VF Law’s Own Robert Fotheringham Appears on The Nicholas Cupps Show
“I had the pleasure of sitting down with the founding partner of Vial and Fotheringham, a multi-state law firm that helps in almost all areas of law, but excel in the Homeowner’s Association space. Rob is an estate planning attorney and his story of how he started his firm, how they grew it to where it is today, especially after he and his wife decided to start over and move to...
ADDRESSING UNSTABLE SOILS CONDITIONS
By: Darrien Shuquem
If you have observed damage in or around your home or building such as cracks in drywall or stucco (especially from the corners of doors and windows), doors and windows that are difficult to open and close, uneven floors, or cracks in slabs, patios, sidewalks, and block walls, you should investigate whether your home or building is being impacted by “soils movement.”
When...
Reinvestment Fees Offset HOA Turnover Costs, Contribute to Reserves
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 U.S. Census Bureau, more than 14...
Rules about Rules
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, generally...
Tips to Realtors: Avoiding Pitfalls in an HOA Transaction
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 just for good measure.
In my experience, board members and HOA managers generally have the community’s best interest in...
Keeping Up With Legislation: How do Changes in the Law Affect Your Governing Documents and When Should You Amend?
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, if a local ordinance already bans an activity the HOA is trying to stop, is there any point to the HOA banning the same activity in their governing documents? Can’t the board simply call on the city when enforcement is required?
Most...
SUMMARY OF ARIZONA LAW RELATED TO HOMEOWNER AND HOMEOWNER ASSOCIATION CONSTRUCTION DEFECT CLAIMS
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....
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 would wield...
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 animals that individuals with disabilities may request as reasonable accommodations.” A copy of the new guidelines may be found at...
“Single Family” Homes In Community Associations Are Not Only For Single Families
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 group of unrelated college students living in a house in our neighborhood. Our governing documents say that houses in our neighborhood can only be used as single-family homes. Aren’t these roommates violating these provisions?”
My answer...