For every problem or situation, there is often many possible answers. Sometimes a solution can be very simple, and other times it requires creative and resourceful thinking. At Wasserman • Kornheiser LLP, we pride ourselves in identifying and providing innovative answers and options to complex legal issues We make every effort to find win-win solutions.
At Wasserman • Kornheiser LLP, we are committed to returning telephone calls and e-mail messages within 24 hours. We make a point of being readily accessible to our clients for quick and decisive answers. We make every effort to remain available to our clients for staff meetings, board meetings and teleconferences on an "as needed" basis and upon short notice.
The foundation of our responsiveness and innovation at Wasserman • Kornheiser LLP, is based upon well over sixty years of combined experience. Each of our attorneys and paralegals enjoy a strong background in homeowners association representation and needs. Our emphasis is on transactional business, debt collection, architectural review, CC&R interpretation and enforcement and non-litigious resolution of construction issues.
Patricia Beaver
"Trish" began as a law clerk with WK and became our newest associate attorney Trish earned a B.A. in Political Science from the University of Washington and graduated magna cum laude from Thomas Jefferson School of Law in 2007. Trish's main focus is in the areas of governing document interpretation and enforcement, delinquent account collection, and dispute resolution.
Craig L. Combs
Craig heads up the litigation department at WK. He is adept at all levels of dispute resolution and has extensive experience in governing document interpretation, enforcement and creation. Craig also oversees firm personal collection actions and judicial foreclosures
Tonya Garewal
Tonya serves a dual role as a firm Paralegal and as Office Manager at Wasserman Kornheiser. Ms. Garewal formerly worked in Criminal Law in Northern California for 11 years. She joined WK in 2005 and has demonstrated great skills not only with common interest development issues but also as a valued team leader and problem solver.
Matthew Kerr
"Matt" Is a paralegal at Wasserman Kornheiser. Mr. Kerr is a graduate of the University of California San Diego and the University of San Diego Paralegal Program. Mr. Kerr has been with Wasserman Kornheiser since 2007. Matt will be off to law school soon.
Alexis Leyva
Alexis is a graduate of UC San Diego.She joined Wasserman∙ Kornheiser in 2009 after receiving her paralegal certificate from the University of San Diego. Alexis has displayed considerable skills in the creation, revision and interpretation of governing documents and is a welcome addition to our staff.
General Counsel Services
Wasserman • Kornheiser LLP routinely offers corporate general counsel legal services to all types of residential and commercial associations (including conversions). We provide virtually any and all services required of a common interest development including but not limited to creation, revision, interpretation and enforcement of CC&Rs, Bylaws, Rules and Regulations and Architectural Guidelines; alternative dispute resolution; Board consultations; opinion letters; annual elections; disciplinary hearings; construction issues within SB 800; FHA and VA certifications, renewals and qualifications; and a full range of collection services.
Delinquent Assessment Recovery
Wasserman • Kornheiser LLP is pleased to offer many different programs for the collection/recovery of delinquent assessment fees. The first program is entitled "No-Fee Collection Services Agreement." The "No-Fee" program is "contingency fee" based, where only the costs (excluding attorneys' fees) will pass through to the Association as a reimbursable expense. Another Program is called "Fee Collection Services Agreement." The "Fee" program is based upon a combination of hourly and scheduled rates for services and is typically less expensive than collection charges connected with the "No-Fee" program. Under the Fee program all fees and costs are, however, immediately due and owing from the association. Even though we are a midsize firm we still remain flexible enough to tailor needs and programs to fit the needs of each association or its management.
Personal Collection Actions
A unique attribute of assessment fee collection is that it can be conducted simultaneously against both the person (the current and/or prior owner) and/or the property. We have in our enforcement arsenal tools such as non-judicial foreclosure, judicial foreclosure; and personal collection actions initiated by instituting a lawsuit directly against the owner(s). With little or no equity in a property an owner may not feel threatened by the threat of foreclosure (and a former homeowner will feel no pressure at all). However we have found that delinquent owners become very uncomfortable when they are served with a summons odering them to appear in court and a complaint, requiring them to hire an attorney, have their wages garnished (along with the accompanying embarrassment of having a wage garnishment order served upon their employer), having their bank accounts levied upon, or being called into court for judgment debtors examinations. None of this could otherwise be accomplished under a traditional foreclosure action. Wasserman Kornheiser has developed an efficient personal collection action procedure, and we have successfully prosecuted hundreds of these lawsuits recovering not only the principal delinquent balance, but attorneys' fees, costs and interest as well.
THE CID TEN COMMANDMENTS
By: Gary Wasserman
I.
The Board shall maintain, preserve, protect and with the approval of members enhance
the Common Area
II.
The association shall adequately insure the common area against perils and liability
and secure proper D&O coverage
III.
The Board shall maintain accurate books and records and obey formalities with respect to review, preparation, distribution and access to association records
IV.
The Board shall not impose excessive assessments
which are unnecessary for the purpose levied
V.
The Board shall institute uniform assessment fee collection policies and comply with all laws and regulations related thereto
VI.
The Association shall pay bills, notes and other indebtedness in a timely fashion
VII.
The Board and Architectural Review Committee shall seek compliance from all Separate Interests and those who dwell within, and enforce the spirit of the Declaration against those who may violate its reasonable word
VIII.
The Board shall conduct open meetings and provide adequate notice to Members so that all who dwell within may attend
IX.
The Association shall not encourage, condone or participate
in discriminatory conduct
X.
If a dispute arises and a reasonable solution cannot be reached amicably, all shall answer to a higher power in the form of (1) Alternative Dispute Resolution,
(2) Arbitration, and only lastly, (3) Litigation
WASSERMAN • KORNHEISER LLP
Attorneys at Law | e-mail to | info_wk4law.com
Tel: + 858 505 9500 Fax: + 858 505 9511
7955 Raytheon Rd, | San Diego | CA | 92111
WASSERMAN • KORNHEISER LLP | Attorneys at Law | e-mail to: info_wk4law.com | (858) 505-9500 | 7955 Raytheon Rd. | San Diego | CA | 92111
