St. George Legal Blog
Homeowner Association Law Forum
St. George has many attractions from numerous golf courses, hiking, to wonderful weather, all while maintaining the “small town” feel. All of these charms make it the perfect place to attract retired individuals/couples and snowbirds. The majority of these individuals...
Renters In An Hoa, The Good And The Bad
Community associations across the country are increasingly faced with tensions between investor-owners and their renters, and full-time residents trying to establish a sense of place and community. Condominium and townhome units have become popular for investors to...
Short Term Rentals
Short-term rentals are a big business. In 2017 there were over 8 million internet searches for short term rental properties, over 30 million short term rental guests, and over 2 million short term rental listings. This booming enterprise of short term rentals has...
Is Your Speech Protected or Slander?
Defamation is the act of harming someone’s reputation by making false statements to a third person. There are two types of defamation: libel and slander. Libel is written or printed statements, such as an email or newsletter. Slander is a gesture or a spoken...
Fines, Is it a Continuing or Non-Continuing Violation?
Utah Code Section 57-8a-208 and 57-8-37 identify two types of violations that may subject a lot owner to fines: (1) continuing violations; and (2) non-continuing violations. However, determining whether a violation should be characterized as a continuing or...
Are You Protected by the Business Judgment Rule- Procedure or Policy?
“Unreasonable, Arbitrary and Capricious” Are you acting in a way that is “unreasonable” “arbitrary” or with “caprice”??? Unreasonable: not governed by or acting according to reason or exceeding the bounds of reason or Moderation. Arbitrary: existing or coming about...
Do You Clarify CC&Rs by Amendment or Rule?
CC&Rs Restrictive covenants are a “method of effectuating private residential development schemes.” Swenson Erickson, 2000 UT 16, ¶ 21, 998 P.2d 807. Governed by the same rules of construction as those used to interpret contracts. Unambiguous restrictive covenants...
