Meet renowned author Evan McKenzie and purchase an autographed copy of his latest book: "Beyond Privatopia." Put your name in the hat for a chance to win a free copy.

Hear Tyler Berding and McKenzie debate whether privately governed community associations can survive the challenges of the 21st Century - Saturday, June 18th at 1:30.

For the first time ever, the CAOC Womens Caucus held a fact- and fun-filled seminar the afternoon before Justice Day to educate interested members on the best practices in getting our justice-centered message across to statehouse lawmakers. Inside of 48 hours, one of those in attendance – Allison Andersen – demonstrated that our members are a quick study. She addressed the Senate Judiciary Committee on SB 603, a "frivolous litigation" bill pitched by CAOC's most fervent nemesis in the Capitol, the Civil Justice Assn. of California. Andersen's compelling and well-crafted testimony helped do the trick. With relative dispatch, the committee booted CJAC's bill to the curb, reasoning that it was unnecessary because existing sanctions already serve as adequate deterrents for lawyers who might take on questionable cases of frequent-filing litigants. Currently, courts can label a litigant as vexatious only if they are a pro per plaintiff.

Claims might include pursuit of construction defect recoveries or issues relating to CC&R enforcement and fiduciary duty. In February, Partner Paul Windust and Associate Anand Upadhye obtained a unanimous 12-0 Jury verdict that vindicated the decisions and handling by a 64 unit condominium community association board of directors in dealing with a flooring and nuisance dispute. The Jury returned a complete defense victory after a three week trial during which the association faced breach of fiduciary duty and breach of governing document claims. The Plaintiff claimed that the association failed and refused to enforce a flooring restriction contained in the governing documents against an upstairs neighbor. Berding - Weil attorneys were successful in having the Judge throw out the breach of governing document claim just before trial and successfully presented a business judgment defense to the jury on behalf of the association's handling of the flooring dispute. The association engaged Debra Warren of Cinnabar Consulting as its expert and she provided valuable testimony as to director duties and standards for measuring how they are carried out.

The Jury's verdict confirms that board decisions will be respected when those decisions are documented, made in good faith and in the best interests of the community. As the prevailing party, the association will seek reimbursement of its attorneys' fees from the plaintiff.

Most home sellers and buyers are familiar with the duty to disclose unseen defects in residential real property. Less clear is what that duty is in the context of the sale of commercial property between two sophisticated/investor parties. Further, nondisclosure cases are difficult because they present complex issues and rely heavily on witness and expert testimony. Paul and Andrew efficiently organized these concepts and materials and presented a clear and concise case to the jury. Making this case even more challenging was the defendants' numerous pre-trial and trial motions based on exculpatory and disclaimer provisions in the purchase and sale agreement. They argued persuasively to the Court that exculpatory and disclaimer provisions are no defense to fraud and deceit claims."

The jury`s verdict, handed down on February 1, confirms that the duty to disclose is alive and well and requires affirmative action by a seller of real property, regardless if the property is residential or commercial. Congratulations to Paul, Andy and the team!"