Condo Buildings Too Far Gone

Speaker: Tyler Berding, Berding & Weil, LLP

Principal and Founding Partner  

Wednesday, May 15, 2019 6:00 p.m.

Scott’s, Jack London Square #2, Broadway, Oakland, CA 94607

A short ferry ride from Downtown San Francisco

12 Blocks to Bart-Antioch-Milbrae
Richmond-Daly City, Warm Springs!
Secure Garage or Street Parking Available
Remember: Conceal your valuable possessions! 

If registering after the Monday before the meeting, please call Maria at (916) 485-6350 to register. Registrations after the Monday before the meeting and walk-ins will be assessed an additional $10 charge, have no guarantee of a meal choice, and given a white meal ticket.  

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Meeting Agenda: 

6:00 p.m. - Registration, Bar Opens, Networking

6:30 p.m. - Dinner and Announcements 

7:15 p.m. - Presentation Begins 

8:30 p.m. - Adjourn 

*Please Note: You will be asked to include your AIA number in your registration if you would like to receive points. In order to receive AIA credits, you must sign in on the sign in sheet provided at the dinner meeting.

Dinner Meeting Sponsor

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About This Meeting:

Unlike investor-owned buildings, condominiums rely entirely on a funding model of individual owner assessments for maintenance and repair. The law requires that portions of these assessments be sequestered in a reserve fund for future repairs. We have represented community associations for forty years and for at least the last twenty-five years we have compiled data that shows many reserve funds are substantially underfunded for repair of reserve line item components. This problem is made worse when previously undetected damage is discovered. This situation is sometimes solved through special assessments or bank loans, but some associations are reaching the point where adequate funding is no longer available from any source. As funding diminishes, repairs are minimized, and the condition of the buildings deteriorates eventually reaching a point where continued habitability is questionable.  

The design professional, reserve analyst, or reconstruction expert faces these issues every time they survey an older condominium building and catalogue the necessary repairs. Prioritizing repairs based on available funding and where critical structures cannot be properly repaired, the question of obsolescence arises. How does the professional advise the owners of these conditions, and what recommendations can they provide? At what point does obsolescence make further repairs futile and what alternatives are available to the owners?  

This presentation is based on forty years of representing community associations and compiling data on their condition and the condition of their funding. It is based twenty five years of writing about this topic and representing communities approaching obsolescence in my practice. It is also based on my knowledge of the fiduciary responsibilities that Boards of Directors and community manager have to sustain the property over time for the benefit of future owners.

  Learning Objectives:  

1. The funding and maintenance obligations of a condominium association and how that is different than apartments and other investment properties.

  2. How to recognize condominium building obsolescence and what causes it.  

3. Understanding the options available for a project which is nearing obsolescence. 

If registering after the Monday before the meeting, please call Maria at (916) 485-6350 to register. Registrations after the Monday before the meeting and walk-ins will be assessed an additional $10 charge, have no guarantee of a meal choice, and given a white meal ticket.  

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About Our Speaker

Tyler Berding, founding partner of Berding & Weil LLP, has represented the commercial and residential real estate industry since 1974.

Mr. Berding's firm has represented over 2000 community associations in the past 40 years. He has drafted legislation affecting common interest developments. He has frequently testified before legislative committees and served as a member of the California Department of Real Estate's Task Force on Common Interest Developments.

 Mr. Berding is a member of the American Bar Association Forum on the Construction Industry, the State Bar of California and the Common Interest Development Subsection of the State Bar's Real Property Section, the Foundation for Community Association Research, and Consumer Attorneys of California. Mr. Berding is a member of, and frequently speaks before, such community association organizations as the Executive Council of Homeowners (ECHO), Community Associations Institute (CAl) and the California Association of Community Managers.

He served as a member of both the Board of Directors of ECHO and its Legal Resource Panel, was chair of ECHO's Legislative Committee for nine years, and served as President for five years. He was one of the original twenty faculty members in the State for the California Association of Community Managers (CACM) providing certification courses for managers. He is a past member of CACM's Legal Advisory Committee, has been Review Editor of the organization's Law Review, and served as legal adviser to CACM's Legislative Committee.

Mr. Berding has, every year for 30 years, been awarded an "AV" rating by Martindale-Hubbell, a national attorney rating service. It is their highest rating. He has also been selected as a "SuperLawyer" every year since 2006, and recognized as a Top Northern California Lawyer by San Francisco Magazine.  

Westcon holds a joint meeting with the American Society of Civil Engineers in April

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New!

• Are you a Westcon member bringing a guest who is applying for Westcon membership? Call our office to get your special registration price for this meeting!

• Don't Forget! You can now sponsor a student to attend our dinner meetings (when you register)!