Committee (LAC) and the 2017 & 2018 first vice-chair of the Utah Community Association Bar Section.  As the legislative chair for LAC, Bruce has been a principal drafter of laws affecting common interest communities.  In 2012, Bruce was inducted as a fellow into the College of Community Association Lawyers (CCAL).

Bruce has been an expert witness and a presenter on community association matters at national and local conventions.  For two years Bruce was also in-house counsel for a St. George developer. He regularly trains property managers and association board members and has published several articles on homeowner association matters.  For several years, 2008, 2009, 2010, 2015-2017, 2019 Bruce has been included in Utah's Top Lawyers by Utah Business Magazine and in 2017 was recognized as one of the Top Attorneys of North America.  

In his spare time, Bruce enjoys the outdoors and his family.

PRESENTATIONS:

Presenter, The State of HOA's in Utah, Community Association Day, February 4, 2020, Salt Lake City, Utah.

Presenter, To Be or Not to Be - Attorney's Ego, Utah Bar Community Association Section CLE, September 13,
2019, Salt Lake City, Utah.

Presenter, Bylaws - Are You Doing Things By the Law?, Jenkins Bagley, PLLC, Property Manager / Board Member
Luncheon, May 23, 2019, St. George, Utah.

Presenter, Legislative Updates, Southern Utah Subchapter of CAI, March 6, 2019, St. George, Utah.

Presenter, House Bill 329, Community Association Day, February 20, 2019, St. George, Utah.

Panel Speaker, The Soul of a Lawyer, Utah Bar Fall Forum, November 2, 2018, Salt Lake City, Utah.

Presenter, Reinvestment Fees, a pot of gold?, Jenkins Bagley Annual HOA Forum, October 27, 2018, St. George,
Utah.

Presenter, To Be or Not to Be - Dissolving a Dysfunctional HOA?, Jenkins Bagley Annual HOA Forum, October 27,
2018, St. George, Utah.

Presenter, Electronic Notices/Voting, Jenkins Bagley Cedar City Law Forum, September 6, 2018, Cedar City, Utah.

Presenter, Reinvestment Fees, Jenkins Bagley Cedar City Law Forum, September 6, 2018, Cedar City, Utah.

Presenter, Reinvestment Fees, Jenkins Bagley, PLLC Property Manager / Board Member Luncheon, August 23,
2018, St. George, Utah.

Presenter, Fines, Property Management Luncheon, August 21, 2018, St. George, Utah.

Presenter, Reinvestment Fees, Utah Bar Community Association Annual Meeting, August 20, 2018, Salt Lake City,
Utah.

Presenter, Renter's Rights, Jenkins Bagley, PLLC Monthly Property Manager / Board Member Luncheon, May 24,
2018, St. George, Utah

Presenter, Ego on Trial - Do Attorneys Succeed Because Of or In Spite of Their Ego?, Southern Utah Bar
Association, April 19, 2018, St. George, Utah.

Presenter, Ego on Trial - Do Attorneys Succeed Because Of or In Spite of Their Ego?, Southern Utah Subchapter of
CAI, April 3, 2018, St. George, Utah.

Presenter, National Case Law Update, Southern Utah Subchapter of CAI, February 15, 2018, St. George, Utah.

Presenter, Ego on Trial - Do Attorneys Succeed Because Of or In Spite of Their Ego?, 2018 CAI Law Seminar,
February 3, 2018, Palm Springs, California.

Presenter, Community Association Day, January 10, 2018.

Presenter, HOA National Case Law Update, Southern Utah Bar Association 15th Annual All-Day CLE, December 1,
2017, St. George, Utah.

Moderator, LAC Town Hall Meeting - Local Legislators, November 8, 2017, St. George, Utah.

Presenter, Upcoming Legislation - Will It Pass or Not?, Jenkins Bagley, PLLC 2017 Law Forum, October 28, 2017,
St. George, Utah.

Presenter, Is It a Townhome, Condo, Or ?, Jenkins Bagley, PLLC 2017 Law Forum, October 28, 2017, St. George,
Utah.

Presenter, LAC Town Hall Meeting - Solar Legislation, June 2017, Washington, Utah.

Presenter, Open Meetings v. Working Meetings, Jenkins Bagley, PLLC Monthly Property Manager / Board Member
Luncheon, April 28, 2017, St. George, Utah.

Presenter, Developer Liability, Southern Utah Subchapter of CAI, April 6, 2017, St. George, Utah.

Presenter, National Case Law Review & Current Trends, Jenkins Bagley Mesquite Law Forum, April 5, 2017,
Mesquite, Nevada.

Co-Presenter with Bob Diamond, A Different Paradigm for Construction Defects in HOAs, Utah Bar Spring
Convention, March 9, 2017, St. George, Utah.

