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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Responding to HOA Records Requests- AZ

HOAs and community managers receive requests for records and information almost daily.  In this day where an HOA’s management team has limited resources, especially time, records and information requests need to be treated appropriately and efficiently. What is an Arizona HOA’s responsibility to respond to requests for records and information from its homeowners? HOA document […]

Avoiding Law Suits in Arizona

No human interaction is without conflict. As soon as my kids were born, they started demanding things. Now, while we are no experts on raising children, my wife and I are able to address these conflicts before our children sue. In a similar way, conflicts arise and affect HOAs and condominiums, but boards and managers […]

Tips For Having a Better Annual Meeting – Oregon

Oregon law requires that incorporated homeowners associations hold at least one membership meeting per year—what is commonly called the annual meeting.  ORS 64.201 (1). While associations may hold multiple owner meetings throughout the year, the annual meeting provides association members the opportunity to hear a recap of their association’s activities from the past year, and […]