Month: April 2018

Are You Protected by the Business Judgment Rule- Procedure or Policy?

On Behalf of Jenkins Bagley Sperry, PLLC | Apr 25, 2018 | HOA Law

“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?

On Behalf of Jenkins Bagley Sperry, PLLC | Apr 25, 2018 | HOA Law

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...