Presenter, Case Law Update, Southern Utah Subchapter of CAI, February 9, 2017, St. George, Utah.

Panel Speaker, Solar and Construction Defect Litigation, Community Association Day, January 2017, Salt Lake
City, Utah.

Instructor, Community Manager Pre-Certification Course, State and Federal Laws, University of Nevada Las Vegas
Continuing Education Class, Winter, Summer & Fall Semesters 2015 - 2017, Las Vegas, Nevada.

Moderator, Solar Panel Discussion, So. Utah Subchapter of CAI, November 2, 2016, St. George, Utah.

Presenter, Upcoming Legislation Questions/Updates & Jeopardy, Vial Fotheringham SG Annual Law Forum,
October 15, 2016, St. George, Utah.

Presenter, ABCs of Governing Documents, Rules & Regulations, Fines & Lien Process, August 6, 2016, Cedar
Mountain HOA Law Forum, Cedar City, Utah.

Presenter, How to Read Surveys, Descriptions and Plats, National Business Institute, Title Law From Start to Finish,
June 6, 2016, St. George, Utah

Presenter, The Title Insurance Commitment and Opinion Letters, National Business Institute, Title Law From Start
to Finish, June 6, 2016, St. George, Utah.

Presenter, Developer Turnover, Vial Fotheringham SG, LLP Monthly Property Manager / Board Member Luncheon,
May 26, 2016, St. George, Utah.

Presenter, Legislation Update, So. Utah Subchapter of CAI Education & Trade Show, April 6, 2016, St. George,
Utah.

Presenter, Enforcement, Fines and the Rules of Evidence, Vial Fotheringham SG, LLP Monthly Property Manager /
Board Member Luncheon, March 24, 2016, St. George, Utah.

Presenter, Community Manager Pre-Certification Course, State and Federal Laws, University of Nevada Las Vegas
Continuing Education Class, February 16-17, 2016, Las Vegas, Nevada.

Presenter, National Case Law Updates and Trends, So. Utah Subchapter of CAI Education and Trade Show,
February 10, 2016, St. George, Utah.

Presenter, Community Association Day, February 5, 2016, Salt Lake City, Utah.

Presenter, Rules - What You Can and Cannot Do, AOPC, January 19, 2016, St. George, Utah.

Presenter, Enforcement: Federal Regulations and Financial Problems: Money is the Root..., Vial Fotheringham SG,
LLP Annual Law Forum, October 10, 2015, St. George, Utah.

Presenter, Community Manager Pre-Certification Course, State and Federal Laws, University of Nevada Las Vegas
Continuing Education Class, September 22 - 23, 2015, Las Vegas, Nevada.

Presenter, Community Manager Pre-Certification Course, State and Federal Laws, University of Nevada Las Vegas
Continuing Education Class, July 15, 2015, Las Vegas, Nevada.

Presenter, Legislative Update, So. Utah Subchapter of CAI Education & Trade Show, April 9, 2015, St. George,
Utah.
Presenter, Developer Obligations & Reserves, Vial Fotheringham SG, LLP Monthly Property Manager / Board
Member Luncheon, March 26, 2015, St. George, Utah.

Panel Speaker, CAI Legislative Action Committee Luncheon, February 6, 2015, Salt Lake City, Utah.

Presenter, Case Law Update, So. Utah Subchapter of CAI Education & Trade Show, February 2015, St. George,
Utah.

Presenter, HOA's - What Are They? Legislation that will change the HOA Landscape, So. Utah Subchapter of CAI
Education and Trade Show, January 20, 2015, St. George, Utah.

Presenter, Governing Document Overview/Legislative Update, and Renters/Pets/Parking/Smoking, and Construction
Defect/Developer Duties, Vial Fotheringham SG, LLP Annual Law Forum, November 1, 2014, St. George Utah.

Moderator, Community Association Budgets, So. Utah Subchapter of CAI Education & Trade Show, October 2,
2014, St. George, Utah.

Panel Speaker, CAI Legislative Action Committee Luncheon, February 7, 2014, Salt Lake City, Utah.

Presenter, National Case Law Update - Emerging Trends, So. Utah Subchapter of CAI Education & Trade Show,
February 6, 2014, St. George, Utah.

Presenter, Legislative Wants and Needs for 2014, So. Utah Subchapter of CAI Education & Trade Show, November
7, 2013, St. George, Utah.

Presenter, Legislative Update and Outlook and Enforcement Issues, Vial Fotheringham SG Law Forum, October 19,
2013, St. George, Utah.

Co-presenter with A. Rich Vial, Reserve Studies & Governing Documents, APRA Symposium, April 2013, San
Diego, CA.

