Heating Up and Cooling Down

Heating Up and Cooling Down

Victoria Cohen Homeowners living in Common Interest Development (CID) deed restricted communities, also known as homeowner associations (HOAs), must submit architectural applications to the Architectural Review Committee, or the Board of Directors to obtain permission to install air conditioners, in many cases. As you can imagine, this will add some heat to the already warm weather. So how do you prepare for this? Read More... [et_social_share]
HOA Hoarders — It’s Not Illegal to Live in Filth

HOA Hoarders — It’s Not Illegal to Live in Filth

John Richards HOAs are being confronted more and more with hoarding, but when working with the homeowner to correct the problem fails — what is the association to do? Some Associations look to state and municipal governments for help, but these organizations simply don't want to get involved and will only go so far if you live in a private condominium or association. In most cases this leaves HOAs to take corrective action themselves in order to stop the hoarding and restore the quality of life. Read More... [et_social_share]
Solar & HOAs — Who Has The Power?

Solar & HOAs — Who Has The Power?

Tyler Lamarr Homeowners are increasingly recognizing both the financial and environmental benefits of installing solar panels on their homes and the solar industry is booming. You may be considering the benefits yourself; but, if you live in or serve on the board of a homeowners association, beware of some important pitfalls before you go solar. Failing to carefully think through the complexities of solar panels in HOAs can lead to costly and contentious conflicts. HOAs and their members should consider several important factors before installing or allowing others to install solar panels. Read More... [et_social_share]
Dissident or Fake HOA Website:  Is Free Speech Really Free?

Dissident or Fake HOA Website: Is Free Speech Really Free?

While technology has many advantages, the internet and social media has led to a decline in human interaction between neighbors. For as little as $0.99, anyone can create a website. Many homeowners associations are behind the times and have not yet created their own HOA website, let alone registered for a HOA website domain name. Accordingly, when neighbors are not neighborly, and tempers flare, the creation of a dissident website (fake HOA website) using the name of the homeowners association is becoming an increasing popular way for members to voice their dissatisfaction. What should a homeowners association do when this happens? Read More... [et_social_share]
Don’t Let Your Rules Violate Fair Housing

Don’t Let Your Rules Violate Fair Housing

Quinn Sperry It’s not uncommon for homeowner associations to adopt rules that violate federal and state fair housing laws, or the Fair Housing Act (the “FHA”). Violations of the FHA can bring severe penalties, as demonstrated in a recent case where an individual was awarded damages in excess of a hundred of thousand dollars against an HOA. A valuable strategy for board members is to carefully review their HOA’s governing documents with legal counsel and other industry professionals on a regular basis to ensure that the HOA’s rules and other governing provisions comply with the fair housing laws while balancing safety issues that your HOA must address. Read More... [et_social_share]
Is Construction Defect Litigation All It’s Cracked Up to Be?

Is Construction Defect Litigation All It’s Cracked Up to Be?

Tyler Lamarr When an HOA board discovers construction defects in the common property it’s faced with some very difficult decisions. In Utah, like many states, an HOA’s ability to bring a claim for faulty constructions is relatively new. The fact is, there are no guarantees that you will win the case, and even if you win, the proceeds may not cover all of the costs. It is critical that the HOA select lawyers who are knowledgeable about construction defect laws and the nuances of HOA law. Read More... [et_social_share]

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