Utah divorce filings august 2007


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So far it's retirees, young professionals and a university professor. Salt Lake City Green includes environmental programs that help conserve resources, reduce pollution and combat global climate change. Labels: trade show. In January, the City Council passed an ordinance to require the new licenses and associated fees for rentals with three units or more. Wednesday night, council members extended the law to apply to one- and two-unit rentals as well.

The program also requires that landlords evict tenants who engage in criminal activity, said City Attorney David Carlson. In this older urban area directly south of Salt Lake City, 62 percent of its 23, residents rent rather than own. However, the new law is aimed more at reducing crime than filling the city's coffers. We can assess its effectiveness in the future. He said he plans to comply. It's important," Rutter said.


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Labels: rentals. I attended and audited the M course today, and during breaks talked to two different community managers, each of whom had recently spoken to two different lawyers, and both of whom were led to believe that the incorporation of associations had become undesirable, in light of the Park West v. Deppe case. I hope to get those two lawyers to confirm or deny these understandings, and perhaps to start a lively e-dialogue on the subject , but for now, I assure you that I continue to recommend the incorporation of community associations.

Labels: Governance , non-profit corporation status. One of the initial recommendations that I make to all associations is that they register themselves as nonprofit corporations. There are lots of reasons for that recommendation, that I've mentioned before and will undoubtedly mention again.

Labels: non-profit corporation status. Many of you will be familiar with the case of Committee for a Better Twin Rivers v. For those of you who are not, a brief background: Twin Rivers was a huge planned community in New Jersey, and at least one resident thought the community was unduly restrictive. So, keeping with the American Way, he sued.

His lawsuit led to an intermediate appellate opinion, in which it appeared as though the Courts of New Jersey may have been required to assure that associtions were providing consitutional-level rights to their residents. Needless to say, the case created quite an uproar in the community association business. Anyway, several weeks ago, the case was reversed by New Jersey's highest court.

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There has been lots of commentary since. Labels: Governance. Conduct at least one membership meeting annually, providing at least two weeks notice to homeowners and more than two weeks if specified in the governing documents or dictated by state statute. Collect assessments and other fees from homeowners in a timely and equitable manner and in accordance with state statutes and board-approved procedures.

Provide at least one form of regular communication with residents, and use it to report substantive actions taken by the board. Disclose all personal and financial conflicts of interest before assuming a board position and, once on the board, before participating in any board decisions.

Hold fair and open elections in strict conformance with governing documents, giving all candidates an equal opportunity to express their views and permitting each candidate to have a representative observe the vote-counting process. Share critical information and rationale with residents about budgets, reserve funding, special assessments and other issues that could impact their financial obligations to the association.

Give members an opportunity— before final decisions are made—to ask questions of a representative who is fully familiar with these financial issues. Initiate lien and foreclosure proceedings only as a last step in a well-defined debtcollection procedure—and only after other, less-disruptive measures have failed to resolve a serious delinquency issue in a specified period of time. Govern and manage the community in accordance with all applicable laws and regulations.

Conduct reviews of governing documents to ensure legal compliance and to determine whether amendments are necessary. Allow residents to bring grievances before the board or a boardappointed committee, and follow well-publicized procedures that give residents the opportunity to correct violations before imposing fines or other sanctions. Allow homeowners reasonable access to appropriate community records, including annual budgets and board meeting minutes. Account for anticipated long-term expenditures as part of the annual budget development process, commissioning a reserve study when professional expertise is warranted.

Enforce all rules, including architectural guidelines, uniformly, but only after seeking compliance on a voluntary basis. Distribute proposals for new rules and guidelines to all homeowners and nonowner residents. Advise them when the board will consider new rules and encourage input. Once adopted, new rules and effective dates should be distributed to every owner and resident. Note: Laws governing community and condominium associations vary considerably from state to state. In addition to understanding and adhering to these laws, community association leaders need to be aware of legislative and regulatory issues that could affect their associations.

