ULAC Dollar Per Door Campaign


By Jerry Jensen, AMS, Community Association Management, ULAC Fundraising Chair Homeowner Association Representation at the Legislature  It seems that all groups like doctors, lawyers, realtors, builders, developers, etc. have lobbyists who track and propose legislation to promote their "special" interests.  Legislation is often proposed and even passed that affects Homeowners Associations (HOAs) and their Member rights.  Those who serve community associations (managers, attorneys, board members and others) have volunteered massive amounts of time to try to keep up with all the legislation proposed by “special interest groups” outside the community association industry, as well as bills our industry has proposed to try [...]

ULAC Dollar Per Door Campaign2020-09-21T15:56:25-05:00

SB3007 Liability Protection for Community Associations?


By Michael Miller, Attorney, Miller Harrison LLC Navigating COVID-19 for many of us has been a challenge. Cases are on the rise, while government leaders try to balance the community's health, worry about the economy, and respect to individual autonomy. Community associations face similar challenges, and association boards are forced to make tough decisions that directly affect their communities. In response to growing concerns regarding legal responsibilities arising from COVID-19, the Utah Legislature passed SB3007, to protect business owners and operators from civil liability related to injury related to COVID-19 exposure.  However, this law's exceptions may make it infeasible for associations [...]

SB3007 Liability Protection for Community Associations?2020-07-24T14:39:26-05:00

Unnecessary association records bill passes in 2020 session


2020 LEGISLATIVE SESSION UPDATE, HB 155 By Michael Johnson, CMCA, AMS, PCAM; LAC Vice-Chair; CEO, FCS Community Management, AAMC - Diamond Sponsor 2020 In August 2019, LAC was invited to testify in an interim committee hearing on HOA issues raised by Representative Cheryl Acton (West Jordan). Rep. Acton and LAC did not have an opportunity to meet prior to the interim hearing. At the hearing she had several pages of HOA related regulations copied and pasted from other states. Rep. Acton testified the items were from a constituent who had trouble getting records from their HOA. Some of Rep. Action’s ideas [...]

Unnecessary association records bill passes in 2020 session2020-06-11T16:55:05-05:00

Statute of Limitations for Construction Disputes


2020 LEGISLATIVE SESSION UPDATE, HB223 By Tyler LaMarr, Attorney, Miller Harrison LLC Construction Defects can financially cripple community associations.  The cost to repair leaky and sinking buildings is not budgeted for when the community is created, is not planned for in reserve analyses, and is not anticipated by homeowners at the time of purchase.  Purchasers legitimately expect the residences are well constructed in a manner that “can be maintained.”[1] Similarly, lawsuits over defective construction can be a major setback for community association builders and developers.  Builders and developers rely on their trade contractors for quality work. New homes are sold at [...]

Statute of Limitations for Construction Disputes2020-05-08T18:52:31-05:00

Changes to Nonjudicial Foreclosure Process in Utah HOAs


2020 LEGISLATIVE SESSION UPDATE, SB183 By Quinn Sperry, Attorney, Morris Sperry SB183 impacts the future of foreclosures for unpaid assessments in Utah’s homeowners associations, condominium projects, and planned unit developments (collectively referred to herein as an “HOA”).  The initial version of the bill proposed to eliminate an HOA’s ability to conduct a nonjudicial foreclosure for unpaid assessments.  In other words, if SB183’s original language had been adopted then HOAs in Utah wanting to enforce their lien rights against the properties of delinquent owners would have been limited to the judicial foreclosure (lawsuit) process, which is a more expensive process to the [...]

Changes to Nonjudicial Foreclosure Process in Utah HOAs2020-05-04T15:03:26-05:00

2020 Legislative Session in Review


2020 LEGISLATIVE SESSION UPDATE By Bruce Jenkins, CCAL; LAC Chair; Attorney, Jenkins Bagley PLLC Once again, association issues were in the crosshairs during this 2020 legislative session.  That is, individuals and groups outside the homeowner association industry took aim at what they saw as abuses occurring within the homeowner association industry.  A clear example of this was S.B. 183, sponsored by Senator Curtis Bramble.  Senator Bramble was dissatisfied with a couple of associations where he owns property. In his words, there are “bad actors” within the homeowner association industry that need to be reined in.  Senator Bramble was frustrated with at [...]

2020 Legislative Session in Review2020-06-09T12:35:41-05:00
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