Condominium Association Reserve Funds

Posted on Apr 25, 2014 in Legal News Recent changes to the Utah Condominium Ownership Act provide condominium associations with some much-needed guidance regarding reserve funds – in particular, how such funds should be analyzed, how they are reported to the condominium owners, and how the association’s reserves are to be funded. Section 57-8-7.5 of the Utah Condominium Ownership Act has long required that a reserve analysis...
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Utah Legislature Amends Eminent Domain Law

Posted on Aug 6, 2012 in Legal News The 2012 Utah State Legislature has passed the bill known as “Substitute H.B. 74”, which amends the eminent domain provisions of Utah’s Judicial Code to allow the taking of property for certain uses related to oil and gas exploration. This same bill also establishes negotiation and notice requirements that must be fulfilled before an eminent domain action is filed. The bill was...
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Utah Supreme Court Defines When Water Shares are Appurtenant to Land

Posted on Apr 12, 2012 in Legal News In a recent decision (Sanpete America, LLC v. Willardsen, 2011 UT 48) the Utah Supreme Court defined when water shares may be appurtenant (attached) to land and pass with the conveyance of land. Sanpete America had purchased 110 acres of farmland and water rights from Christian Willardsen pursuant to a land purchase agreement and a warranty deed.  After discovering problems regarding conveyance...
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More Protections for Tenants Means Added Burdens for Landlords

Posted on Mar 17, 2012 in Legal News Utah landlords are not particularly pleased with a bill recently passed by the 2012 Utah State Legislature. S.B. 173, known as the “Fit Premises Act Modifications” sponsored by Ben McAdams (D), Salt Lake City, amends the “Utah Fit Premises Act” to provide tenants with additional protections. Specifically, the bill provides that, before the landlord and tenant enter into a rental...
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No Taking Where City Council Properly Revoked Ordinance

Posted on Mar 3, 2012 in Legal News The Utah Supreme Court recently determined that there is no “taking” where a city council had properly rescinded an ordinance. In the case of L.C. Canyon Partners vs. Salt Lake County, 2011 UT 63, 266 P.3d 797 (2011), L.C. Canyon had filed an application with Salt Lake County to rezone several acres of its property from FR 20 to FR 2.5 to allow the construction of a residence on the...
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