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Library
BROCHURES
General Practice Brochure
(PDF download)
Commercial Real Estate & Business Group Brochure
(PDF download)
COMMUNITY ASSOCIATION MATERIALS
Community Association Maintenance Manual Supplement: Standards for Residential Construction and Outside Time Limits
(PDF download)
2013 Community Association Disclosure Checklist
(PDF download)
Davis-Stirling Act - Community Association Statute Book 2013
(PDF download)
Davis-Stirling - Common Interest Development Act - Individual Statutes
Residential Common Interest Developments: An Overview By: Helen E. Roland, CRB-98-006; California Research Bureau, California State Library
Standards for Residential Construction and Outside Time Limits
(PDF download)
COMMUNITY ASSOCIATION STATUTES
Davis-Stirling Act - Common Interest Development Act
Selected Business and Professions Code Provisions Affecting Common Interest Developments
Selected Civil Code Provisions Affecting Common Interest Developments
Requirements for Actions for Construction Defects
Selected Code of Civil Procedure Provisions Affecting Common Interest Developments
Selected Corporations Code Provisions Affecting Common Interest Developments
Selected Government Code Provisions Affecting Common Interest Developments
Selected Vehicle Code Provisions Affecting Common Interest Developments Towing of Vehicles
CONDOMINIUM CONVERSION
Condo Conversion Budgets - How do you learn the Truth?
Tyler Berding
Condominium Conversions: Owner Equity at Risk?
(PDF download)
Tyler Berding
Condominium Conversions: Old Apartment or New Development?
Tyler Berding
Negligent Conversion? - Is the converter liable for failing to properly assemble the parts of a new community?
Tyler Berding
The "Soft-Story" Problem and Earthquake Safety - Another Issue for Condominium Conversions
Tyler Berding
CONSTRUCTION DEFECTS, BUILDING MAINTENANCE and RE-CONSTRUCTION
Building Maintenance and Re-Construction
A Wakeup Call - Failed Balcony Railing Causes near Fatal Injuries
Tyler Berding
CAL-OSHA Requirements for Permanent Scaffolding
Caring for Community Associations with a Maintenance Trust
Tyler Berding
Disaster! - No reserves. No Insurance. What's Left if a Natural Disaster Destroys a Community Association?
Tyler Berding
and
Steve Weil
Liability in the Bargain? - The Dangers of Hiring an Unlicensed Contractor
Timothy Smith
Look Closer. Or Else! - Older Community Associations Need Better Inspections to Avoid Financial Failure
Tyler Berding
Maintenance Manuals for New Associations: How Much Maintenance is enough?
Tyler Berding
and
Steve Weil
Major Reconstruction Projects in Community Associations: An Overview of the Unexpected
Tyler Berding
The Myth of Public Agency protection in the Building Permit Process
OSHA in the HOA: Iversen and the Application of Cal-OSHA to an Association's Independent Contractors
Matt Malone
Pay As You Go? Can a Program of Periodic Maintenance Reduce the Number of Major Repair Projects in a Community Association?
Tyler Berding
The Peril of Hidden Damage in a Community Association - How Do You Fix It, What Happens If You Can't? - Part 1
Tyler Berding
The Peril of Hidden Damage in a Community Association - How Do You Fix It, What Happens If You Can't? - Part 2
Tyler Berding
The Role of Experts in Evaluating Building Performance Issues
Tyler Berding
Surety Bonds - Protection for the Owner Before the Work Starts
Daniel Rottinghaus
Construction Defects
Are They Building Condos Better?
Tyler Berding
Attorney Fees in California Construction Defect Cases - What Clients Should Know about Fee Contracts, Referral Fees, And Professional Ethics
Tyler Berding
and
Allison Andersen
The Berding & Weil Approach to Managing Defects in Buildings: Why litigation may not always be your first choice
Did You Already Blow the Statute of Limitations?
(PDF download)
Tyler Berding
Get the Facts Out Now! - Early preparation of a construction defect claim can produce quicker results
Lucas Olona
Good Legal Advice or Confidence Game? You Decide.
Tyler Berding
and
Sandra Bonato
Landslides: Nuisance or Construction Defect?
Tyler Berding
The Mediator's View: An Interview with Jonathan Margolis
Tyler Berding
The Three-Year Trap and Other Problems with an Association's Records in Litigation
Elizabeth Bassett
What You Don't Know - When do Statutes of Limitation begin to run on Construction Claims?
