Berding | Weil Community Association ALERT Newsletter
Legal News and Comments for Community Association Boards and Managers Issue #105 • January 2014
January is Education Month for Us All
Two important homeowner association programs get attorneys and managers ready for 2014. Earlier this month B&W partners Sandra Bonato, Andrea O'Toole, Paul Windust, Marion Aaron and Steve Weil attended the 35th Annual Community Association Law Seminar hosted by the College of Community Association Lawyers. The “College” or “CCAL” consists of less than 150 attorneys throughout the country who have been admitted based on their expertise and commitment to ethical practice and the education of their community association clients.
This year's CCAL programs included Ethics, Litigation and Construction Defect Management, Fair Housing Discrimination, Bankruptcy, Defamation, Marijuana, Special Assessment Repair Projects, Insurance Policy Analysis, Assessment Collection and Insurance Provisions in Governing Document Amendment Projects. Steve Weil, one of only five CCAL members from Northern California gave a standing room only presentation with Colorado attorney David J. Graf addressing Evolving Voting Trends.
A detailed description of these programs and information about the College and its members can be accessed at:
www.caionline.org/career/designations/ccal/Pages/default.aspx
and
www.caionline.org/events/lawsem/2014%20Law%20Seminar%20General%20Documents/LS14Brochure.pdf
This year's program was attended by almost 650 attorneys from 38 states. B&W attorneys have attended (and Steve Weil and Sandy Bonato have presented at) many of the previous CCAL Law Seminars. What we have learned and the contacts we developed have made a strong contribution to the legal skills and judgment we bring to bear to train our attorneys and to assist our community association clients.
Next up for attorneys and managers is the annual California Association of Community Managers Law Seminar to be held in Oakland this Thursday and Friday, January 30 and 31, 2014. Those of you who have attended prior programs know that the CACM Legal Advisory Steering Committee (which includes B&W partner Andrea O'Toole) works hard to create timely and practical programs to educate community association management professionals. Andrea will be co-presenting a session Friday afternoon on the Anatomy of a Construction Project and on Thursday afternoon Steve Weil will co-present on advanced CC&R enforcement issues. Many of our attorneys will be at the CACM programs and at our booth in the convention hall and we look forward to seeing you there.
Please join us at our booth #419/421.
Partial Payments of Community Association Delinquent Assessments:
To Accept or Not to Accept...
By Andrea L. O'Toole, Esq. and Emily K. Clark, Esq.
The issue of whether to accept a delinquent owner's offer of partial payment of their debt comes up often and is usually not taken lightly by homeowner association boards. The offer, by definition, is less than the owner owes to the association. As such, the board's dilemma is whether to accept less than is owed to the association and to forego further collection efforts on the remainder, or to reject the offer and attempt to collect more or all of the amounts owed, usually in an effort to get the association as close to "whole" as possible. Each collection is unique and, as can be imagined, there are numerous factors to consider at each stage of the collection process. A recent assessment collection case in which the court held that an association must accept a partial payment is garnering a lot of attention and has been the subject of internal discussion at B&W as our attorneys advise our clients on how to address this new case.
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