Lincoln Hobbs

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We're Moving

Lincoln Hobbs posted an article on - May 12, 2010, 11:27 pm
Over the next little while, I intend to relocate the hosting of this blog to wordpress -- it will allow more options and features in posting, and I think I can make it look a bit better.  So, if you want to keep up, you might want to change your favorites and resubscribe at utahcondolaw.wordpress....
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Amending CC & Rs and Bylaws -- National and Local Presentations

Lincoln Hobbs posted an article on - Mar 26, 2010, 8:02 pm
The National Business Institute has asked me to present a national teleconference on the subject of amending community association (HOAs, Homeowner Associations, Home Owner Associations, condominiums, PUDs, Planned Unit Developments -- whatever you want to call them) governing documents. The cours...
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The Essentials of Community Management

Lincoln Hobbs posted an article on - Mar 25, 2010, 1:29 pm
Last weekend, The Utah Chapter of the Community Associations Institute sponsored its "Essentials of Community Management" course. Several active members of the industry taught about the fundamentals of homeowner association and condominium management. Here are some pictures of some of the presen...
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Wasatch County v. Okelberry, Round 2 of __?

Lincoln Hobbs posted an article on - Mar 7, 2010, 9:36 pm
You may recall this post from two years ago, where I reported on a trilogy of cases which dealt with the public dedication of private roadways; in the opinions, the Utah Supreme Court held that "An overt act that   is intended by a property owner to interrupt the use of a road as a public thorough...
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South Ridge HOA v. Brown -- What's a "Short-Term" Rental?

Lincoln Hobbs posted an article on - Mar 7, 2010, 8:24 pm
In an opinion issued about a month ago, the Utah Court of Appeals decided that "a weekly rental is clearly similar to nightly rentals and timeshares, when considering those terms together." The case arose from language contained in the South Ridge Homeowners' Association's Declaration of Covenants, ...
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News on Reverse Foreclosures

Lincoln Hobbs posted an article on - Mar 7, 2010, 7:03 pm
My Twitterpal Melissa Garcia, (@ColoradoHOAGal) pointed me to this article in the Miami Herald, which  explains the mechanics of a typical reverse foreclosure.  Reverse foreclosures are being pursued by community associations throughout the country, as associations find themselves stuck with unit...
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The Essentials of Community Management

Lincoln Hobbs posted an article on - Mar 3, 2010, 10:49 pm
I'm in Natick, MA., preparing to teach the CAI course on The Essentials of Community Association Management tomorrow and Friday.  I don't teach this course as often as some others, but every time that I do teach it, I am impressed as to what a good overview of the industry that it provides. Â...
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Truth in Advertising of "Utah HOA Attorneys".

Lincoln Hobbs posted an article on - Mar 1, 2010, 11:54 pm
There's a new website out there that purports to be a listing of HOA attorneys in Utah.  There's one firm listed on the site, and the listed lawyer (who won't be identified) is identified as a "thoroughly attorney."   Since I'd never seen the site before, I thought I'd give it the benefit of the d...
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Stacking Up

Lincoln Hobbs posted an article on - Feb 9, 2010, 11:17 pm
There's been lots of community association news in Utah over the past several weeks, and not a lot of time to write about it.  The Utah appellate courts have handed down several cases dealing directly with community associations and homeowners, and several other cases with tangential, but significa...
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Utah Condo Sales Are Up -- Way Up!

Lincoln Hobbs posted an article on - Jan 28, 2010, 11:20 am
The Salt Lake Board of Realtors issued its fourth quarter 2009 Housing Market Report, and it appears that the Utah housing market, and particularly the condominium market may be on the mend. Single family sales were up 36 percent compared to the same quarter of the previous year; condominium sales w...
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That's a Pretty Big Loan...

Lincoln Hobbs posted an article on - Jan 25, 2010, 9:09 am
The New York Times is reporting today about a rather major default; the debtors defaulted on $3 billion worth of notes last week.  The 5.4 billion dollar deal which defaulted had involved 110 buildings and 11,227 apartments in what was the most expensive real estate deal of its kind in American hi...
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CCAL Law Conference -- Financing Availability

Lincoln Hobbs posted an article on - Jan 23, 2010, 6:48 pm
Over the past several years, many changes have taken place in real estate financing; one of the less publicized areas of change deals with the availability of financing for community associations.  Lenders and underwriters are changing the way they review and approve those associations that can get...
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CCAL Law Conference -- The Unauthorized Practice of Law

Lincoln Hobbs posted an article on - Jan 23, 2010, 6:42 pm
Yesterday afternoon, I attended a session on the unauthorized practice of law in community associations, with an emphasis on managers’ conduct.  The hypotheticals were fairly predictable; sales contracts by realtors, interpretation of governing documents and the biggie – managers preparing and ...
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Disability Discrimination in Idaho?

Lincoln Hobbs posted an article on - Oct 25, 2009, 10:42 pm
There haven't, admittedly, been a lot of posts to this site, but that's because there doesn't appear to be a lot going on in Idaho condolaw. That may be related to the economy, but here's a bit of news on the regulatory front: Justice Department Files Lawsuit Alleging Disability-Based Housing Discr...
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