About
Lincoln W. Hobbs, CCAL
Lincoln W. Hobbs, founding member and manager of Hobbs & Olson, L.C., was the founder and original president of the Utah Chapter of the Community Associations Institute (CAI). Lincoln is a member of the College of Community Association Lawyers, an organization established to acknowledge CAI member attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. Lincoln has also received the highest possible rating from Martindale-Hubbell, the nation’s leading directory of attorneys and law firms. Lincoln was recently selected for the second consecutive year as a Mountain States SuperLawyer, which indicates his selection as one of the top 5 percent of attorneys in Utah, as chosen by his peers and through the independent research of Law & Politics.
What is a developer subsidy, and does it have to be paid back by the HOA if there is no agreement to do so?
Sam, thanks for the question. I’ll get you a response, as quickly as I can, but I’m quite buried for the next few weeks. If you’d like an in-person response, come to the UCCAI Roundtable on May 5, 2011. Hope to meet you there!
Can condos have “no children under 16″ rules?
Generally speaking, no. The Fair Housing Act precludes discrimination based on, among other things, “familial status,” and that prohibits discrimination against families with children. Certain associations are exempt from this status, but they need to comply with requirements imposed by the Fair Housing Act and the regulations adopted thereunder. Such associations need to be identified as so restricted, and can lose their restriction if they fail to meet the requirements associated with the exemptions.