Real Estate

Real Estate Management

There are a variety of federal and state laws that may affect Home Owners Associations (HOA), and other property management boards, organizations, and associations operating in Utah.  These include the Utah Condominium Ownership Act, the Utah Revised Nonprofit Corporation Act, the Utah Fair Housing Act, the Federal Fair Housing Act, and the Federal Americans with Disabilities Act, including the Accessibility Guidelines for Buildings and Facilities.  These laws can also affect real estate developers and contractors as they plan for the development of and construction on their properties, as well as the covenants and restrictions they intend to place in the deeds of trust.

These and other laws create a number of duties and impose restrictions on board members as they carry out their day-to-day duties to the HOA.  For example, they may place constraints on the content and enforcement of CC&Rs (covenants, conditions, and restrictions), bylaws, house rules, and other administrative rules.  These laws may also impose fiduciary duties on board members, meaning that the law holds them to an extremely high standard of care when executing their duties as HOA board members. 

At Matheson & Peshell, L.L.C., we focus on representing contractors, developers, HOAs, property management boards, organizations, and property owners in a variety of real estate and property management issues, including drafting CC&Rs, enforcing and litigating CC&R violations, prosecuting fee collections, and advising boards on day-to-day management issues.  We also assist clients in interfacing with management companies and attending HOA meetings. 

Real Estate Transactions

Commercial and real estate transactions often involve a host of complicated issues, and even seemingly simple transactions must be executed precisely to successfully close.  Well-drafted documents, such as purchase agreements, lease agreements, deeds, and buy-sell agreements involving real estate, are essential to making sure your real estate interests are protected and potential problems are minimized.  It is important to have an experienced attorney negotiate and draft such documents on your behalf, as well as review any documents submitted by other parties for your signature.  The time to involve an attorney is well before the closing is scheduled to take place. 

Issues and problems can also arise out of past transactions, including issues regarding enforcement of previously agreed upon terms, landlord/tenant disputes, lien foreclosure and other issues, and lease enforcement.  Having experienced counsel represent you with respect to such post-transaction issues can be crucial in preserving your rights and interests in real property.

Matheson & Peshell's attorneys have a wide breath of experience in real estate law, and would be pleased to help you with your legal needs.  Contact us today to speak with our attorneys.