More and more people are selling their single-family homes and moving into condos, apartment complexes, town homes and the like. When an individual dwelling is part of a larger complex, complications can arise regarding maintenance, repairs and other issues. Many Utah...
In a perfect world, your Utah Homeowners Association (HOA) and its members would always work together to secure fair terms of agreement and would peacefully resolve any issues that arise. In reality, there are numerous types of issues that may be difficult to resolve....
There are many ways to volunteer your talents and services in your Utah community. While volunteerism doesn’t generate income, it can be a rewarding experience that helps you bond with neighbors, business owners and others in your area. One way to serve your community...
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...
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...
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...
“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...
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...
