# Miller Harrison LLC


## Posts

- [ChatGPT's Opinion About HOAs](https://millerharrisonlaw.com/news/2023/03/06/chatgpts-opinion-about-hoas/): By Gavin Wenzel   You may have heard about ChatGPT but not really know what it is or what it does. “ChatGPT[a] is an artificial intelligence chatbot developed by OpenAI and launched in November 2022.”[i] But what is an artificial intelligence chatbot? I am not a computer programmer, but from my non-technical perspective, it is an interactive computer-based chatroom. A user can have a conversation with ChatGPT, or even ask it to perform tasks. As at least one college professer observed, ChatGPT could be “the greatest cheating tool I’ve ever seen.”[ii] Educators are concerned about the ease with which students […]
- [The Value of Professional Intermediaries:  Don’t Turn HOA Issues into Safety Issues](https://millerharrisonlaw.com/news/2022/12/19/the-value-of-professional-intermediaries-dont-turn-hoa-issues-into-safety-issues/): By Gavin Wenzel, Attorney at Miller Harrison LLC Homeowners association (HOA) disputes or enforcement should not require personal, face-to-face, confrontation with members. A recent tragedy in Florida underscores the risk of confrontations in the HOA context. It is alleged that on December 3, 2022, 75-year-old Hugh Hootman shot and killed his HOA president and her husband, Ginger and Henry Wallace, who were both in their 80s.  What could possibly lead to such a tragic and violent event in a community? Apparently, a dispute over leaving the door to the community laundry room open. Hootman stated that several days before the […]
- [Statute of Limitations for Construction Disputes](https://millerharrisonlaw.com/news/2020/04/13/statute-of-limitations-for-construction-disputes/): By Tyler LaMarr, Attorney at Miller Harrison LLC Construction Defects can financially cripple community associations.  The cost to repair leaky and sinking buildings is not budgeted for when the community is created, is not planned for in reserve analyses, and is not anticipated by homeowners at the time of purchase.  Purchasers legitimately expect the residences are well constructed in a manner that “can be maintained.”[1] Similarly, lawsuits over defective construction can be a major setback for community association builders and developers.  Builders and developers rely on their trade contractors for quality work. New homes are sold at a price point […]
- [Beware the Heavy Hand: HOA board members and property managers can be personally liable for damages.](https://millerharrisonlaw.com/news/2020/01/30/beware-the-heavy-hand-hoa-board-members-and-property-managers-can-be-personally-liable-for-damages/): By Gavin Wenzel, attorney at Miller Harrison             Recently, a Federal District Court in Nevada made clear that homeowners associations, their boards of directors, and their management companies should ensure that their actions and omissions are reasonable, even when dealing with residents that may not be acting in good faith.  This article summarizes a case where an HOA initially prevailed in the face of a frivolous assistant animal request, but later was heavily penalized for subsequent unreasonable treatment of the homeowner. The key takeaways from this case are first, when an owner makes a request under the Americans with Disabilities […]
- [New Guidelines for FHA Financing in Condominiums](https://millerharrisonlaw.com/news/2020/01/24/new-guidelines-for-fha-financing-in-condominiums/): By Tyler S. LaMarr Attorney with Miller Harrison LLC If you’ve ever worked with a Condo Association to obtain project approval for FHA financing, you are aware that the process can be cumbersome.  It involves gathering and presenting governing documents, financial statements, and insurance policies, among other required documentation and certifications.  Sometimes, applications are denied on inconsistent bases and additional documents are requested by the Department of Housing and Urban Development (“HUD”) before approval is granted.  An association must prove it has adequate reserves and at times demonstrate it has kept up on appropriate maintenance for the age of the […]
- [What to do about Nightmare Renters](https://millerharrisonlaw.com/news/2018/11/20/what-to-do-about-nightmare-renters/): Oftentimes HOAs feel as though their hands are tied when dealing with problem renters.  All one needs to do is a simple Google Search to see a litany of ugly situations.  Luckily, HOAs have a variety of remedies that can be pursued to ensure that association rules are being followed by everyone, including renters.  Enforce Rules  Both the Condominium Ownership Act and the Community Association Act provide for associations to fine for conduct that violates the association’s governing documents.  Prior to fining, an association needs to be sure that their fine policies comply with the applicable statutory provisions.  Any fines […]
