http://vf-law.gofishcreative.com/news News - Vial Fotheringham LLP Lawyers en-us cah@vf-law.com adam@gofishcreative.com PHP RSS Feed Generator http://blogs.law.harvard.edu/tech/rss June 16, 2011
Where the Registry Can be Found

On June 16, the State of Utah Department of Commerce released a Media Alert regarding the new online Utah Homeowner Associations Registry (a result of 2011 legislative-passed House Bill 104). For the benefit of our local Utah communities, we are passing on this information. Please view the Department of Commerce's release (linked at the end of this posting) for full details and a link to the registry (which can be found at https://secure.utah.gov/hoa/index.html).

We encourage everyone to take a minute to view this information, and do not hesitate to contact our office if you have any questions or need assistance!

Salt Lake City Area Contact-
Email: phh@vf-law.com
Phone: 801.355.9594

Southern Utah Area Contact-
Email: bcj@vf-law.com
Phone: 435.656.8200 ]]> http://vf-law.gofishcreative.com/news/utah/update-on-house-bill-104 Thu, 16 Jun 2011 00:00:00 -0700
There has not been any single legal resource for associations and board members in Idaho up until now. Based on Idaho law and association practices, as well as their collective decades of community association experience, the attorneys of Vial Fotheringham have put together this straight-forward, easy-to-read legal advice to help board members during meetings and all of their decision making processes.

To receive one of these complimentary Official Board Guides (also known as the big orange binder!), Vial Fotheringham is happy to offer one free copy to each association board. Please give us a call at (208)629-4567 or email lawfirm@vf-law.com to see if you qualify. ]]> http://vf-law.gofishcreative.com/news/idaho/idaho-handbooks-are-available-now-for-free Sun, 01 May 2011 00:00:00 -0700 Effective July 1, 2011: Utah homeowner and condo associations must comply with a new registry, or they will be unable to enforce their liens

As of this May, community associations in Utah will need to take additional steps to ensure the enforceability of their liens at closing. This new development is incredibly important to note, as being able to record a lien against a lot or unit is vital for HOAs to collect outstanding assessments, and may be the only way for the association to receive the money it is owed.

In the past, associations have been able to enforce their liens and get paid at closing on a sale of a unit/lot without much trouble. However, in the 2011 Utah legislative session, certain changes were made that impact all Utah community associations in reference to enforcing liens. Under House Bill 104 (“H.B. 104”), sponsored by Representative Curt Webb, homeowner and condominium associations are now required to register with the Department of Commerce (in addition to being registered with the Division of Corporations). All associations must be registered by July 1, 2011. During any period of noncompliance with this new requirement—including not keeping the registration information current—a lien for nonpayment of common expenses may not arise, nor can the association enforce a previous lien.

Under the new registry with the Department of Commerce, associations are required to provide the following:

*The name and address of the homeowner or condominium association

*The name, address, and telephone number and—if applicable—email address of the president of the association

*The name and address of each management committee member

*The name, address, telephone number, and—if the contact wishes to use his email or facsimile transmission for communicating information—the email address or fax number [as applicable] of a primary contact person who has the information a closing agent needs in connection with the closing of a unit/lot, as well as the financing, refinancing, or sale of the owner’s unit

*A registration fee not to exceed 37.00

*The lien payoff information within five (5) business days of a closing agent making proper request for the same, or the lien is not enforceable at closing

Members of homeowner and condominium associations know and understand the importance of being able to lien real property in order to collect past-due assessments; therefore, the requirement to register in this additional location [and keep the information current] is of vital importance. Also, please note: H.B. 104 prohibits associations from charging a fee for providing payoff information needed for closing on the sale of a lot/unit, unless the fee is provided for in the declaration; this fee may not exceed .

Please contact our firm, Vial Fotheringham, for assistance in complying with H.B. 104, or for any additional information and detail regarding the most recent legislative changes that impact community associations in Utah.

Salt Lake City Area: 801.355.9594
Southern Utah: 435.656.8200
lawfirm@vf-law.com
www.vf-law.com ]]> http://vf-law.gofishcreative.com/news/utah/new-house-bill-affecting-ut-associations Wed, 27 Apr 2011 00:00:00 -0700
However, in 2007, Measure 37 was modified with the passage of Measure 49. Measure 49 replaced the procedures and criteria for receiving a waiver of land use regulations after an owner’s date of acquisition.

Harker’s clients filed a Measure 49 claim, seeking the same relief requested in the previous Measure 37 claim.

Without adequate justification, the State of Oregon denied the Measure 49 claim.

Harker then filed suit against the State asking for judicial review of the State’s decision. Oral argument was held on November 1, 2010. Harker argued that under Measure 49, his clients were entitled to establish additional dwellings on their property under the land use regulations and criteria in effect at the time of acquisition. The Washington County Circuit Court agreed and ruled in favor of Harker’s clients.

Hundreds of Measure 49 claims have been filed with the State of Oregon with facts and circumstances similar to those of Harker’s client—most have been denied by the State. The Court’s decision in Harker and Harris' case is a victory for the proponents of Measure 37 and Oregonians who are in favor of land use regulations and policies that treat land owners with fairness and reasonableness. ]]> http://vf-law.gofishcreative.com/news/oregon/vial-fotheringham-wins-wa-county-case Fri, 03 Dec 2010 00:00:00 -0800