Tyler Berding
When Your CC&Rs Hate You - Or, How Developer Protections in Governing Documents Work to Block Association Defect Claims
Matt Malone
Why "As Is" Really Isn't How It Is:... - The Legal Effect Of "As-Is" Clauses in the Context of Homeowners Association Defect Claims
Matt Malone
Why We Try Cases - An Interview with the Trial Attorneys at Berding & Weil
Tyler Berding
FINANCE
Assessment and Collections
Appellate Court Says Recording Foreclosure Judgment Crucial to Maintain Collection Priority
Paul Windust
Assessment Collection in an Economic Crisis
Paul Windust
Assessment Laws Focus Attention on Association Assessment Collection Policies and Procedures
Sandra Bonato
and
Steve Weil
Don't Publish the Names of Owners who Haven't Paid Their Assessments
Steve Weil
Small Claims Court: The Assessment Collection Alternative
Paul Windust
Budgets
E-Delivery of Budget Packages???!! - Yes, a Brand New Law Says Associations Can!
Sandra Bonato
"E" is for Efficiency - Delivering Association Budgets and Other Documents by E-mail
Melissa Bauman Ward
Making Ends Meet: Fiduciary Duty on a Limited Budget
Steve Weil
Funding Issues
2010 Community Association Financial Health Survey
Tyler Berding
Bankruptcy Won't Work - Why There's No Protection for Members When Community Associations "Go Broke"
Tyler Berding
and
Sandra Bonato
The Board's Dilemma - How Can Community Associations Avoid a Funding Crisis?
(PDF download)
Tyler Berding
Community Associations in the 21st Century: Using Technology to Beat the Recession
Steve Weil
The Great Foreclosure Debate - Should Community Associations use Alternatives to Foreclosure to Protect Their Cash Flow?
Tyler Berding
Mandatory Funding? - The Board's Decision to Fund a Community Association is not Discretionary in California Boards and Directors
Tyler Berding
No Right to Refuse Payment
Tyler Berding
Predictions of the Future in an Uncertain Present - Why Community Associations are Failing the Price of Survival and a Glimpse Into the Future
(PDF download)
Tyler Berding
Staying In or Selling Out?
Tyler Berding
What happens When a Community Association Fails? - Does the experience in Florida presage the future for California?
Tyler Berding
Your Association is Broke - What Bills do you Pay When the Cash Runs Out?
Tyler Berding
Reserves
Borrowing From Reserves: A Primer From California Law
Sandra Bonato
Do Community Associations have Service Lives? ...and what happens if they do?
Tyler Berding
Is Reserve Funding Mandatory? - Can an Association Legally defer the funding of Reserves Necessary for Repairs and Renovations?
Tyler Berding
Look Closer. Or Else! Older Community Associations Need Better Inspections to Avoid Financial Failure
Tyler Berding
When Condos Become Obsolete - What Determines the Life of a Common Interest Development?
Tyler Berding
HOUSING and COMMUNITY ISSUES
The Affordable Housing Myth
Tyler Berding
Aging in Place: A New Plan for the Suburbs? - Could Older Common Interest Developments become part of More Livable, Less Car-Dependent Communities?
Tyler Berding
Back to our Housing Future
Tyler Berding
Common Interest Developments: Housing at risk?
(PDF download)
Julia Lave Johnston and
Kimberley Johnston-Dodds
The Contractual Community - Why Community Associations Are Not Governments And Why That Matters
Tyler Berding
Getting Sober in the New Economy - Are Rentals a Better Solution for Affordable Housing?
Tyler Berding
Hang Together or Hang Separately? - Selling a Distressed Common Interest Development as a Single Parcel: Is Partition an Alternative to losing it to Individual Foreclosures?
Tyler Berding
It's Your Neighbors, Stupid. Who, not what, is a Homeowners Association?
Tyler Berding
Left Holding the (Sand) Bag - Who will pay for the damage caused by rising sea levels? It Could be Your Homeowners Association!
Tyler Berding
Predicting the Future of Community Associations - An Outline for the Next 50 Years
Tyler Berding
Private New Towns - A promising concept saddled with an old problem
Tyler Berding
The Uncertain Future of Community Associations
Tyler Berding
When Market Value Slips Out the Back Door
Tyler Berding
LEGISLATION and POLITICS
First Thing We Do, Let's Ban All the Bloggers! - All speech is not necessarily objective or persuasive.