- [Contracts - Review Before You Sign on the Dotted Line](https://millerharrisonlaw.com/news/2018/09/12/contracts-review-before-you-sign-on-the-dotted-line/): Importance of Contract Review   Some time ago we posted an article by Tyler LaMarr with a checklist of essential terms for HOA contracts.  A recent Utah Supreme Court ruling involving an HOA underscores how important contracts can be to protecting an HOA from liability and exposure to damages. The case is called  Mounter Enterprises, Inc., v. Homeowners Association for the Colony at White Pine Canyon, 2018 UT 23.   The Mounteer case shows how Utah law strongly favors the enforcement of specific clauses contained within a contract.  As a disclaimer, I have strong feelings on this case as I was […]
- [Vacation Rentals in your HOA](https://millerharrisonlaw.com/news/2017/09/26/vacation-rentals-in-your-hoa/): By:  Tyler S. LaMarr, Attorney Originally published at https://gogladly.com/blog/vacation-rentals/ Vacation rentals are booming, and HOAs are struggling to keep up with the impact on the communities that they govern. Vacation rentals are a lucrative business. From 2015 to 2016, Airbnb doubled revenue, with an estimated $12.3 billion in reservations.1 HomeAway (VRBO) has also had huge growth with an estimated $14-$16 billion in vacation rental bookings in 2015. With this tremendous growth, it’s clear that short-term rentals are not going away anytime soon. HOA members who market their homes as a short-term or vacation rentals, celebrate the lucrative opportunity and often market the […]
- [Miller Harrison Attorney, Cory Caldwell, Successfully Represents Citizens in Real Estate Land Use Conflict](https://millerharrisonlaw.com/news/2016/11/09/miller-harrison-attorney-cory-caldwell-successfully-represents-citizens-in-real-estate-land-use-conflict/): The Tooele Transcript Bulletin recognized Cory Caldwell’s successful representation of a group of Stansbury Park citizens concerned about unauthorized development, which would interfere with an existing Planned Unit Development and the surrounding community.  
- [The Shakespeare Case and What it Means to Utah HOA’s](https://millerharrisonlaw.com/news/2016/10/28/the-shakespeare-case-and-what-it-means-to-utah-hoas/): Authored by Peter H. Harrison On June 22, 2016 the Utah Supreme Court published the Fort Pierce Industrial Park Phases II, III & IV Owners Association v. Shakespeare case, 2016 UT 28.  This case established a bright line rule that the Court rejected strict construction of restrictive covenants in favor of applying the rules of construction typically found in contracts.  While many practitioners of community association law felt that this was already in the law in Utah, there was some confusion due to dicta in St. Benedict’s Development Co. v. St. Benedict’s Hospital, that “restrictive covenants are not favored in […]
- [NEW FHA LAW REDUCES OWNER-OCCUPIED  REQUIREMENT FOR FHA CERTIFICATION](https://millerharrisonlaw.com/news/2016/08/23/new-fha-law-reduces-owner-occupied-requirement-for-fha-certification/): Authored by Douglas C. Shumway If you manage or own a unit in a condominium association, you know how difficult it can be to obtain FHA certification. The volume of documents and ever-changing FHA guidelines can make the certification and re-certification process pretty daunting. One of the things that creates an obstacle for some associations in obtaining FHA certification is the requirement that 50% of the units must be owner-occupied.  A new law changes this requirement, however, in a way that benefits condo associations, purchasers, and developers.   New FHA Law On July 29, 2016, President Obama signed into law […]
- [Architectural Control, What Can an HOA Actually Enforce?](https://millerharrisonlaw.com/news/2016/08/23/architectural-control-what-can-an-hoa-actually-enforce/): By Peter H. Harrison and Tyler S. LaMarr Architectural Control is one of the key reasons people either choose to live in or run from an HOA.  Some people appreciate the HOA’s ability to enforce architectural controls via an Architectural Control Committee (“ACC”); whereas, others resent the thought of another organization telling them how they can modify or decorate their home. When these preferences are mismatched, it often leads to conflict. Architectural controls include such things as the general design of a home, exterior finishes, color, landscaping, fencing, window covering, sheds, etc.  Those who appreciate them, point out that compliance […]