Corporate records. Records of receipts and expenditures -- Availability for examination. The manager or management committee shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred.

Records and the vouchers authorizing the payments involved shall be available for examination by the unit owners at convenient hours of weekdays. Enacted by Chapter , General Session. Labels: non-profit corporation status , records. Sunday, August 12, The Proposed Legislation. As I embark upon my commentary of the pending and presumably to be proposed Utah legislation, it seems appropriate to make it available.

Labels: Legislation. Saturday, August 11, Got Equity? The New York Times is noting a trend for those who may have acquired equity in light of recent price increases: Get A Divorce The author of this blog does not endorse all suggestions referenced herein. My weekly case review obviously didn't fare too well, as my last post was well over a half of a year ago.


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No reference of the earlier writ petitioner in the present writ petition. Petition is liable to be dismissed when petitioner has withheld and suppressed the material facts. Civil Revision No. While disposing the Civil Revision No. In the petition under the Guardians and Wards Act , both the parties have led evidence and after evidence Court has to opine as to whether children are safe in the custody of respondent No.

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Paramount consideration of the Court was the welfare of the children but without evidence of the parties in the present petition custody of the minor children cannot be handed over to the petitioner. No doubt, there are orders of the Court of United States of America, Annexure P-1 and P-2 but orders are not helpful to the petitioner because minor children were not declared ward of the Court. Authorities cited by the learned counsel for the petitioner are also not applicable because there was no petition under the Guardians and Wards Act.

Secondly, the children were the ward of the Court then direction was given to hand over the custody of the children with liberty to aggrieved party to move an appropriate application before the concerned Foreign Court. When second petition on the same subject matter between the parties then order of the Court dismissing the earlier writ petition operates as res judicata. When petition was filed by suppressing the material facts and an attempt was made to mislead the Court then petition is liable to be dismissed.

In support of his contention counsel for the contesting respondents cited:. Undisputedly, respondent No. Ekta Gyani, is the legally wedded wife of the petitioner and out of this wedlock two issues namely Sahir Singh born on This fact is also an admitted one that petitioner, respondent No. Petitioner filed petition under Sections 11 and 17 of the Guardians and Wards Act , , and the petition is dated Allegation of the petitioner was that he along with respondent No.

When petition was dismissed as withdrawn at that time petition was pending for final hearing after evidence of both the parties. In the main petition under the Guardians and Wards Act , petitioner had moved an application dated 2. Application was for the compliance of US Court order i. Allegation of the petitioner was that petitioner has already been awarded the sole custody of both the children as well as temporary sole parental responsibility of filing motion before the Eleventh Judicial Circuit Court of Miami-Dade County, Florida because respondent No.

Relevant para of the order is reproduced as under:. Petitioner being father is the first lawful guardian of the minor children and question for adjudication is by respondent No. Application Annexure P-3 2. Evidence of the petitioner was also closed by order and the petition was adjourned to Order dated 2. Custody of the minor children was granted to the petitioner as per order of the U. Court and no such similar petition was filed in any Court but Civil Revision No. Judgment dated While filing the application under Order XXIII Rules 1 and 3 CPC, allegation of the petitioner was that there is a technical snag in the petition as the cause of action for filing the petition arose on 7.

So the appropriate forum was the executing Court since custody has already been granted to the petitioner. While accepting the application, Court observed that parties have led their evidence and case is fixed for final arguments. Petitioner also moved an application for transfer of the case but the same was dismissed vide order dated Criminal Revision No. CRWP No. In March, , respondent No. Petition under Section 9 of the Hindu Marriage Act, , for restitution of conjugal rights was filed in August Petition for custody of the minor children was also filed in April, and the same is pending so he wants to remain with the children for a short duration.

Ultimately, the petitioner was allowed to meet the minor children in the presence of warrant officer and CRWP No. Petitioner also filed Civil Revision No. Revision was against the order dated Ultimately, Civil Revision No. While dismissing the petition Court observed that petitioner is not interested to get the decision of the petition filed by him rather, for one reason or the other, wants to delay it and to harass the respondent.

