Reinvestment Fees Offset HOA Turnover Costs, Contribute to Reserves

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 in the housing industry is expensive for nonprofit homeowners’ associations and requires adequate budgeting and preparation for current and future market fluctuations. According to the […]

Rules about Rules

By: 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 can be the most efficient and flexible means for implementing restrictions or procedures.     One of the primary difference between Association Rules and other governing documents is that, […]

Tips to Realtors: Avoiding Pitfalls in an HOA Transaction

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 company is requiring you to do it without the use of your legs, and now the HOA has decided to light the hoops on fire […]


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 make repairs. b.      ARS § 33-2002, requires an association board to make certain disclosures to the members before initiation of a construction defect claim. 2.      […]

Proposed HOA “Dispute Resolution & Enforcement” Bill: HB 20-1200

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 detail below, this bill would task Colorado’s Department of Regulatory Agencies (“DORA”) with implementing a dispute resolution and enforcement program (“DREP”).  Through this program, DORA […]

Navigating New HUD Assistance Animals Guidelines

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 to [assistance] animals that individuals with disabilities may request as reasonable accommodations.” A copy of the new guidelines may be found at  The guidelines […]

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 tobacco smoke drifts into a residential unit, the affected homeowner may bring a legal action for nuisance against the offender.  Additionally, the law gives homeowner […]

HOA Minutes and Utah Law

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 original but, for our purposes, it’s close enough.  When it comes to minutes, less is more. Details of things that are said at a meeting […]