- [Taking Action Without a Meeting](https://millerharrisonlaw.com/news/2016/06/03/taking-action-without-a-meeting/):   Authored by Michael Miller, also published at http://uccai.net/blog/taking-action-without-a-meeting/ While SB 99 from the 2015 legislative session required Board meetings to be open to all Association members, the Utah legislature, effective May 10, 2016, has provided 2 ways by which a Board can take action without a meeting. The first way by which a Board can take action without a meeting is through unanimous consent of all Board members. Under this approach, a Board member may email the other Board members with a proposed action. If all Board members affirmatively consent, the proposed action becomes effective. Any Board member can revoke […]
- [Hidden Structural Elements: What You Can’t See Can Hurt You (Utah Law)](https://millerharrisonlaw.com/news/2016/03/22/hidden-structural-elements-what-you-cant-see-can-hurt-you-utah-law/): By: Doug C. Shumway For those of us that live in or work with a community association, whether it’s a condominium or a traditional P.U.D., sharing the responsibility for maintaining, repairing and replacing structural elements can be a headache—okay, maybe even a migraine. The most hotly debated question whenever there’s damage to an association’s building structure is: “Who’s responsible in paying for that?” Depending on what the association’s governing documents say, the path to finding the correct answer to this question can be fraught with peril. The answer ultimately depends on what the governing documents (“CC&Rs”) say, and—more specifically—how “common […]
- [Amending Governing Documents](https://millerharrisonlaw.com/news/2016/03/22/amending-governing-documents/): Amending Governing Documents- Utah By: Tyler LaMarr 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 documents: (a) the Plat, (b) the Articles of Incorporation (if incorporated), (c) the Declaration of Covenants, Conditions and Restrictions (CC&Rs or Declaration), (d) the Bylaws, and (e) the Rules, Regulations, and Resolutions. This collection of documents is referred […]
- [Assistance/Service/Comfort Animal Regulations](https://millerharrisonlaw.com/news/2016/03/22/assistance-service-comfort-animal-regulations/): By: Tyler S. LaMarr, originally published through the Community Association Institute:  http://uccai.net/blog/comfort-pet-regulations/ We all know someone whose dog or cat is much more than just a pet. Well, for purposes of the Fair Housing Act, they may be right. Community associations must be careful as they adopt rules and regulations regarding animal restrictions because it is easy to run afoul of federal laws like the Fair Housing Act (FHA) or the Americans with Disabilities Act (ADA), which provide homeowners with special rights. Generally speaking community associations can adopt and enforce animal restrictions including an outright ban on all pets. However, […]
- [Is Construction Defect Litigation All It’s Cracked Up to Be?](https://millerharrisonlaw.com/news/2015/11/05/is-construction-defect-litigation-all-its-cracked-up-to-be/)
- [Flying The American Flag - Can and Should HOAs restrict?  By Peter H. Harrison](https://millerharrisonlaw.com/news/2015/10/09/flying-the-american-flag-can-and-should-hoas-restrict-by-peter-h-harrison/): Recently our law firm was approached by an HOA that wanted to restrict its residents from continually flying the American flag. Needless to say HOA members and other Utahns were outraged over any restrictions regarding the American Flag.  Local and national television and online media outlets happily covered the story and the ensuing controversy. Now let me be clear, I have great respect for the American flag.  My grandfather was a decorated soldier in World War II  who spent hours at the University of Utah documenting his war time experiences.  Through my discussions with him I learned about the sacrifices […]
- [Miller Harrison Sponsors The 2015 UCCAI Golf Tournament](https://millerharrisonlaw.com/news/2015/09/17/miller-harrison-sponsors-the-2015-uccai-golf-tournament/):  Miller Harrison Sponsors the 2015 UCCAI Golf Tournament On September 15, 2015, Miller Harrison sponsored the UCCAI (uccai.net) annual Golf Tournament. More than 175 participants from various businesses that serve community associations attended the tournament.  Thanks to everyone involved!
