Berding | Weil's Community Association ALERT Newsletter

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Berding | Weil - Attorneys At Law

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OUR NEWSLETTER

Sign up for Berding | Weil's Community Association ALERT Newsletter, providing Legal News, Comments, and Great Ideas for Community Association Boards and Managers.

Read Our Latest Newsletter Right Here:

Issue #104, May 2013

Money Found at the End of the Rainbow: A Homeowner Association Success Story

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Previous Newsletters

2013 Newsletters:

Issue #103
AB 2237 Does Not Require California Community Association Managers to have a General Contractor's License - Unless...

Issue #102
Yes, It's Here! Getting Ready for NEW Davis-Stirling.

Issue #101
Enforcement of Pet Restrictions

Issue #100
Construction Defect and Insurance Saga Nets $6,000,000 for Three Homeowner Associations

2012 Newsletters:

Issue #99
The What and How of Personal Reimbursement Assessments and Collection

Issue #98
Rentals, Yes - Condos, No!
An answer to the blogophile's prayer?

Issue #97
California Supreme Court Clears the Way for Arbitration of Construction Defect Cases

Issue #96
In a California Homeowners Association, There are Three Types of Animals…

Issue #95
Ponzi Scheme?
Cities are going bankrupt because they didn't adequately project their funding needs into the future—will community associations be next?

Issue #94
What Problems Does Your Association Face From Hidden Damage?

Issue #93
It's Not Easy Being The Election Inspector: Find Out How To Succeed!

Issue #92
Hate Rules Enforcement by your Community Association?
Get with your neighbors and vote it out!

Issue #91
Exposed!?
What Protects an Individual Homeowner From a Catastrophic Judgment Against Her Community Association?

Issue #90
BEWARE: Filing Delays at the California Secretary of State

Issue #89
When Community Associations Lose "Critical Mass"
The Consequences to a Community Association of the Loss of Human Energy

Issue #88
Developer's Real Estate Brokers Liable to Association for Common Area Damage

Issue #87
The Peril of Hidden Damage in a Community Association - Part 2

Issue #86
The Peril of Hidden Damage in a Community Association - Part 1
How Do You Fix It, What Happens If You Can't?

Issue #85
Go Ahead and Use Email: It's an Emergency…
Implementing CID Open Meeting Act Limitations in 2012 and Beyond

Issue #84
Step Away From that Computer!
Before you send another Email, Read How New Legislation Restricts Board Procedure, Executive Sessions, Emergency Meetings, Discussions and Decisions

2011 Newsletters:

Issue #83
And Justice for All
How and why to provide meaningful “notice” and an “opportunity to be heard” to members of a Community Association

Issue #82
Case Law Updates

Issue #81
Look Closer. Or Else!
Older Community Associations Need Better Inspections to Avoid Financial Failure

Issue #80
First Thing We Do, Let's Ban All the Bloggers!
All speech is not necessarily objective or persuasive—merely posting something on the Internet does not make it right, or even important.

Issue #79
Killer Weed in the Common Area?
How do Boards of Directors deal with the use of Medical Marijuana in Community Associations?

Issue #78
Staying In or Selling Out?

Issue #77
SB 150 and Rental Restrictions
What Does It Really Mean for Associations?

Issue #76
Basic Training for Board Members

Issue #75
Complimentary Homeowner Association Document Review and Defect Investigation

Issue #74
Getting Sober in the New Economy
Are Rentals a Better Solution for Affordable Housing?

Issue #73
Did You Record That Judgment?
Tips on Maintaining the Critical Priority of your Foreclosure Judgment

Issue #72
Pending Legislation 2011
An Update on the Current Status of Legislation Affecting Common Interest Developments and Community Associations

Issue #71
It's Your Neighbors, Stupid.
Who, not what, is a Homeowners Association?

Issue #70
Community Association Decision Making
Who Decides — The Board, the Members or the Legislature?

Issue #69
Disaster!
No reserves. No Insurance. What's Left if a Natural Disaster Destroys a Community Association?

Issue #68
A Funny Thing Happened On the Way to the Meeting
Or, When is a Homeowner's Association like Wisconsin?

Issue #67
Who's the Client?

Issue #66
Landslides: Nuisance or Construction Defect?

Issue #65
Why Members Don't Care

Issue #64
CC&R Provisions Mandating Binding Arbitration of Construction Defect Claims Ruled Unenforceable

Issue #63
Judicial Deference Revisited: When Will A Court Second-Guess A Board's Decisions?

Issue #62
Good Legal Advice or Confidence Game?
You Decide.

Issue #61
Planning For The Future:
The Restated Davis-Stirling CID Act

Issue #60
Directors Gone Wild!

2010 Newsletters:

Issue #59
Liability in the Bargain?
The Dangers of Hiring an Unlicensed Contractor

Issue #58
CC&R Enforcement: The Five Most Important “Don'ts” You Need To Know

Issue #57
2010 Community Association Financial Health Survey

Issue #56
Governor Declines to Interfere With CID Operations

Issue #55
Newsflash: Tough Secondhand Smoke Laws for Contra Costa County Condominiums

Issue #54
Maintenance Manuals for New Associations
How Much Maintenance is enough?

Issue #53
Legislative Alert:
For San Francisco Condos, Co-ops,Planned Developments and their Managers

Issue #52
Upstairs, Downstairs
Strategies for Dealing with Noise Disputes.

