Scott has worked in the real estate industry for more than 10 years. He first began practicing law in Arizona where he worked for a mid-sized firm as general real estate attorney representing clients in real estate transactions, foreclosure law, and litigation. He and his wife eventually moved to Lehi, Utah where he opened his own practice that focused on HOA Law. After two years of successfully running his own law firm, Scott accepted a position at VF Law, where he continues representing HOAs in general matters including drafting, amending, and interpreting governing documents, litigation, easement issues, contract issues, collections, and general legal counsel. Scott is licensed in Arizona and Utah.
Scott's Recent Posts
- At least 15 days before meeting to discuss the change, deliver written notice to each owner that the change is being considered;
- At the meeting, provide an open forum for members to be heard before conducting a board-vote on the change;
- Within 15 days after the change is made, deliver a copy of the change to each owner.
For a real estate agent, an HOA can add headaches to an already painful transaction. Your client's lender has asked you to jump through hoops, the title company is requiring you to do it without the use of your legs, and now the HOA has decided to light the hoops on fire just for good measure. Read More…
A board member in a small, close-knit community recently posed a question to me that I have heard many times in one form or another. He asked, if a local ordinance already bans an activity the HOA is trying to stop, is there any point to the HOA banning the same activity in their governing documents? Can't the board simply call on the city when enforcement is required?
Most of the time, if local law bans a certain activity, that law will be enforceable within the boundaries of your association, regardless of whether your governing documents ban the same activity. However, a more complete answer to the question above requires a discussion about best practices.[quote align="center" color="#999999"]…in order for the Association to have any authority to enforce a regulation, that regulation must be in the governing documents.[/quote]
Associations should be striving to craft governing documents, not just to provide some means for order, but to provide the most effective means for order. In some instances, that could well mean creating rules and regulations that mirror local ordinances and laws that already exist. Why? Because, in order for the Association to have any authority to enforce a regulation, that regulation must be in the governing documents. Read More…