By: Scott Welker Many Utah families have utilized their increased equity from the strong buyer’s market and healthy economy to upscale or downscale their housing situation. All of this movement […]
By Utah Attorney: Scott Welker When an association considers adopting new regulations, they often turn to their declaration (CC&Rs) or bylaws. Association rules are sometimes overlooked and underutilized. However they […]
By: Scott Welker 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 […]
By: Scott Welker 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, […]
1. PRE-LITIGATION/NOTICE REQUIREMENTS. a. Purchaser Dwelling Actions Act, ARS § 12-1361, et seq., requires pre-lawsuit notice of claim to “seller” entities (which includes contractors), and allows seller an opportunity to […]
By: Travis B. Keenan On January 30, 2020, Representatives Brianna Titone (D – Jefferson County) and Michael Weissman (D – Aurora) introduced House Bill 20-1200 (“Bill”). As described in more […]
On January 28, 2020 the U.S. Department of Housing and Urban Development (“HUD”) issued new guidelines regarding “certain obligations of housing providers under the Fair Housing Act (“FHA”) with respect […]
Utah law provides an excellent starting point to deal with smoking problems in your communities. In fact, “as a matter of law,” second-hand smoke is a nuisance. In Utah, if […]
By: Scott Welker I was recently presented with this scenario from an HOA Board President who was hoping to force some local residents out of his neighborhood: “We have a […]
By: Scott Welker As the old saying goes, the only things certain in life are death and unnecessary remarks in HOA minutes. Well, that might not be exactly like the […]