attorney fees

Can You Recover Attorney Fees From a Losing Party?

Only if either a statute or a contract specifically say you can.  Utah follows the traditional "American rule" regarding whether a party is entitled to recover its attorney fees from a losing party.  "The general rule in Utah, and the traditional American rule, subject to certain exceptions, is that attorney fees

Members Area.  This resource is available to members.  Join us by subscribing today!

Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

16-6a-612. Derivative suits
16-6a-901. Indemnification definitions
16-6a-902. Authority to indemnify directors
16-6a-903. Mandatory indemnification of directors
16-6a-904. Advance of expenses for directors
16-6a-906. Determination and authorization of indemnification of directors
57-8-17. Records - Availability for examination
57-8-44. Lien in favor of association of unit owners for assessments and costs of collection
57-8-49. Costs and attorney fees in lien enforcement action
57-8-57. Management committee meetings -- Open meetings
57-8-7.5. Reserve analysis -- Reserve fund
57-8a-211. Reserve analysis -- Reserve fund
57-8a-226. Board meetings -- Open Meetings
57-8a-227. Records -- Availability for examination
57-8a-301. Lien in favor of association for assessments and costs of collection
57-8a-306. Costs and attorney fees in lien enforcement action
57-8a-702. Attorney fees
B. Investment LC v. Anderson (plat v CC&Rs, unit definition) '12
Centennial Pointe v. Onyeabor (late fees as liq. damages, constructive notice) '09
Flag, Display of - Utah Code Title 57, Chapter 24
Kenny v. Rich (attorney fees) '08
Nuisance - Utah Code Title 78B, Chapter 6, Part 11
Rapoport v. Four Lakes Village (ARC review, requiring neighbors' consent for an improvement, attorney fees) '13
Smith v. Simas (injunction not appropriate, balancing of equities) '14
South Ridge Homeowners' Assoc v. Brown (interpreting documents, short term rentals) '10
Swenson v. Erickson (abandonment, architectural review) '00
Walker Invest v. Sunpeak Ass'n (records request, emails and phone numbers) '15
HOA resources and laws annotated
HOA resources and laws annotated