- [Why would anyone ever want to live in an HOA!?](https://millerharrisonlaw.com/news/2015/07/30/why-would-anyone-ever-want-to-live-in-an-hoa/):  By Peter H. Harrison, Esquire You’ve likely heard of an HOA abusing its power and discretion in enforcing CC&Rs.  Maybe you’ve heard about the HOA who refused to let a little boy sell lemonade (http://www.myfoxchicago.com/story/29554169/hoa-shuts) or about a Florida HOA who fined a man $5,000 because they determined his trees were too short (http://www.consumeraffairs.com/news/this-week-in-homeowners-association-news-111513.html).  With countless horror stories like these circulating the interwebs, why would someone ever want to live in an HOA? Well, there are a number of great reasons to reside in an HOA.  Many people (particularly people like me) that don’t love the idea of having to do […]
- [HOA Collections](https://millerharrisonlaw.com/news/2015/07/30/hoa-collections/): Authored by Peter H. Harrison, Esquire HOA Collections HOA’s are by and large mini-municipalities.  Just as our local cities and counties are funded by the payment of taxes by the citizenry, HOA’s are funded by the collection of assessments from HOA members. As a member of an HOA, whether it be a condominium or planned community, the association’s behavior on collections can directly impact the membership’s ability to sell.  Many lenders will not finance a unit in an association with a delinquency rate of greater than 15% of the owners.  This can leave members who would otherwise sell their units […]
- [The Quorum Requirement: A Creative Solution to Getting Stuff Done](https://millerharrisonlaw.com/news/2015/07/30/the-quorum-requirement-a-creative-solution-to-getting-stuff-done/): The Quorum Requirement: A Creative Solution to Getting Stuff Done By: Douglas C. Shumway, Esq. “Welcome, Ladies and Gentlemen to our owner’s association meeting. Unfortunately, we didn’t make the quorum requirement to vote on anything tonight, so we’ll need to reconvene this meeting for a later date. Sorry.” Sound familiar?  Lamentably this scenario is more frequently a reality than a hypothetical for many community associations. If you’ve ever served on or worked with an association board or management committee, you know all too well the crippling effect quorum requirements can be to getting things voted on in special or annual […]
- [The HOA Annual Meeting](https://millerharrisonlaw.com/news/2015/07/30/the-hoa-annual-meeting/): ‘Tis the Season for Utah HOA Annual Meetings! By: Douglas C. Shumway, Esq.  Almost all homeowners associations in Utah are organized as non-profit corporations, and as such, Utah law requires such associations to hold at least one membership meeting per year.  UCA 16-6a-701. This meeting is commonly referred to as the annual meeting.  Associations oftentimes hold multiple meetings throughout the year.  The annual meeting, however, is specifically required by statute, and it provides an association’s members the opportunity to receive a recap of the association’s activities from the preceding year, as well as a snap shot of the association’s activities […]
- [HOAs, Contracts - A Checklist and Basic Guide](https://millerharrisonlaw.com/news/2015/07/23/hoas-contracts-a-checklist-and-basic-guide/): By Tyler LaMarr, Community Association Lawyer Vendor Contracts – A Checklist of Key Provisions Samuel Goldwyn said that “an oral contract isn’t worth the paper it is written on.”  Unfortunately, the same can be said for many written contracts.  The purpose of this brief article is to identify key provisions that should be included in association contracts. A well written contract can reduce liability exposure, reduce the risk of litigation, and help ensure that associations meet their objectives. Term/Duration A good contract will detail relevant timeframes and answer the following questions: (a) When does the contract become effective? (b) What […]
