Homeowners Association Law
McKay, Burton & Thurman is one of the few law firms in Utah that has a group of attorneys dedicated to the area of law involving Community Association Law, which encompasses Condominium Association Law, Planned Unit Development (PUD) Law, Townhomes, and all other communities involving Homeowners’ Associations. Our attorneys have performed work, and continue to perform work, for over 100 homeowners’ associations, commercial condominium associations, individual owners, and developers. Our attorneys are experienced with various legal matters such as reviewing and amending an association’s governing documents (declaration, bylaws, and rules), analyzing an association’s governing documents together with any applicable statutes, incorporating associations, performing assessment collections, handling property and easement issues, counseling associations concerning homeowner bankruptcy issues, assisting with vender disputes, engaging in complex litigation, and many other types of legal matters.
Our association clients rely on us to advise them on ways to handle current situations and to suggest procedures and practices to avoid potential future problems. Depending on each association’s needs we can draft amendments to or create new versions of the association’s current governing documents to establish the best framework and structure for the management committee and homeowners to effectively and efficiently operate their association. When a situation does arise, we assist the association in collecting delinquent homeowner’s association dues and, if necessary, proceed with foreclosure actions.
We further represent homeowners desiring to protect and assert their rights as provided by the association’s governing documents. Whether you feel you have been a victim of a management committee’s selective enforcement of the rules or you desire to assert your rights under your governing documents, we can counsel you regarding the options available to you, assist you in organizing special meetings of homeowners, or, if necessary, file or defend lawsuits to protect your rights.
Developers also rely on us to draft original and restated declarations and to provide counsel from the initial development process on through the turning control of the association over to the homeowners.