Idaho: Property Ownership Regulation

Introduction Idahoans prize their freedom. Nowhere is that more clear than when private property rights conflict with the various forms of common interest property ownership known as the homeowners association ( “HOA”), condominium, planned urban development, or townhome. In these common interest communities, each landowner has entered into a covenant and undertaken equitable obligations for […]

Condominium Nuisances

When I’m in my own condominium unit, I can play by my own rules. If I don’t feel like wearing pants while I fire up the grill on my patio, I’m free to take that risk. If I want to burn incense and crank up the heat and some Yanni while I perfect my Bikram […]

Hidden Structural Elements: What You Can’t See Can Hurt You (Utah Law)

For those of us that live in or work with a community association, whether it’s a condominium or a traditional P.U.D., sharing the responsibility for maintaining, repairing and replacing structural elements can be a headache—okay, maybe even a migraine. The most hotly debated question whenever there’s damage to an association’s building structure is: “Who’s responsible […]

Anarchy and Tyranny in Idaho’s Homeowner Associations: Why we need new common interest property ownership regulation

Introduction Idahoans prize their freedom.  Nowhere is that more clear than when private property rights conflict with the various forms of common interest property ownership known as the homeowners association ( “HOA”), condominium, planned urban development, or townhome.  In these common interest communities, each landowner has entered into a covenant and undertaken equitable obligations for […]

Garage Sales and Your HOA

As the weather starts to turn from winter to spring, a great transformation happens in this part of the country: people begin to come out of their homes and start spending more time outdoors. With the increase in yard work, outdoor recreational activities, and leisurely strolls through the neighborhood, a great American past-time begins to […]

A Commercial Activity? When to Take a Hard Line and When to Let it Slide (Oregon Law)

As the weather starts to turn from winter to spring, a great transformation happens in this part of the country: people begin to come out of their homes and start spending more time outdoors.  With the increase in yard work, outdoor recreational activities, and leisurely strolls through the neighborhood, a great American past-time begins to […]

Association Records and Retention

Association records, especially for older associations, may become voluminous over time.  While there is no clear definition of what constitutes an “association record,” generally, any document that involves association business is considered a “record.”  And yes, that probably means email communications between board members. Records are important for obvious reasons.  They may show how or […]

Board Conflict Resolution

It may seem odd to look to a law firm for advice about conflict resolution. However, as litigators specializing in community associations, our firm sees all types of conflicts from start to finish. Believe it or not, we would rather assist our clients with preventative care than go to court with them over an avoidable […]

Board Conflict Resolution

It may seem odd to look to a law firm for advice about conflict resolution. However, as litigators specializing in community associations, our firm sees all types of conflicts from start to finish. Believe it or not, we would rather assist our clients with preventative care than go to court with them over an avoidable […]

Alternative Dispute Resolution

It’s inevitable… If you are board member, at some point during your tenure your association will be embroiled in a heated conflict with someone. Why is it inevitable?—Associations are designed to tell people what they can and cannot do. They’re inherently bossy, but to a good end, promoting the peace and aesthetics of your community, […]