2020 Legislative session

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Statute of Limitations for Construction Disputes

2020-05-08T18:52:31-05:00

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

2020-05-04T15:03:26-05:00

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

2020-06-09T12:35:41-05:00

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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