Things You Should Know About the Water Rights Adjudication
You might have recently received notice from the State asking you to respond if you think you have water rights. This process is intended to provide a framework for evaluating and decreeing water rights so that the public has a current record of its valid water rights. Translation: the State wants to know what you think you have and then to tell you what it thinks you have as far as water...
Your Water Rights
The State Legislature has tasked the State Courts with widespread legal proceedings that could limit or strip you of your water rights if you do not take appropriate steps to protect them. You and your shareholders have probably received notice of these proceeding. You have an existing claim to water rights. Your shareholder/partners may also have an existing claim to water rights.
We at Vial...
Water Rights Topics
The buying, selling, and transferring of water rights can be a lengthy process. It’s very different from irrigation water and requires involvement at the state level. Fortunately, we have systems in place, 25 years of experience that enables us to shoulder the burden in the complicated transfer of water rights.
Water Shares
Each city accepts different water shares and each water share has a...
Important Concepts Regarding Water in Utah
By: Dale B. Kimsey
I
DIVERSION is the change of course, scope or use of water. Your groundwater or surface source is under constant threat by other water withdrawals, administrative actions, change applications and legal proceedings.
BENEFICIAL USE is the basis, the measure and the limit of all rights to the use of water in Utah. How your beneficial use is evaluated is critical to the scope of...
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....