Cases: Homeowner Associations

Homeowner Associations: Prevailing Party HOA Properly Granted Attorney’s Fees In A Renewed Motion Where The Initial Motion Was Denied Without Prejudice

Cases: Homeowner Associations

CCP § 1008 Reconsideration Principles Did Not Govern; $95,182.75 Was The Fees/Costs Award. In Westwood Village Condominium Assn. v. Allen, Case No. A169848 (1st Dist., Div. 5 Dec. 15, 2025) (unpublished), HOA sued homeowners over alleged CC&R noise, parking, and littering violations, with HOA determining at some point that defendants cured the violations.  Based on […]

Homeowner Associations: 4/3 DCA Upholds $401,918.50 Attorney’s Fees and $21,029.23 Costs Awards Against Defendant Homeowners For Breach Of CC&Rs, Trespass, And Nuisance Based On Performance Of Unapproved Demolition and Modifications Work  

Cases: Homeowner Associations

HOA Was Not Required To Submit To Alternative Dispute Resolution Before Filing Its Complaint Based On The Monetary Damages Claimed. After performing unauthorized modification and demolition work, Defendant homeowners in Tennis Villas at Monarch Beach Homeowners Assn. v. Ure, Case Nos. G063452/G063954 (4th Dist., Div. 3 October 21, 2025) (unpublished) were sued by their HOA

Homeowner Associations, Prevailing Party:  Defendants Voluntarily Dismissed From Plaintiff Neighbors’ Lawsuit Were Properly Denied Fees Under Civil Code Section 5975

Cases: Homeowner Associations, Cases: Prevailing Party

Reason: Plaintiffs Obtained HOA Enforcement Against Defendants Such That Defendants Were Not Prevailing Parties. Even when a plaintiff voluntarily dismisses a lawsuit, the defendant is not necessarily the prevailing party under the Davis-Sterling Act’s fee shifting statute—because that determination depends on the reason for the dismissal and an assessment of who obtained their litigation objectives.  Such

Homeowner Associations: After A Six-Year Litigation Battle, Santa Clara Superior Court Judge Awards $6 Million In Attorney’s Fees To Homeowners Against HOA

Cases: Homeowner Associations

One Of The Largest Awards We Have Seen In This Area.                Under this category, we frequently post on substantial awards to HOAs, substantial awards to homeowners, no awards to either, or partial awards to each which are either great, disappointing, or disastrous.  We now report on a recent result reported in the San Francisco

Homeowner Associations, Prevailing Party: Neighbors Getting Mixed Result In A Height Restriction Dispute Correctly Were Not Awarded Attorney’s Fees Under Davis-Stirling Act

Cases: Homeowner Associations, Cases: Prevailing Party

No Prevailing Party Determination Was No Abuse Of Discretion.                “Mixed results” is a real challenge for a litigant seeking fees under a contractual fees clause or a statutory fee-shifting basis, such as the Davis-Stirling Act.  The lower court in Drohan v. Newcombe, Case Nos. C097894 et al. (3d Dist. July 18, 2025) (unpublished) decided that

Homeowner Associations, Lodestar, Reasonableness Of Fees: $125,000 Attorney’s Fees Award To Plaintiff Adjacent Property Owner For HOA Encroaching On His Easement Was Affirmed On Appeal

Cases: Homeowner Associations, Cases: Lodestar, Cases: Reasonableness of Fees

Both Sides Appealed The Fee Award, But It Was Affirmed In Entirety.                After an adjacent property owner and HOA settled an easement dispute in which $350,000 was paid to plaintiff, an attorney’s fees motion based on the settlement agreement contractual fees clause was partially granted in plaintiff’s favor.  Plaintiff moved for $164,258.50 in fees,

Homeowner Associations, SLAPP: $6,300 SLAPP Fee Award In HOA’s Favor Affirmed On Appeal

Cases: Homeowner Associations, Cases: SLAPP

Main Reason Is That Homeowner Did Not Oppose the Fee Request, So Waiver Occurred.                In Trabuco Highlands Community Assn. v. Loeffler, Case No. G063862 (4th Dist., Div. 3 July 1, 2025) (unpublished), HOA SLAPPed a state collection statutory action brought by a homeowner, with the lower court awarding mandatory SLAPP fees of $6,300 to

Homeowner Associations, Prevailing Party: Homeowner’s Voluntary Dismissal Of HOA Without Prejudice Did Entitle HOA To Attorney’s Fees Under The Davis-Stirling Act Fee Shifting Provision

Cases: Homeowner Associations, Cases: Prevailing Party

$148,142.26 Was The Fee/Costs Award Against Homeowner, Affirmed On Appeal.                We frequently have posted on homeowner-HOA disputes.  They are contentious.  However, whoever prevails—and that can be a discretionary call—or if no one prevails can be a game changer in these disputes, much to the chagrin of one side or both sides.                Jennings v.

Homeowner Associations, Prevailing Party: Where Homeowners Prevailed On Two Claims And HOA Prevailed On A Declaratory Relief Claim, Results Were Mixed ….

Cases: Homeowner Associations, Cases: Prevailing Party

The Result Was That HOA Was Not Entitled To Prevailing Party Attorney’s Fees.                “Prevailing party” determinations, frequently, depend on whether a trial judge believes a litigant truly met its litigation objectives.  Generally, if a result is a “mixed” good/bad result, the litigant does not obtain attorney’s fees under a fee-shifting statute.  That conclusion resonated

Homeowner Associations: Complaint Allegations And Discovery Responses Revealed That Losing Plaintiffs’ Claims Were Based Partially On CC&Rs

Cases: Homeowner Associations

This Meant That Fees Were Recoverable By The HOA Under The Davis-Stirling Act Fee Shifting Provision.                In Smith v. Bridle Path Homeowners Association, Inc., Case No. B331987 (2d Dist., Div. 6 May 21, 2025) (unpublished), plaintiffs owning homes in a Simi Valley planned equestrian community sued an HOA for deciding to not maintain certain

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