Javascript Required!
LinkedIn Icon LinkedIn Icon Facebook IconFacebook Icon Twitter IconTwitter Icon You Tube iconYou Tube icon

Articles and Resources


2016/2017 Legislative Update and Case Law Review


Condo Conversion Budgets - How do you learn the Truth? 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


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
Court Rules That Partial Assessment Payments Must Be Accepted Paul Windust
Don't Publish the Names of Owners who Haven't Paid Their Assessments Steve Weil
Partial Payments of Community Association Delinquent Assessments Andrea O'Toole and
Emily Clark
Small Claims Court: The Assessment Collection Alternative Paul Windust


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
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
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


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


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 Common Interest Developments Tyler Berding
When Market Value Slips Out the Back Door Tyler Berding


Drought State of Emergency and the Effect on Common Interest Developments Sandra Bonato and
Emily Clark
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
Impact of Governor's Mandatory Water Restrictions on Common Interest Developments Sandra Bonato and
Raymond Ramirez
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
New Laws For 2015 - Update on Legislation Affecting Common Interest Developments and Community Associations Sandra Bonato
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


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
Go Ahead and Use Email: It's an Emergency… Implementing CID Open Meeting Act Limitations in 2012 and Beyond Steve Weil
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?  
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
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 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

A Deal Is A Deal Maria Kao
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
Enforcement of Pet Restrictions Steve Weil
How to Tow Sandra Bonato
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

Construction Disputes

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
The Berding & Weil Approach to Managing Defects in Buildings: Why litigation may not always be your first choice  
The Berkeley Balcony Tragedy: More Inspections Aren't Enough Tyler Berding
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  
Why "As Is" Really Isn't How It Is:... - The Legal Effect Of "As-Is" Clauses in the Context of Homeowners Association Defect Claims  
Why We Try Cases - An Interview with the Trial Attorneys at Berding & Weil Tyler Berding

Building Maintenance and Re-Construction

A Wakeup Call - Failed Balcony Railing Causes near Fatal Injuries Tyler Berding
The Berkeley Balcony Tragedy: More Inspections Aren't Enough 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
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

Real Estate and Business Law

California Vinyards - The Development of Vineyards in Napa Valley, California - A Brief Overview PDF download Robert Young
California Vinyards - Second Installment PDF download Robert Young
California Vinyards/Wineries - A Popular Replacement Property Alternative PDF download Robert Young
California Vinyards "The Next Step" PDF download Robert Young
California Vinyards - Financing a Winery Development - Alternatives to Checkbook Financing PDF download Robert Young
Recognizing Construction Defects in Commercial Projects PDF download Tyler Berding
Surety Bonds - Protection for the Owner Before the Work Starts PDF download Daniel Rottinghaus
The Requirements of a Basic Brokerage Commission Contract and Alternative Enforcement Mechanisms PDF download Scott Barton
What may be in store for you from the Homeland Security Act? PDF download Daniel Rottinghaus
When will a Landlord's Notice of Non-Responsibility for Tenant Improvements Fail? PDF download Daniel Rottinghaus