HOA Paid Berding | Weil $14,890 to Deny A Homeowner Access to Records

See Berding | Weil Attorney Totally Rebuked in the End


Here we have another example of a homeowner making a request for association documents, being ignored by the board of directors, and then Berding | Weil sticking their big nose into a homeowner's business and deny that homeowner their lawful access to those records. SHAME!


homeowner asks for access to association accounting books and records

homeowner asks for access to association records

 

Association Thumbs Nose at Homeowner

But of course, the homeowners association makes their usual attempt at thwarting the homeowner. The HOA, on the advice of Berding | Weil in a "privileged and confidential" letter, attempted to move the matter out of Small Claims Court and into Superior Court.

Why? So ther lawyers, Berding | Weil could drag themselves into the melee and make more moolah?

 

Sun City Roseville HOA denies a member's request for association records

 

Berding | Weil tries to move a small claims suit to superior court

Note to Berding | Weil: Your client waived privilege. Don't even try.

 

And Here's The Yummy Part

The judge smacks Berding | Weil attorney Sandra Bonato's arguments into last week. Bubbye.

There is nothing in Civil Code Section 1365.2 that gives the HOA the authority to decide what degree of specificity or detail in the records that must be turned over.

 

 

And How Much Did Berding | Weil Charge?

The answer is in this letter:

homeowner files small claims case because

 

It's right there --

Wow. Great for the billable hours, huh, B | W? As for the homeowners in the HOAs, not so great.

Why do lawyers do this when it's clearly in the bylaws of most if not all HOAs, and it's clearly spelled out in California Civil Code. Do you think it's to make money?