KO for HOA.
Boy, have we told you that homeowner associations or homeowners can belly ache about fee awards to a prevailing party under Civil Code section 1354(c) [fee shifting statute applicable to enforcement of CC&Rs] or Civil Code section 1717 [fee shifting clause applicable to contractual fee clauses].
Well, homeowner got the losing end of the stick in Noxsel v. Boquet Estates Owners Assn., Case No. E053305 (4th Dist., Div. 1 Mar. 8 2013) (unpublished).
In this one, HOA disputed homeowner’s right to rent 59 garages to outsiders rather than only HOA members. The lower court found against the homeowner and then hit him with $82,272 in attorney’s fees, payable to HOA.
On appeal, no different result. HOA did prevail, winning $25,254 in unpaid assessments and also prevailed on an injunction request enjoining homeowner from selling garage units to outsiders. So, in the end, a win for the HOA.