Cases: Homeowner Associations

Homeowner Associations, POOF!: In A Case Involving Two Homeowners, 4/1 DCA’s Majority Opinion Struck An Attorney’s Fees Award Completely Because It Was Premature And Plaintiff Was Not The Prevailing Party

Cases: Homeowner Associations, Cases: POOF!

Dissent Disagreed, Wanting To Remand The Matter For Determining A Reasonable Fee Award–$138,875 In Fees Went POOF! Based On The Majority Opinion. In an interesting 2-1 decision, the 4/1 DCA in Senseman v. Mimi Real Properties, Case No. D084658 (4th Dist., Div. 1 Mar. 26, 2026) (unpublished) affirmed a merits determination but struck a $138,875 […]

Arbitration, Homeowner Associations: Given That Homeowner Claims Arose From Governing Documents, An Adverse $254,815.53 Fee/Costs Award Was Affirmed After HOA Prevailed At An Arbitration

Cases: Arbitration, Cases: Homeowner Associations

A Broad By-Law Fees/Cost Clause, The Davis-Stirling Act, And JAMS Cost Provision Amply Justified The Arbitration Award Which Was Confirmed As A Judgment. The next post illustrates a familiar ending story in many homeowner-HOA disputes, whether brough in court or in arbitration:  a prevailing party will face the prospect of obtaining substantial recoupment of attorney’s

Allocation, Fees On Fees, Homeowner Associations, Reasonableness Of Fees, Section 1717: Defendant Homeowners Prevailing On Deck/Gazebo Construction Dispute Were Properly Awarded A Total Of $615,118.37 In Fees And Costs

Cases: Allocation, Cases: Fees on Fees, Cases: Homeowner Associations, Cases: Reasonableness of Fees, Cases: Section 1717

CC&R And Nuisance Claims Were Intertwined, So No Apportionment Required, And Fee Excessive Claims Were Not Supported By Record Citations. Finley v. Gantz, Case No. D084145 (4th Dist., Div. 1 Feb. 6, 2026) (unpublished) reinforces a message we have refrained in the past: homeowner disputes can be expensive for the losing side, which will allow

Allocation, Homeowner Associations, Lodestar: Plaintiff Replacement Trustee Losing Condo Fire Repair Lawsuit Under Governing Documents And Interrelated Tort Claims Properly Assessed With Attorney’s Fees In Favor Of HOA And Condo Manager

Cases: Allocation, Cases: Homeowner Associations, Cases: Lodestar

$102,547.50 Was The Award, With No Apportionment Necessary And With It Being Reasonable In Nature. LaPay v. The Fairways Homeowner’s Assn., Case No. E082827 (4th Dist., Div. 2 Jan. 23, 2026) (unpublished) is a case showing how an HOA acted reasonably in making fire-related damage repairs when it could not locate an owner and demonstrating

Homeowner Associations, Lodestar: $52,076 Fee Award To Prevailing Homeowner In Director Election Challenge Is Affirmed On Appeal

Cases: Homeowner Associations, Cases: Lodestar

Lack Of Reporter’s Transcript Meant There Was An Inadequate Record, But The Lower Court Correctly Applied Lodestar Principles In Fashioning An Award. Plaintiff homeowner successfully challenged an HOA board of directors election in Cruschen v. Annandale Townhouse Assn., Case No. B341189 (2d Dist., Div. 5 Dec. 24, 2025) (unpublished), although not winning some of his

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

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