Lincoln W. Hobbs

  • Insurance Claims, Real Estate Law, Employment Law
  • Idaho, Utah, Wyoming
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Practice Areas
  • Insurance Claims
  • Real Estate Law
  • Employment Law
Additional Practice Area
  • Insurance Bad Faith
Jurisdictions Admitted to Practice
Idaho
Utah
Wyoming
Professional Experience
Founder, Managing Member
Hobbs & Olson
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My practice at Hobbs & Olson has focused primarily on condominium and HOA law, with secondary emphasis on other property law and employment law.
Member
WInder & Haslam, P.C.
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Education
The University of Utah S.J. Quinney College of Law
J.D.
Honors: Leary Scholar
Activities: Editor-in Chief of the Journal of Contemporary Law
University of Utah
B.A. | English
Professional Associations
College of Community Association Lawyers
President
Current
Speaking Engagements
Litigation for Managers, Community Associations Institute Annual Conference, Orlando, Florida
Community Associations Institute
Legal Trends of Which Managers Should be Aware, Community Associations Institute Annual Conference, Orlando, Florida
Community Associations Institute
Legal Answers
25 Questions Answered

Q. In Utah, does an HOA legally have to follow a reserve study?
A: There's no easy answer to this question. Association Boards have discretion to determine a reasonable reserve policy. Although it depends upon what the Association's governing documents say, it is usually the Board's right and duty to determine how reserves should be funded. Your association should discuss the amount and level of reserve funding at the Association's annual meeting, and should listen to Owners' input, but if your Association has inadequate reserves, the Board would be acting reasonably to aggressively increase the dues significantly. That is a much better option than to face the need for a special assessment.
Q. Let a coworker stay with us for what was to be 2 months, now going into 6 rent free. Do I need anything to move him out
A: Assuming he won't voluntarily leave when you request him to, you can pursue an unlawful detainer action against him, which is an expedited process which leads to a court order for him to get out. If he doesn't comply with that, law enforcement will assist you in removing him and his possessions. I hope it doesn't come to that.
Q. What if my husband had a 3 to 4 slice of wood jammed through his hand at work and the employer asked my husband if he
A: I'm not licensed in Nevada, and am not sure where this occurred, but in Utah the employer would have to have had workers compensation insurance (and I'm 99% certain that would be the case in Nevada -- I think it's the case in all states. Your husband should see a good personal injury attorney, immediately.
Q. Why is a law firm willing to pay to fly me out for deposition in a class action case?
A: Probably because it' less expensive than them flying to you.
Q. Do employers need to provide a written copy of their employee policies?
A: No. But they should.
Q. Is forced overtime legal? And if so, is there a time limit for prolonged forced overtime?
A: An employer can require you to work as many hours as they wish, provided they compensate you in accordance with overtime laws. They cannot "force" you to do it, in that you can decline, and quit or get fired. If your employer is making you work more than you want, I'd suggest that you try to find a new job. It's much easier to find a job when you are currently employed and don't need to explain why you left your last job.
Q. If your company has video surveillance, do they have to tell you?
A: It would be a good practice, but would not be required in a portion of the office where there is no reasonable expectation of privacy.
Q. Can an employer ask you not to file a claim if they offer to pay any of your out of pocket expenses?
A: Not file a claim for what?
Q. Just left an apartment who is charging us $300 in move out cleaning costs, despite us cleaning for 8hrs. Help?!
A: Take a look at the Utah Fit Premises Act, Utah Code 57-22. (You can find it through Google.) Also, check your city's ordinances; some cities provide more protection. Small claims court may be your best and only real option.
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Contact & Map
466 East 500 South
#300
Salt Lake City, UT 84111
USA
Telephone: (801) 519-2555
Fax: (801) 519-2999
Fax: (801) 519-2999