Morris Sperry lawyers Melyssa Davidson, Robert Rosing, and John Morris appeared on Park City TV Mountain Morning Show to talk about Morris Sperry's upcoming law seminar on condominium and hoa management contracts. To view the entire show, click HERE.
John Morris appeared on ABC 4 news this morning on the Good Morning Utah show with Emily Clark to talk about Morris Sperry's HOA (condominium, PUD, community association, homeowners association) management contract seminar in Park City. To watch the story click HERE.
Morris Sperry lawyers including John Morris were on the The Local View last week and on the Morning Edition with Leslie Thatcher this morning. KPCW Park City radio hosted the Morris Sperry lawyers to talk about HOA management contracts and Morris Sperry's upcoming seminar tomorrow night. Morris Sperry is looking forward to an exciting evening talking about legal pitfalls and issues that can come up in a community association's most important contract, the contract with its manager. Condominium, Condo Hotel, Townhome, and HOA managers and board members are welcome to attend for free at Red Rock Brewing in Kimball Junction.
In a lively discussion, the lawyers at Morris Sperry and the managers at Community Solutions and Sales discussed the practical and legal side of reserves and the applicable laws. Everyone left the discussion better educated and better situated to serve our association clients. Morris Sperry looks forward to the next meeting with the Community Solutions managers so that we can continue to sharpen our skills and exchange ideas and experiences.
John Morris, a lawyer at Morris Sperry, testified with Representative Gage Froerer before a joint session of the House and Senate Business and Labor Committees at the Utah State Capitol. They presented an overview of HOA legislation that will likely be up for passage in the 2015 legislative session. John gave a brief summary of potential laws impacting rentals in community associations, open board meetings, condominium declaration amendments, fines and warnings, utility shutoffs in condominiums and townhomes, and the hierarchy of governing documents and HOA laws including the declaration, bylaws, plat, articles of incorporation, Utah Condominium Ownership Act, Utah Community Association Act, and the Revised Nonprofit Corporations Act. These laws will impact associations throughout the state including in many cities and counties with high numbers of HOAs such as Salt Lake City, Park City, Heber, Ogden, St. George, Provo, Salt Lake County, Summit County, Wasatch County, and Washington County. Through the volunteer time of its attorneys, Morris Sperry continues its effort and dedication to create balanced and sensible community association and HOA laws. This is only one of the reasons that Morris Sperry remains Utah's best HOA law firm to be general counsel to homeowners associations and to represent homeowners and developers with HOA legal matters. You can listen to the testimony by following this link: http://utahlegislature.granicus.com/MediaPlayer.php?view_id=14&clip_id=1...
Morris Sperry Guests and all other participants in the CAI annual golf tournament had a great time. The lawyers and staff at Morris Sperry hosted several teams, all of whom enjoyed the day. Morris Sperry is looking forward to next year and to bringing even more guests out for a relaxing day of golf. Morris Sperry's guests included HOA managers and board members from Park City, Salt Lake City, Draper, and Provo. The HOA attorneys at Morris Sperry enjoy and look forward to the times when those in the industry get a short break from the tough job of managing and providing legal services to Utah community associations including condominiums, puds, townhomes, and homeowners associations.
As part of Morris Sperry's effort to support its Park City attorneys and the local community, Morris Sperry joined the Park City Chamber of Commerce. Two Morris Sperry lawyers reside in Park City and Morris Sperry serves many clients in Wasatch County and Summit County. Morris Sperry looks forward to participating in Chamber activities and supporting Park City and community associations in the Park City and Heber City area.
Quinn Sperry joined an exclusive group in 2014 by being named as a Super Lawyers Rising Star for the year 2014. No more than 2.5 percent of the lawyers in any one state can be named to this list. Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. This award further demonstrates Morris Sperry's commitment to the core requirement for providing good legal services - good lawyers!
In a recent decision, the Utah Supreme Court held, a condominium property manager owed no duty to a resident in the complex who tripped and fell on tree shoots in the lawn. In a lengthy decision addressing several legal theories, the Utah Supreme Court stated that the property manager was not a "possessor" or the land, did not owe an independent duty to the owner, and had generally complied with its contractual obligations. One lesson is clear from the decision. If a property manager takes any action to contribute to a dangerous or unsafe condition, the manager may be liable. Although the court was concerned that the property manager may have contributed to the danger caused by the tree shoots through repeated mowing instead of proper removal, the issue had not been properly addressed by the plaintiff and was therefore disregarded. The core lesson for associations and managers is to always strive to resolve unsafe conditions in HOAs. Nobody wants anyone to get injured enjoying the open space in an HOA, regardless of legal concerns.
Houston is a unique city in that it has no zoning. Theoretically, anyone can build anything they want anywhere. In reality the ability to develop remains constrained in other ways that prevent building anything anywhere. In a recent and unique case a developer considered building a large mixed use project near single family residential areas. The residential owners sued and obtained a verdict for over a million dollars under the theory that just the plan for the new development created a "nuisance" that damaged them. Although this is an interesting case, it would be very difficult to bring a case in Utah under the same legal theory. More importantly, most new construction in Utah is subject to some zoning regulation. This case remains, however, an interesting result of the never ending tension between existing land owners and developers of nearby parcels. Morris Sperry is uniquely situated to assist both existing owners and developers in these situations.