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Community Association ALERT Newsletter

June 2020

Splish Splash, Please Let Me In the Bath: Can We Open the Pool?

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April 2020

COVID-19 Emergency Rules — Why, How and What?

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March 2020

What Directors and Managers Can Do NOW to Address Coronavirus

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January 2020

Congratulations to Our Newest Partners

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September 2019

Governor Signs SB-326: Requires Condo Balcony Inspections, Abolishes Member Vote to Commence CD Litigation

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June 2019

Do We Finally Have an Answer to the Age Old Question: Is the Association liable for damages to a unit when the roof leaks?

(maybe...)

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April 2019

A Road Paved with Good Intentions

Addressing Unintended Consequences of New Public Assembly Laws Affecting Homeowner Associations

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August 2018

California Coastal Cities' Lone Fight for Short Term Ordinances and its Impact on Homeowner Associations

California's housing crisis has made short term rental regulations an even more urgent concern for leaders across the state, and some cities have already set their own regulations. These regulations and internal homeowner association rules and CC&Rs provisions sometimes collide. Here is an update based on recent case law and local ordinances.

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May 2018

Getting from Underfunding, Decay and Community Free-Fall to Funding, Repair and Care Free Condo Living

Building age, decay grows; reserves don't. When the problem gets worse, the result can be large special assessments, property value decline, member discontent and political paralysis. Here are some ideas on addressing all these.

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April 2018

New Mandatory Disclosure Requirements for Community Managers

The legislature believes that more laws are needed to assure that community managers – those who control the assets of common interest developments (“CIDs”) – do not take advantage of their clients by entering into secret agreements with vendors. While in our experience instances of such manager misconduct are rare, the legislature has a theoretical concern which these new laws attempt to address.

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November 2017

Berding & Weil Obtains Defense Verdict

In a five day jury trial in Orange County Superior Court, Berding Weil LLP attorneys Paul Windust, Chloe Apter, and Maria Kao successfully defended a 100 unit condominium project against claims for breach of contract and breach of fiduciary duty arising from an owner’s claim that the Board of Directors improperly denied his architectural application.

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September 2017

Victory at Court of Appeals Against Manufacturer of Defective Building Product

Berding | Weil is extremely pleased to announce our recent victory at the Court of Appeals on behalf of a client whose buildings are beset by serious construction defects.

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June 2017

Killer Weed in the Common Area

How Do Boards of Directors Deal With the Use of Medical Marijuana in Community Associations?

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May 2017

The Risks of Delegating Infrastructure Maintenance to Community Associations

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March 2017

Are You Sure You Know When Construction Defect Claims Expire?

Statutes of limitation, while intended to protect defendants from stale claims, can also be traps for the unwary claimant.

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February 2017

Did You Hire an Employee or an Independent Contractor?

You may be surprised as the legal distinction is a very fine line...

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