Second District, Division 7 HOA Decision Is Now on the Books!
On April 7, 2009, we reported on the HOA decision of Martin v. Bridgeport Community Association, Inc., Case No. B206686 (2d Dist., Div. 7). At the time, it was unpublished. However, on May 6, 2009, the Court of Appeal certified it for publication. As relevant to our blog, the appellate court affirmed an attorney’s fees award in favor of the prevailing HOA to the tune of $29,371.39 against losing plaintiffs—even where they did not have standing under the relevant CC&Rs. Civil Code section 1354(c) still authorizes an award in favor of the prevailing party, even in these instances.