- [HOAs, Pets, and Assistance Animals](https://millerharrisonlaw.com/news/2015/07/23/hoas-pets-and-assistance-animals/): By Tyler LaMarr, Community Association Lawyer We all know someone whose dog or cat is much more than just a pet.  Well, for purposes of the Fair Housing Act, they may be right. Community associations must be careful as they adopt rules and regulations regarding animal restrictions because it is easy to run afoul of federal laws like the Fair Housing Act (FHA) or the Americans with Disabilities Act (ADA), which provide homeowners with special rights. Generally speaking community associations can adopt and enforce animal restrictions including an outright ban on all pets.  However, certain animals are not considered “pets” […]

## Pages

- [Skylar Walker](https://millerharrisonlaw.com/skylar-walker/)
- [Mark Jenkins](https://millerharrisonlaw.com/mark-jenkins/)
- [Kyle O'Bryant](https://millerharrisonlaw.com/kyle-obryant/)
- [Elizabeth Brochin](https://millerharrisonlaw.com/elizabeth-brochin/)
- [Daniela Lee](https://millerharrisonlaw.com/daniela-lee/)
- [Ally Westover](https://millerharrisonlaw.com/ally-westover/)
- [Make a Payment](https://millerharrisonlaw.com/make-a-payment/)
- [Shenelle Salcido](https://millerharrisonlaw.com/shenelle-salcido/)
- [Charley Snow](https://millerharrisonlaw.com/charley-snow/)
- [D. Ryan Robison](https://millerharrisonlaw.com/d-ryan-robison/)
- [What We Do](https://millerharrisonlaw.com/what-we-do/)
- [Upcoming Foreclosures](https://millerharrisonlaw.com/upcoming-foreclosures/)
- [Read Me](https://millerharrisonlaw.com/read-me/)
- [Take Action](https://millerharrisonlaw.com/take-action/)
- [Request An Appointment](https://millerharrisonlaw.com/request-an-appointment/)
- [News](https://millerharrisonlaw.com/news/)
- [Board Trainings](https://millerharrisonlaw.com/board-trainings/)
- [Contact](https://millerharrisonlaw.com/contact/)
- [Old Home](https://millerharrisonlaw.com/old-home/)
- [Nathan Westover](https://millerharrisonlaw.com/nathan-westover/):  
- [Caleb O. Andrews](https://millerharrisonlaw.com/caleb-o-andrews/)
- [Amy Walker](https://millerharrisonlaw.com/amy-walker/)
- [Julie Ladle](https://millerharrisonlaw.com/julie-ladle/):  
- [Kaitlyn Miller](https://millerharrisonlaw.com/kaitlyn-miller/):  
- [Sydney White](https://millerharrisonlaw.com/sydney-white/):  
- [Miriam Leany-Kalubi](https://millerharrisonlaw.com/miriam-leany-kalubi/):  
- [Olivia Gentry](https://millerharrisonlaw.com/olivia-gentry/):  
- [Jefferson Jensen](https://millerharrisonlaw.com/jefferson-jensen/):  
- [Lawyers](https://millerharrisonlaw.com/lawyers/)
- [Andrew Blonquist](https://millerharrisonlaw.com/andrew-blonquist/)
- [B. Scott Welker](https://millerharrisonlaw.com/b-scott-welker/)
- [Tyler S. LaMarr](https://millerharrisonlaw.com/tyler-s-lamarr/)
- [Doug Shumway](https://millerharrisonlaw.com/605-2/)
- [Peter H. Harrison](https://millerharrisonlaw.com/peter-h-harrison/)
- [Home 2](https://millerharrisonlaw.com/home-2/)
- [Michael B. Miller](https://millerharrisonlaw.com/michael-b-miller/)
- [Home](https://millerharrisonlaw.com/)


[comment]: # (Generated by Hostinger Tools Plugin)