Jazmynn Pok | Parsons Behle & Latimer Utah’s 2025 legislative session introduced significant changes to the way homeowners’ associations (HOAs) operate, thanks to House Bill 217. The bill, which took effect on May 7, 2025, touches many aspects of HOA governance. The law expands existing, and introduces new, oversight mechanisms, fee restrictions, transparency requirements, limitations… Continue reading Utah’s New HOA Law: What Homeowners Associations And Members Need To Know
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The Accidental Construction Owner: a Checklist of Considerations for HOAs Engaging in Construction
Jason T. Strickland | Ward & Smith | July 26, 2019 Homeowners associations (“HOAs”) do not typically act as construction owners. HOAs are set up as entities to maintain and manage planned unit communities. The most important and common role of the HOA is to maintain the common elements of the community. However, in that… Continue reading The Accidental Construction Owner: a Checklist of Considerations for HOAs Engaging in Construction
Zoning Boards Are Not Free to Disregard Prior Rulings Where Property Conditions Remain Unchanged
Carl A. Rizzo and Christopher P. Massaro | Cole Schotz | January 17, 2019 In a recent unpublished decision, the Appellate Division again confirmed that a zoning board may not reverse course without justification once it has made findings regarding a specific property. In Oster v. Zoning Board of Adjustment of the Township of Middletown (Docket No.… Continue reading Zoning Boards Are Not Free to Disregard Prior Rulings Where Property Conditions Remain Unchanged
Utah Still Thinks Privity of Contract is Important
Parker A. Allred | Snell & Wilmer | July 16, 2018 In recent years, a few law firms have made a cottage industry of enticing condominium home owners associations to sue the project developers over many issues, very often for alleged construction defects. Numerous homeowners’ associations have filed lawsuits against developers, contractors, and builders for… Continue reading Utah Still Thinks Privity of Contract is Important
Construction Defect Claims at Common Interest Developments
Alex M. Chazen and Jason Daniel Feld | Kahana & Feld LLP | March 8, 2018 A homeowners’ association (“HOA”) governing common interest developments is subject to a different set of requirements for construction defect claims as opposed to single-family developments. In 1995, the California legislature enacted the Calderon Act (formerly CA Civil Code §1374) which set… Continue reading Construction Defect Claims at Common Interest Developments