Berding | Weil is a California community association law firm with expert corporate and litigation attorneys who understand the needs of homeowners living in planned communities. We assist with everything from amending governing documents to advising on neighbor disputes, to preparing proper disclosures for prospective buyers. Our clients include associations of owners of residential and commercial condominiums, planned developments, and condominium conversions throughout California, as well as large residential retirement and single-family home communities.

Our experienced community association attorneys communicate with our clients so that they understand the unique area of law presented by California's Davis-Stirling Act, the Corporations Code, and all of the case law that has developed over the thirty years that we have been representing homeowners associations and common interest developments.

Amending Governing Documents. Our community association lawyers bring proficiency and experience to the process of amending and interpreting Bylaws, CCRs, and Rules. Our governing document amendments incorporate all of the latest changes to the statutes that govern the operations and the politics of community associations as adopted by the California legislature. When necessary, we enforce the CC&Rs vigorously but always with an understanding that no two owners are alike and that the needs of each requires understanding without compromising the interests or the rights of their neighbors or the association as a whole.

Budget and Finance. The firm advises its common interest development and condominium association clients on the adequacy of reserve and operating budgets, points out the danger signs that can lead to underfunding, assists in preparing ballots for approval of special assessments, and counsels boards of directors on the budget disclosures that the board must provide to association members. We assist our clients in obtaining loans from various lending institutions and review and negotiate loan documents.

Election Law. Trained condominium association attorneys conduct elections, prepare the ballots and other election materials, determine quorum, eligibility, and election requirements, and provide expert legal opinions to address any challenge to an election that might arise.

Legal Issues. Our lawyers are skilled at writing contracts, demands, and communications with vendors as well as informational letters to homeowners. We attend board and special meetings; address questions and criticism directed by members; and provide status on any pending legal matter for the CID and condo boards and for the members at large. We draft opinion letters advising the directors and members on any of a wide range of legal issues that can impact the operations, structure, or fiscal health of a community association.

Professional Affiliations. We are members of ECHO, The Executive Council of Homeowners; CAI, The Community Associations Institute; CACM, The California Association of Community Managers, and other homeowner association trade groups. Our lawyers have drafted and negotiated common interest development legislation with various CID interest groups. We regularly speak at seminars, luncheons, and industry events. The attorneys in the firm have authored articles on almost every topic of interest to condominium and community association board members and owners and most of those can be viewed and downloaded on our Publications page.

Berding | Weil attorneys have very specific expertise available to assist condominium conversion associations. These condos were converted from old apartment houses, often of uncertain condition. Because of this, the problems of condo conversions can be unique and frequently involve misrepresentations by the converter about the condition of the buildings or the adequacy of the budget. Our condominium conversion lawyers are able to assist condo conversion associations in determining if their financial plan is adequate and whether they have a potential claim against the converters or sellers of the conversion project.

Claims for Construction Problems. Berding|Weil lawyers are expert in providing guidance to boards of directors to help them determine the condition of older buildings. We can recommend professional architectural and engineering consultants; construction companies; and other construction professionals who can inspect, analyze, and assess the condition of an older building. With this information we can determine if pre-sale repairs were properly done and analyze the adequacy of the association's budget. Where the converter's repairs were improper or inadequate, our experienced litigators can file the necessary claims on behalf of the association.

Budget and Reserve Claims. A condominium conversion is not just an old apartment building with new paint. It is also a new funding plan consisting of an operating and reserve budget and the necessary monthly homeowner assessments. Frequently we find that this plan is inadequate to properly care for and maintain these older buildings. Berding|Weil lawyers will compare the physical condition of the building's components to the provisions for their long-term maintenance and provide the board of directors with it's legal options when the converter has failed to provide an adequate budget. We have found that condo conversion budgets are frequently understated and underfunded in order to keep monthly assessments artificially low. We specialize in claims against converters who have misrepresented the budget and the monthly assessment necessary to properly maintain and repair the condominium buildings.

Mediation and Litigation. Our litigators are skilled at resolving claims on behalf of condominium conversion associations without the necessity of long litigation. We have many years of mediation experience arising from condo conversions, including preparation of claims, compiling necessary evidence, and working with boards of directors closely so that they understand the full range of settlement options available to them. If, however, mediation fails to achieve a fair resolution, we have the substantial experience necessary to litigate the matter to conclusion.

Legal Advice. Like all of our other community association clients, condominium conversion associations need practical, every day legal advice on how to run the association properly and efficiently. We consult on vendor contracts, CCR issues, board elections, and maintenance concerns. Our experienced community association lawyers can provide advice on these and many other legal and business questions that the board of directors might need.

Berding | Weil has successfully litigated hundreds of construction defect cases. Our expertise extends to design and construction claims for both residential and commercial properties. Our condo defect lawyers know buildings, literally from the ground up, which gives Berding | Weil a solid base for our construction defect and construction law practice. We help resolve construction defect disputes among owners, contractors, architects, and engineers before, during and after construction. While we are adept at negotiating disputes to satisfactory conclusions either directly or through experienced mediators, we also are well prepared to represent clients before administrative agencies, arbitration panels and to litigate in Federal and State courts.

Representing Building Owners. Our clients are typically community associations and owners of large commercial and residential buildings, as well as groups of owners of homes in single-family tracts. We counsel boards of directors, investors, and owners on maintenance and repair funding; building construction and repair contracts; construction loans; as well as representing them in any litigation that arises from the defective design or construction of their projects.

Years of Experience. Our construction defect attorneys are some of the most experienced in California. The firm brings three decades of experience in resolving real estate and construction disputes, whether in negotiation, formal litigation, or alternate dispute resolution. The firm's reputation is founded upon skill, experience, and a results-oriented approach. We are proud to be among the few firms in California to have actually tried complex construction defect cases to verdict.

Careful Case Preparation. Our building defect lawyers and analyst/investigators efficiently prepare cases for resolution. They review all of the appropriate legal theories and apply those that will bring the best result considering the liability of the various defendants. Our defect litigation teams are equipped to practice in all facets of complex construction litigation, contract disputes, delay claims, building products liability and negligence claims, as well as insurance coverage issues. The firm's construction defect lawyers coordinate all phases of a claim from determining the best venue, selecting experts, investigating facts, to trial preparation and trial.

Knowledge of All Types of Building Defects. Our cases include actions for building defects resulting from negligent construction or design practices relating to: soils and foundations; structures; weatherproofing, including siding, flashing and windows: defective mechanical or electrical systems; plumbing failures; building code violations; defective materials; and negligent inspection. The failure of these building components can result in water damage, dry rot, mold, foundation cracking, building subsidence and landslides.

Great Communication. The Berding | Weil construction defect lawyer who handles your case will be experienced in all of the serious and always frustrating construction problems which can effect a building owner. He or she will not only be expert in the facts and process of your particular case, they will explain it so that you will completely understand the basis for your claim.

Our Consumer Class Action group provides aggressive, cost effective solutions to resolving complex products liability cases. We specialize in the representation of consumers and property owners.

For more than 30 years, Berding | Weil has served the interests of the real estate and business communities with skill, knowledge, professional commitment and relationships built on trust. Our Commercial Real Estate Group has broad experience in virtually every facet of real property law. We handle transactions involving the selection, acquisition, documentation, use, zoning, development, management, leasing, and conveyance of land for a range of clients, including land and building owners, brokers, developers, and investors. Our litigation group litigates these and other real estate issues and a wide range of business disputes.

Trusts, Estates, and Counsel to Small Businesses.