Issue #51
Helping Lambs Slay Lions:
California Courts Refuse to Enforce Binding-Arbitration Clauses in Developer-Drafted CC&Rs.

Issue #50
Left Holding the (Sand) Bag
Who will pay for the damage caused by rising sea levels? It Could be Your Homeowners Association!

Issue #49
Major Reconstruction Projects in Community Associations
An Overview of the Unexpected

Issue #48
"E" is for Efficiency
Delivering Association Budgets and Other Documents by E-mail

Special Edition
Fly That Flag!

Issue #47
Why "As Is" Really Isn't How It Is:...
The Legal Effect Of "As-Is" Clauses in the Context of Homeowners Association Defect Claims - Part 2

Issue #46
What Happens When Boards Violate
Davis-Stirling?
(And Is There Such a Thing as "Condo Police?")

Issue #45
Why “As Is” Really Isn't How It Is:...
The Legal Effect Of “As-Is” Clauses in the Context of Homeowners Association Defect Claims - Part 1

Issue #44
Get the Facts Out Now!
Early Preparation of a Construction Defect Claim Can Produce Quicker Results

Issue #43
A Wakeup Call
Failed Balcony Railing Causes near Fatal Injuries

Issue #42
Why We Try Cases
An Interview with the Trial Attorneys at Berding|Weil

Issue #41
Minefield!
Traps for the Unwary in recent CC&Rs - Part 2

Issue #40
Minefield!
Traps for the Unwary in recent CC&Rs - Part 1

Issue #39
Making Ends Meet
Fiduciary Duty on a Limited Budget

Issue #38
Bankruptcy Won't Work
Why There's No Protection for Members When Community Associations "Go Broke"

Issue #37
Condominium Conversion:
Old Apartment or New Development?

Issue #36
Who Do You Trust?
The Essential Ingredient in Effective Management of Community Associations

Issue #35
The Great Foreclosure Debate
Should Community Associations use Alternatives to Foreclosure to Protect Their Cash Flow?

2009 Newsletters:

Issue #34
Aging in Place: A New Plan for the Suburbs?
Could Older Common Interest Developments become part of More Livable, Less Car-Dependent Communities?

Issue #33
Why Won't They Serve?
Homeowners won't volunteer for boards of directors of community associations—another nail in the coffin?

Issue #32
Negligent Conversion?
Is the converter liable for failing to properly assemble the parts of a new community?

Issue #31
Do Community Associations have Service Lives?
...and what happens if they do?

Issue #30
E-Delivery of Budget Packages???!!
Yes, a Brand New Law Says Associations Can!

Issue #29
A Check on Board Power:
The Common Interest Development Open Meeting Act

Issue #28
When Your CC&Rs Hate You
Or, How Developer Protections in Governing Documents Work to Block Association Defect Claims

Issue #27
What Happens When a Community Association Fails?
Does the Experience in Florida Presage the Future for California?

Issue #26
The Three-Year Trap and Other Problems with an Association's Records in Litigation

Issue #25
Attorney Fees in California Construction Defect Cases
What Clients Should Know about Fee Contracts, Referral Fees, And Professional Ethics

Issue #24
What You Don't Know
When do Statutes of Limitation begin to run on Construction Claims?

Issue #23
Community Associations in the 21^st Century
Using Technology to Beat the Recession

Issue #22
Private New Towns
A promising concept saddled with an old problem.

Issue #21
The ECHO Annual Seminar Recap

Special Edition
Special ECHO Annual Seminar Edition

Issue #20
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?

Issue #19
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

Issue #18
The Politics and Psychology of Amending Governing Documents

Issue #17
See the Forest for the Trees

Issue #16
When "Absolute" is Not
Does an Association Director have an Absolute Right to Inspect Association Records?

Issue #15
Is Reserve Funding Mandatory?
Can an Association Legally defer the funding of Reserves Necessary for Repairs and Renovations?

Issue #14
Your Association is Broke
What Bills do you Pay When the Cash Runs Out?

Issue #13
Maintenance Manuals for New Associations
How Much Maintenance is enough?

Issue #12
The "Soft-Story" Problem and Earthquake Safety
Another Issue for Condominium Conversions

Issue #11
Suspension of a Homeowner Association's Corporate Status
It's Not "Just a Technicality"

Issue #10
Making Ends Meet
Fiduciary Duty on a Limited Budget

Issue #9
Pay As You Go?
Can a Program of Periodic Maintenance Reduce the Number of Major Repair Projects in a Community Association?

Issue #8
The Berding|Weil Reserve Funding Survey Results for 2008

2008 Newsletters:

Issue #7
The Contractual Community
Why Community Associations Are Not Governments And Why That Matters

Issue #6
Don't Publish the Names of Owners who Haven't Paid Their Assessments

Special Edition
Our 18th Annual Community Association Seminar Recap
Grappling with the Economic Crisis:
Helping Associations, Directors and Managers Meet Risk and Challenge

Issue #5
Waiting For Godot ?
Or Should Associations Defer Updating Governing Documents

Issue #4
Assessment Collection in an Economic Crisis

Issue #3
Legislative Round-Up
2008 Budget Impasse Impacts CID Legislation

Issue #2
Parking Wars!
Community Association Parking Regulation on Private and Public Streets

Issue #1
Court Whacks Directors with a $500,000 Attorney Fee Award!
And, the jury said they weren't negligent!

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