Tyler Berding
Governor Declines to Interfere With CID Operations
Steve Weil
and
Sandra Bonato
Legislative Alert for San Francisco Condominiums, Cooperatives, Planned Developments and their Managers
Andrea O'Toole
Legislative Round-Up: 2008 Budget Impasse Impacts CID Legislation
Sandra Bonato
Needed: A 500 pound Gorilla
Tyler Berding
Planning For The Future: The Restated Davis-Stirling CID Act
Sandra Bonato
SB 150 and Rental Restrictions - What Does It Really Mean for Associations?
Sandra Bonato
and
Melissa Bauman Ward
Who's Minding the Store? - State Regulators are Asleep at the Switch
Tyler Berding
Why are Common Interest Developments not on Party Platforms?
Tyler Berding
OPERATIONS and MANAGEMENT
Directors and Management
Authorizing Action in the Face of Homeowner Association Apathy or Paralysis: Judicial Rescue for Governing Document Amendments, Loans and Quorums
Steve Weil
Basic Training For Board Members - A Berding|Weil Guide For New Volunteers
(PDF download)
Tyler Berding
BEWARE: Filing Delays at the California Secretary of State
Sarah Jenkins
Community Association Decision Making - Who Decides -The Board, the Members or the Legislature?
Steve Weil
Court Whacks Directors with a $500,000 Attorney Fee Award!
Steve Weil
Directors Gone Wild!
Steve Weil
Exposed!? What protects an individual homeowner from a big judgment against her community association?
Tyler Berding
Judging Directors: How Courts Throughout the Nation Evaluate Board and Association Decision Making and How to Bullet-Proof Those Decisions
Steve Weil
Judicial Deference Revisited: When Will A Court Second-Guess A Board's Decisions?
Matt Malone
Hate Rules Enforcement by your Community Association? Get with your neighbors and vote it out!
Tyler Berding
Recent Trends in the Business Judgement Rule and other Standards of Review
(PDF download)
Steve Weil
SLAPP: The First Amendment and Community Association Politics PDF download
Steve Weil
and
J.Nussbaum
Step Away From that Computer! Before you send another Email, Read How New Legislation Restricts Board Procedure, Executive Sessions, Emergency Meetings, Discussions and Decisions.
Sandra Bonato
and
Melissa Bauman Ward
Understanding Board Decisions and Judicial Deference: Two Recent Appellate Cases Illustrate When A Court Will Defer To The "Business Judgment" Of A Board of Directors
Matt Malone
and
Andrew Baugh
Virtually Legal Technology and its Impact on Association Operations
Steve Weil
What Happens When Boards Violate Davis-Stirling? (And Is There Such a Thing as Condo Police?)
Steve Weil
and
Andrea O'Toole
When "Absolute" Is Not - Does an Association Director have an Absolute Right to Inspect Association Records?
James Devereaux
Who Do You Trust? - The Essential Ingredient in Effective Management of Community Associations
Tyler Berding
Who's the Client?
James Devereaux
Why Members Don't Care
Tyler Berding
Why Won't They Serve? - Homeowners won't volunteer for boards of directors of community associations another nail in the coffin?
Tyler Berding
Elections, Records and Meetings
A Check on Board Power: The Common Interest Development Open Meeting Act
Steve Weil
A Funny Thing Happened on the Way to the Meeting - Or, When is a Homeowner's Association like Wisconsin?
Steve Weil
Embracing the New Board Meeting Agenda Law
Steve Weil
and
Sandra Bonato
Ten Things You Need to Know About the New Records Law
Governing Documents and Rules Enforcement
And Justice For All - How and why to provide meaningful "notice" and an "opportunity to be heard" to members of a Community Association
Steve Weil
CC&R Enforcement: The Five Most Important Don'ts You Need To Know
Steve Weil
The Contractual Community - Why Community Associations Are Not "Governments"
Tyler Berding
Killer Weed in the Common Area? How do Boards of Directors deal with the use of Medical Marijuana in Community Associations?
Paul Windust
Parking Wars! - Community Association Parking Regulation on Private and Public Streets
Andrea O'Toole
The Politics and Psychology of Amending Governing Documents
Steve Weil
Rental Restrictions: Salvation or Salvo?
Steve Weil
Suspension of a Homeowner Association's Corporate Status - It's Not "Just a Technicality"
Mary Filson
Upstairs, Downstairs - Strategies for Dealing with Noise Disputes
Paul Windust
Waiting For Godot? or Should Associations Defer Updating Governing Documents to See What the Legislature Is Going to Do About the Davis-Stirling Act?
Mary Filson
...
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