Presenter, National Case Law, So. Utah Subchapter of CAI, Education & Trade Show, March 2013, St. George,
Utah.

Presenter, Association Contracts: Essentials, Vial Fotheringham SG, LLP Monthly Property Manager / Board
Member Luncheon, February 28, 2013, St. George, Utah.

Presenter, Proposed HOA "Sunshine" Law and Update on Legislative Activities", So. Utah Subchapter of CAI,
Education & Trade Show, February 7, 2013, St. George, Utah.

Presenter, HOA Laws Pending at Utah Legislature, So. Utah Subchapter of CAI, Education & Trade Show,
February 7, 2013, St. George, Utah.

Panel Speaker, Proposed Amendment to Utah Condominium and Community Association Acts, Utah Community
Association Law Day, February 1, 2013, Salt Lake City, Utah.

Co-Presenter with Bob Diamond and Greg Petterson, Reserve Studies - - Duties Owed to HOA and Adequate
Reserve Funding, 2013 Law Seminar, January 24-26, 2013, Tucson, Arizona.

Testify, Proposed Amendments to Utah Condominium and Community Association Acts, Political Subdivisions
Legislative Committee, November 14, 2012, Salt Lake City, Utah.

Panel Speaker, HOA Property Insurance & Liability Insurance, D&O, Workers Compensation, GL, Utah
Community Association Insurance Forum, November 14, 2012, Salt Lake City, Utah.

Co-Presenter with Jerry Jensen, Volunteers: Liability. Volunteer vs. Independent Contractor, So. Utah Subchapter of
CAI, Education & Trade Show, November 1, 2012, St. George, Utah.

Presenter, Problem Solving and Keeping the Peace and Legislative Update , Vial Fotheringham HOA Law Forum,
September, 2012, St. George, Utah.

Co-Presenter with Rich Vial, Reserve Study Preparation Risk Management, APRA Symposium, May, 2012, Las
Vegas, Nevada.

Presenter, Reserve Studies, Reserve University, May, 2012, Las Vegas, Nevada.

Presenter, Reserve Studies, So. Utah Subchapter of CAI, Education & Trade Show, April, 2012, St. George, Utah.

Presenter, National Case Law Update, So. Utah Subchapter of CAI, Round Table Forum, February, 2012, St.
George, Utah.

Panel Speaker, UCIOA, Utah Community Association Day, January, 2012, Salt Lake City, Utah.

Presenter, Current HOA Issues, AOPC, January 18, 2012, St. George, Utah.

Presenter, Reserve Study Preparation Risk Management, APRA Webinar, December, 2011.

Special Guest, 2012 Legislative Outlook with Local Legislators, AOPC, November, 2011, St. George, Utah.

Panel Speaker, 2011 Insurance Legislation for Community Associations (Condos & PUDs), Utah Community
Association Insurance Forum, October, 2011, Salt Lake City, Utah.

Presenter, HOAs & Pending Legislation-A Legislative Update, 2011 Land Use Conference, October 2011, Salt Lake
City, Utah.

Presenter, Legislative Update, and Finances and Reserves, Annual Vial Fotheringham So. Utah HOA Law Forum,
September, 2011, St. George, Utah.

Presenter, Construction Defects, Utah Bar Summer Convention, July, 2011, San Diego, CA.

Presenter, Current Developments in HOA Law, Utah Bar Spring Convention, March, 2011, St. George, Utah.

Presenter, Legislative Update, So. Utah Home Builders Association Board, February, 2011, St. George, Utah.

Panel Speaker, Uniform Common Interest Ownership Act (UCIOA), Utah CAI-LAC Community Association Day at
Utah State Capital, January, 2011, Salt Lake City, Utah.

Co-Presenter, Transfer Fees and Restatement of the Law (Third) Property Servitudes, Annual CAI Law Convention,
January, 2011, Las Vegas, Nevada.

Presenter, Rules, Rebels and Reserves, Annual CAI Law Convention, January, 2011, Las Vegas, Nevada.

Presenter, Annual Vial Fotheringham So. Utah HOA Law Forum, May, 2010, St. George, Utah.

Presenter, UCIOA and Community Association Law Update, Utah Land Use Forum, September, 2010, Salt Lake
City, Utah.

Panel Speaker, UCIOA and Community Association Law Update, Utah CAI-LAC Community Association Day at
Utah State Capital, January, 2010, Salt Lake City, Utah.

Presenter, UCIOA - Legislative Update, Board of Trustees, Utah Association of Realtors, November 5, 2009, Salt
Lake City, Utah.

Presenter, Leveraging with Paralegals, So. Utah Bar CLE Forum, May 2009, St. George, Utah.

Presenter, Foreclosure Overview, Realtor Training Sponsored by Jenkins, Jensen and Bayles, LLP, March 23, 2005,
St. George, Utah.

