In a packed house at the Alta Club, John Morris gave an update to Utah attorneys on recent legislation and case law in the area of community association law. The lunch was excellent and the real property section leaders did a great job organizing the event. In a little over an hour, John covered the three most important bills affecting community associations in the 2013 legislative session, HB 101, SB 64, and SB 90. He also discussed and summarized several community association appellate law cases decided in the last year, including one of his own cases. Having participated in the drafting and legislative process of the bills, John added rare insight and perspective, including the history behind the bills and what to potentially expect in the future.
John Morris attended the CAI legislative update. The board members in attendance had a great chance to talk directly to vendors in the industry and were presented with a good explanation of the Community Association legislation that passed in the 2013 session. John Morris helped present along with other members of the CAI Legislative Action Committee. The facilities at Thanksgiving Point were wonderful.
Morris Sperry is excited for the arrival of Sydney Allen as our new Administrative Assistant. She is in the process of completing her degree in Exercise and Sports Science at the University of Utah while simultaneously working on a paralegal certificate. She has a strong work history and brings a great personality and professional demeanor to the Morris Sperry team. We are confident that she will be a key person helping to ensure that our clients experience professionalism in all dealings with Morris Sperry.
On March 26, 2013, the Governor signed SB 90 and HB 101. On April 1, 2013 the Governor signed SB 64. All will shortly be the law on May 14, 2013 - except for the deferred provisions! Go to the Resources page of this website for information on which provisions are deferred and which are not.
This was an active session for community association legislation. Several bills were proposed but only three bills made it through the gauntlet. SB 90 has significant amendments to both the Condominium Ownership Act and the Community Association Act. It also incorporates SB 64 (completely substituted version). Careful attention will need to be paid to SB 90 because most of the new laws have a delayed implementation date. While some of the new laws go into effect on May 14, 2013, most of the new laws in SB 90 go into effect on July 1, 2014. The important section that goes into effect immediately is the insurance section update applicable to all community associations. Most of these are technical updates that will not have much effect on current operations, but mixed use condominium projects (projects with commercial and residential units) and commercial condominium projects will need to pay careful attention to this bill because it substantially changes the application of the insurance laws. HB 101 softens the effect of the failure to properly register associations by allowing associations to avoid the effects of the failure to properly register under some circumstances. For complete text of the new laws with highlighting explaining which sections have delayed implementation in SB 90, refer to the "Resources" page on this website.
Quinn Sperry has written a comprehensive article explaining both the reasons behind amending and options for amending CC&Rs. Check out the article at: http://uccai.net/blog-post/legal/amending-ccrs/
Under tremendous pressure from homeowners, board members, and industry participants, the sponsor of SB64 relented and adopted a complete substitution of the language in SB64 drafted entirely by members of the CAI Legislative Action Committee. The bill is back on the senate calendar and we now hope it passes! Thank you to everyone who contacted their legislators and derailed what could have been one of the worst bills for community associations to ever pass in Utah.
John Morris, Tanner Blackburn of Property Management Systems, and others sat on a panel discussing bidding community association services. The event was well-attended and the facilities and food at Stonebridge golf club were excellent. A good time was had by all.
John Morris appeared with other members of the Utah Community Association Institute Legislative Action Committee (CAI LAC) at the capitol on Thursday, February 14, 2013. SB 64 was introduced in a committee hearing. The CAI LAC opposes this bill and John Morris, along with two other members of the CAI LAC, testified against the bill. SB 64's purpose is to unnecessarily punish associations that have not yet complied with reserve requirements already existing in Utah law. Even more problematic, this bill would punish associations by creating a legal trap that could be used to invalidate special assessments for much needed repair projects or delay repair projects. SB 64 would also define "special assessment" in the statute differently than in existing governing documents, leading to confusion and legal expense for associations as they try to figure out what this definition means for them. This bill is a nightmare for associations, managers, developers, and builders. On behalf of the community association industry, John Morris is working tirelessly to prevent this bill from becoming law or to see it modified to eliminate all of its problems.
John Morris gave a presentation on a new mediation program that he has been working on and that is to be proposed to the Chapter. He was also presented with a plaque honoring his three years of service as the Chair of the Legislative Action Committee.