Snow Removal and Your HOA
The Treasure Valley has faced a series of snow events this winter. The local highway districts are having trouble keeping up with the plowing, especially in the side roads and neighborhoods where our HOA clients predominate. As a result, schools have been closing, and people have had trouble getting cars out of residential neighborhoods.
At least one local government authority, ACHD, has...
Vial Fotheringham LLP is proud to announce that one of our founding partners, Rich Vial, was recently elected to the Oregon Legislature by a considerable margin.
Rich Vial, who founded our firm with his wife Paula in the mid-80s, announced in December of 2015 that he was taking a much smaller role with the firm. With the daily operations of the firm confidently in the hands of our managing partner, Tom Johnson, and a talented staff of attorneys working hard to service his clients, Rich Vial decided to pursue other opportunities to serve....
ID Legislative Action
Idaho is a great place to live. More and more Idahoans are choosing to live in homeowner associations and condominium associations. Idaho’s law needs to recognize this and to facilitate the effective operation of these associations.
It is time for homeowner associations and condominium owner associations in Idaho to stand up and have our voices heard. Those of us who work with associations...
Colorado Legislature Passes Bill Allowing Rain Barrel Collection – Homeowners Associations Must Comply
A bill passed by the Colorado Legislature to allow for the use of residential rain barrels is on its way to the Governor’s desk for signature. House Bill 16-1005 concerning the use of residential rain barrels to collect precipitation gained rare bi-partisan support in both houses of the legislature and has allowed Colorado to join the ranks of other drought prone western states that allow for...
ID House Bill 511: Rental Restrictions in Your HOA
Is your HOA currently restricting rentals?
Is your board interested in doing so?
Do you have a problem with short-term rentals?
Are you trying to get FHA approval for your condominium association?
If any of these answers are “yes,” it’s important your board knows about recent Idaho legislation that will significantly impact your association. The legislature has passed a new law that severely...
ID SB 1317 (ID Code 55-115 Amendment) and What This Means For Your HOA
Does your association diligently enforce its covenants and restrictions? Do you ever incur costs or attorney fees in doing so?
On April 5, Governor Otter signed Senate Bill 1317 as amended into law. Under 1317, there is a significant risk that a debtor attorney will argue any attorney fees or costs incurred as a result of a violation of the CC&Rs are not the responsibility of the debtor....
Amending Governing Documents- Utah
A common question of HOA directors and managers is “How often should the Association be amending its governing documents?” A common answer provided by HOA lawyers is “It depends.” This brief article outlines a few important considerations in deciding whether it is time to amend.
Overview of Governing Documents
HOA’s are governed by the following documents: (a) the Plat, (b) the Articles of...
Association Liability
Without a doubt, the most common question I am asked as an attorney by my homeowners’ association clients is “What can we do to protect ourselves from getting sued?” My answer is always the same: “Nothing!” In this era of quick-trigger and frequent litigation, there truly is nothing that an association can do to stop itself from being sued. However, it is important to understand that the...
Our Attorneys’ Big Win for HOA in Utah
The Lodges at Bear Hollow Condominium Association obtained a jury verdict on Tuesday for $1.8 million in its four year long construction defect lawsuit against its developer, Bear Hollow Restoration, LLC, which is managed by Hamlet Homes. The three-building, 97-unit condominium project is located in the Bear Hollow Village below the Olympic ski jump near Kimball Junction.
Where is the Civility?
Recently I dealt with an issue in a condominium association where the tenant of a unit owner was out of control. The boorish and, in some cases, criminal behavior of this tenant made life miserable for many of the residents of an otherwise quiet condominium community. Despite the HOA board’s attempts to have the unit owner intervene and resolve the situation, nothing was done until the...