Presenter, Beyond Contractual Agency, Realtor Training Sponsored by Jenkins, Jensen and Bayles, LLP, April 22,
2005, St. George, Utah.

Presenter, Common Interest Associations (Lien Foreclosure and Litigating Express Covenants), So. Utah Bar Fall
CLE Forum, October 29, 2004, St. George, Utah.

Presenter, Lien and Foreclosure Law - Common Interest Associations, Utah Land Title Association, July 20, 2002,
Sun Valley, Idaho.

Presenter, Business Entities & Their Effects on Title, March 29, 2001, So. Utah Land Title Association, St. George,
Utah.

Current Employment Position

  • Managing Partner

Past Positions

  • Vial Fotheringham SG, LLP, Managing Partner, 2010 to 2017
  • Jenkins Jensen & Bayles, LLP, Founding Partner, 1997 to 2010

References

  • Lowry Snow
  • Tom Johnson
  • Tom Bayles
  • Jerry Jensen

Education

  • Brigham Young University, J. Reuben Clark Law School, Provo, Utah
    • J.D. – 1991
    • Honors: cum laude
    • Law Journal: Divisibility of Injury Under CERCLA: Reaching for the Unreachable Goal
  • Brigham Young University, Provo
    • Utah – 1987
    • Honors: cum laude
    • Major: Science
    • Minor: English

Bar Admissions

  • Utah, 1991
  • U.S. District Court District of Utah
  • U.S. Federal Courts, 1991

Honors

  • Recognition for Ten Years Continuous Service as LAC Member
  • Utah Legal Elite, Utah Business Magazine
  • Top Attorneys of North American, Who's Who Directories
  • Fellow, College of Community Association Lawyers (CCAL)
  • Recognition for Drafting Legislation for Utah Community Associations

Classes & Seminars

  • The State of HOA's in Utah, Utah CAI/LAC, 02/04/2020
  • To Be or Not to Be - Attorney's Ego, Utah Bar Community Association CLE, 09/13/2020
  • Legislative Updates, Southern Utah Subchapter of CAI, 03/16/2019
  • The Soul of a Lawyer, Utah Bar Fall Forum, 11/02/2018
  • Ego on Trial – Do Attorneys Succeed Because Of or In Spite of Their Ego?, CAI Law Seminar, Palm Springs, 02/03/2018

Pro-Bono Activities

  • Friends of Switchpoint, (Homeless Center), Board Member, 2014 to Present
  • Vista Charter School, Board Member, 2011 to 2012

Published Works

  • Attorney's Ego on Trial, Community Association Institute, February, 2018
  • Transfer of Common Property, CAI Utah Community Living, 3, 2017
  • Jenkins, Association Reserve Funding Basics, Utah Community Living Newsletter, First Quarter 2009.
  • Jenkins, Investor-Owners in Planned Developments, Good Investments or Bad Neighbors? 4, So. Utah Homeowners Magazine 32, (2004).
  • Nuffer and Jenkins, Qualifying Senior Communities Under the Fair Housing Act’s New Rules, 12 (No. 2) Prac. Real Est. Law.41 (1996).
  • Jenkins, House Bill 98 Restrictions on Rentals, CAI Utah Community Living Newsletter, Issue 2, 2015.
  • Jenkins, Senate Bill SB 147, CAI Utah Community Living Newsletter, Issue 2, 2014.
  • Jenkins, What Do Residents Really Think? CAI Utah Community Living Newsletter, Issue 1, 2014.
  • Jenkins, Reserve Law Changes, An Interesting Evolution, CAI Utah Community Living, Issue 2, 2013.
  • Jenkins, On The Hill 2012 Legislation, CAI Utah Community Living, Issue 2, 2012.
  • Jenkins, S.B. 167 HOAs Benefit from UCIOA Light, CAI Utah Community Living, Issue 2, 2011.
  • Jenkins, New Urbanism, Money Matters, So. Utah’s Business Magazine 8 (2006).
  • Comment, Divisibility of Injury Under CERCLA: Reaching for the Unreachable Goal, 5, B.Y.U. J. of Pub. L. 195 (1991).

Representative Clients

  • Sun River St. George Community Association
  • Wild Coyote Foods
  • Zion Mountain Ranch
  • Jensen Property Management
  • Cliffs Homeowners Association
Representative Cases

Professional Associations

  • Southern Utah Bar Association, Member, 1991 to Present
  • Utah Federal Bar, Member, 1991 to Present
  • Utah Legislative Action Committee of CAI, Member, 2009 to Present
  • Community Association Institute (National), Member, 1998 to Present
  • Community Association Institute (Utah), Member, 2002 to Present
Languages:
  • English