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...
