You Think You Have a Bad Neighbor?

This story from local news and radio station KSL may be the worst story I’ve ever heard about a bad condominium neighbor:

PARK CITY — A Park City man is facing criminal charges after he allegedly furnished his condo by stealing his nearby neighbor’s furniture, including a refrigerator containing 12 packages of elk meat.

Johnathan Christian Hattaway, 38, is charged in 3rd District Court with burglary, a second-degree felony, and theft, a third-degree felony. Additional details of his alleged crime were released in a search warrant unsealed in court Tuesday.

On Oct. 17, a couple living at the Prospector Condominiums came home to discover much of their furniture was missing. The missing items included a stainless steel refrigerator, a large wooden armoire, a queen-size mattress, a bed frame, queen-sized box springs, two lamps, cleaning supplies and 12 packages of elk meat, according to a search warrant affidavit.

Investigators determined that a key card had been made without authorization and was used to enter the condo, the warrant states.

Two days later, as officers were investigating several reports of criminal mischief and a vehicle burglary in the same area, they “determined John Christian Hattaway was a person of interest in these said cases,” according to the affidavit.

Detectives discovered Hattaway lived just one or two doors away. Officers went to Hattaway’s condo to talk to him. Using their body cameras, the officers recorded the furniture in the house as they walked around and later showed the video to the couple who had their furniture stolen. The couple identified many of the items as theirs, the warrant states.

“The defendant told the officers that he had thought that (the other condo) was a low income rental so he thought he could exchange his property for the property in (it),” according to charging documents.

Two days after being charged in Summit County, Hattaway was charged in Salt Lake County Justice Court with shoplifting, a class B misdemeanor. On Aug. 10, he pleaded guilty to theft of services in Summit County Justice Court, according to court records.

Nice excuse about the low income neighbor. He thought they residents were low income, so it was OK to steal the furniture?


Join Us for a Free Lunch!

The Utah Condominium and HOA lawyers at Hobbs & Olson | Carpenter Hazlewood will be sponsoring this week’s UCCAI Luncheon, and the speakers will be covering issues related to unit owner insurance coverage (HO-6 policies.

The luncheon will be held Thursday, November 10, at 11:30 a.m. at the Cottonwood Country Club.

We have a number of sponsor guest passes, so if you or anyone whom you know might be interested in attending, have them give us a call or drop us an email. The main office # is 801.519.2555, and you can email us through the links on this page.

2017 Law Seminar Brochure is Online

The brochure for the 2017 Community Association Law Seminarlawseminar is now posted online and available for searchable review. The seminar will be held in Las Vegas on January 18-21 and will provide valuable education and updates for condominium and HOA lawyers.

Lincoln Hobbs and Sarah Orme will be co-presenting a case law study on a case recently and successfully litigated by Hobbs & Olson | Carpenter Hazlewood, and Scott Carpenter will be co-presenting the annual case law review.

Join Us to Learn About Insurance Coverage!

Utah condominium and HOA lawyers
Utah Condominium and HOA lawyers

Hobbs & Olson | Carpenter Hazlewood will be the sponsor of the Utah Chapter of the Community Association Institute’s monthly luncheon on November 10, and it’s a topic of significant importance and interest. The speakers will speak on individual owner coverage, referred to as HO-6 policies. All Utah Condominium and Utah HOA owners should have HO-6 coverage to supplement the association’s coverage; this session will assist owners in finding the right policies for your needs.

Here are Details on Board Training

Our Back-to-School presentation of the Community Association Institute’s Board Leadership Development Workshop is less than two weeks away!

Here are the details:
The course will be at the Salt Lake City Marriott at 220 South State Street, and will begin at 9 a.m.. We’ll seek to conclude the class by 3 p.m.

We’ll serve a continental breakfast and lunch, so come ready to eat and learn!

Registration is though the Utah CAI web page, located here. Registration costs $31 to cover the cost of the valuable course materials, but this gracious Utah Condominium and HOA law firm is offering scholarships to cover the entire cost of the course.

If you have questions regarding the course, give this Utah condominium lawyer or this Utah HOA lawyer a call, at 801.519.2555.


Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of, Part 3

This is the third installment in our series about Utah Condominium and Community Association Statutes Boards and Managers Should Be Aware Of.  For an explanation of why we think these statutes are important, please see Part 1.

Open Meetings: Utah Code §§ 57-8-57 (Condominium Ownership Act) & 57-8a-226 (Community Association Act)

These statutes require an association to give written notice of management committee or board of directors meetings via email to each owner who requests such notice.  The notice must be given at least 48 hours before the meeting, and must include the time, date and location of the meeting.  If management committee/board members can participate in the meeting remotely, the association must provide information to allow owners to participate the same way.

These statutes also require that management committee/board meetings be open to all unit owners or their representatives, if the representative is designated in writing.  Meetings can be closed for several reasons, including:  to consult with an attorney to obtain legal advice; to discuss ongoing or potential legal proceedings; to discuss a personnel matter; to discuss a matter relating to contract negotiations; to discuss a matter involving an individual that is likely to cause that individual undue embarrassment or violate the individual’s privacy; or to discuss a delinquent assessment or fine.

At each meeting, the management committee/board must allow each unit owner a reasonable opportunity to offer comments, but the committee may limit the comments to one specific time period during the meeting.

If the association does not comply with these requirements and fails to remedy the noncompliance within the time specified in an owner’s demand, which must be at least 90 days, the owner may file an action against the association in state court and may be awarded the remedies discussed in Part 1 of this series.

The above requirements do not apply to an association during the period of administrative control.