All this shows that on the same allegation Civil Revision No. In Dhanwanti Joshi's case supra ex parte order passed under the Guardians and Wards Act giving permanent custody of child to mother, subsequently proceeding initiated by the father claiming custody of the child inter alia on the ground of having superior financial capacity so as to be able to give immediate American education to the child then Hon'ble Supreme Court opined that superior financial capacity cannot be the sole consideration for change of custody from mother to father. No substantial change in the circumstances have been established, previous order in favour of the mother was binding on the father and the subsequent proceeding was barred by res judicata.

In the present case, application under Section CPC, was moved to ensure the compliance of the US Court order but that application was dismissed. Against the order, Civil Revision No. Allegation of the petitioner was that no compliance of the US Court order but after arguments by the learned counsel for the petitioner at length, revision petition was dismissed as withdrawn.

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Same allegation in the present petition that no compliance of the US Court order. When the party suppressed the material facts then Court justified in declining the relief in favour of the party who attempted to mislead the Court. In Pawan Kumar's case supra Hon'ble Supreme Court held that suppression of material facts and attempt to mislead the Court-High Court, justified in declining the relief in favour of a party who makes attempt to mislead the Court.

In Charanji Lal's case supra Full Bench of this Court held that petition under Articles and of the Constitution of India, suppression of material facts then petition is liable to be dismissed. In the present petition sole allegation of the petitioner is that no compliance of the US Court orders Annexures P-1 and P Not a word in the petition regarding the welfare of the children. While handing over the custody to the husband or wife, paramount consideration of the Court is the welfare of the children. No allegation of the petitioner that against the order of US Court, children were brought from USA to India without obtaining orders from the concerned Court.

In Sarita Sharma's case supra in para No. In the abovesaid authority American Court by its order putting the children to the care of respondent husband but appellant wife exercising her visitation right, brought the children from the residence of respondent despite the Court's order. Writ petition seeking writ of habeas corpus filed by the husband. In view of the conduct of the wife removing the children from USA without obtaining the order from the concerned Court, High Court directed the wife to hand over custody of the children to respondent-husband and permitting him to take the children to USA then held that conduct of removing the children from USA is a relevant fact but it cannot override the aspects relating to welfare of the children.

So High Court erred in restoring the custody of the children to respondent-husband on the sole ground of breach of American Court's order. High Court should have directed the respondent to initiate proceedings for holding a full-fledged inquiry as to what would be in the interest of children. Ultimately, appeal filed by the wife to set aside the order of the High Court was allowed and writ petition filed by the respondent-husband dismissed. Learned counsel for the petitioner argued that in view of the orders Annexure P-1 and P-2, custody of minor children be handed over to him and in case respondent No.

In Shilpa Aggarwal's case supra three-and-a-half year old female child presently in her mother's custody after being brought to India from UK. In the background of such an order passed by English Court, principles relating to comity of courts and child's best interests considered and Supreme Court of India holding that appellant mother ought to act according to interim order of English Court.

She should defend her case, if any, in English Court of competent jurisdiction. Position clarified that English court had not separated the child from mother but had only directed the mother to submit to jurisdiction of English courts because the child was a British national, parties had worked for gain in UK and also acquired status of permanent residents in UK.

So, it is the English Court which has the most intimate contact with issue involved in this case. Mother was directed to return the minor to jurisdiction of court of competent jurisdiction in England and Wales. Father however made responsible for arranging journey and stay of mother and child in UK for at least a month. Relevant paras No. In Dr. Ravi Chandran's case supra relevant paras No.

In Criminal Writ Petition No. Dispute amongst the husband and wife. Ultimately, issue regarding custody of the child was decided by Provincial Court of British Columbia on May 12, , vide which the Court ordered that the primary residence of the child would be with respondent No.


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  6. It was also ordered that respondent No. In Smt.

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