Homeowner Association Advocacy, Analysis, and Education

HOAdvisor Vial Fotheringham is the premier law firm in the North and Intermountain West dedicated to the representation and education of homeowner and condominium associations. We are a full-service HOA firm, providing representation, analysis, and advocacy on behalf of communities. Hundreds of these associations look to us to assist in collecting unpaid assessments, interpreting and enforcing rules, helping rewrite governing documents, and providing general legal guidance. Additionally, in the unfortunate event where a construction defect is causing problems for you and your neighbors, we can help your community recover the costs it needs.

Vial Fotheringham also believes that knowledge is power, and we pride ourselves on providing free monthly trainings, comprehensive Annual HOA Law Forums, and detailed publications, as well as articles, resources, and tools hosted on our website to answer your HOA questions. We can help you navigate the difficulties of community life through 30 years experience servicing local associations.

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Attorney Ted McBride's Big Case in Herriman was Featured on KSL Ch 5!

Check out the video and entire article on: https://www.ksl.com/?sid=36832652. Article that follows is from KSL's Nicole Vowell.

HERRIMAN — The battle between Herriman city and the owners trying to open a neighborhood drug and rehab center is heating up.

The owners of Renew Wellness and Recovery say the city is caving to pressure from nearby residents who are up-in-arms about the facility opening in their family neighborhood, and forgetting the law. City officials deny that, but the matter will be settled in court now that a lawsuit has been filed.

"It's becoming sort of lucrative business and they're popping up more," attorney Ted McBride said of businesses like one inconspicuously flanked between two suburban homes on the 13000 block of Rocky Point Drive. "It's a residential treatment facility, housing as well as treatment," he explained.

The house owners have been planning for months to move in 12 new tenants to the home. The women will live there to recover from alcohol and drug abuse. "People don't understand this issue, that there are protections for disabled persons, for alcoholics," McBride said.

These types of treatment centers are protected by the Americans with Disabilities and Fair housing Act. So when the homeowners of Renew Wellness and Recovery petitioned Herriman City to bring in a dozen patients, they anticipated no problems. "The city has essentially denied the request for reasonable accommodations," McBride said. Now, a lawsuit has been filed against the city.

"We're not trying to go against federal statute," said Herriman Mayor Carmen Freeman. "We're just saying the city still has some flexibility in terms of certain issues that go on in that facility." City code allows no more than four unrelated occupants in a single home. The recovery house wants triple that. The mayor says that and errors to the application process caused the city to deny their request to open. "We feel like we have some legitimate concerns that we feel need to be addressed," Freeman said.

McBride claims the city is caving to public opposition. "There's really no good reason to deny it," McBride said. "...I've basically been stonewalled by the planning commission."

But Freeman says that's simply not true. "We're not trying to be difficult," he insisted. "We simply want this facility, like any other, to meet city code and city requirements."

The attorney representing Renew Wellness and Recovery says he's confident the high court will hand down an order allowing 12 occupants and this home to be up and running in 90 days or less. Freeman says the city will see the legal process through and hopefully come to a reasonable agreement.


VF Law is getting some new faces, to bring an even better HOA team to our clients! We’ve put together a rock star group chock-full of experience, including specialists in HOA general counsel, collections, and foreclosures. We've even acquired the leading AZ construction defect team!

In honor of this, we are offering our Official HOA Handbooks and Statute books for free for a short time! Contact Amanda at 800.684.4111 or at ajb@vf-law.com to get your copy.

Additionally, we will also answer an HOA question for free, so email hoadvisor@vf-law.com anytime for a complimentary advice!

Aside from our new developments, VF will continue offering numerous free educational trainings, seminars, legislative advocacy, and a host of free HOA tools. For more details, visit www.vf-law.com/events!

Check This Out: New Idaho HOA Decision From Supreme Court

Our Attorneys’ Big Win for HOA in Utah!
Park City Condominium Association hits developer with $1.8M jury verdict in construction defect case

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.

Hamlet Homes built the project between 2006 and 2010.  In the spring of 2011, the Association became aware of water intrusion problems in the exterior wall assemblies of buildings, and the Association board hired a forensic building envelope specialist to investigate the source of the water intrusion.  The investigation uncovered a host of construction defects, including building code violations and missing components that are essential to keeping water out of the building walls.

After a five-day jury trial, the eight-member jury made up of Park City residents unanimously determined that the Association is entitled to $1.8 million to fix construction problems related to structural support columns, exterior wall assemblies and stone veneer. The Association was represented by our Salt Lake City Vial Fotheringham attorneys.

“We are delighted with the jury’s verdict,” says Ted McBride, lead trial attorney and long time Park City resident. “The verdict sends a clear message to developers and builders that there are severe financial consequences for cutting corners in new construction.  The jury confirmed that our community wouldn’t tolerate sub-par work.”

As for the Association homeowners, “we are delighted with the result and we’ll put the funds to good use in repairing the property damage as soon as the Association receives the funds,” said Roy Hood, president of the Association board.

Our firm is proud to represent homeowners and their associations in cases like these throughout the past 30+ years, providing advocacy, education, and representation. We are thrilled that we were able to assist this condo association in getting the money to make repairs to their homes, and look forward to helping others do the same. For questions or to chat with an HOAdvisor for free today, email ajb@vf-law.com.  

Are Your Association Funds Safe? Protect your association from embezzlement and fraud; read our helpful articles on preventative measures your HOA can take, and view a current case of fraud affecting local HOAs quoting Vial Fotheringham's Rich Vial. See the Oregonian article at:

Faces of Fraud: Examples of Everyday Embezzlement Article
Fraud and Embezzlement Challenges Handout

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