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


And Here's The Yummy Part

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

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


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?


Anyone who would like to add to this list is welcome to contact us.


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Moxi Posner's Criminal Past

Moxi Posner, also known as Lois Posner, has been very active within the Edgewater Isle community for years. She has been an outspoken advocate for her own various causes, and has appeared in at least two local newspaper articles.

While describing herself as a "homeowner and realtor advocate," Posner has a more colorful background: Posner has 5 criminal convictions for theft, 2 restraining orders against her, and this event that was previously discussed here.

Posner's five convictions in San Mateo County run from 1992 - 2007. It was between criminal convictions in 2006 that she was issued the first restraining order against her from a next-door neighbor. The facts are here.

Get Help with Your HOA Problem

The California Attorney General may be able to help you with your HOA problem. See what they can and cannot do.