Cases: Homeowner Associations

Homeowner Associations: Decades Long Dispute, Resolved On Statute Of Limitations Grounds, Is Affirmed Against Homeowner On Appeal In Favor Of HOA

Cases: Homeowner Associations

Gist Of The Suit Involved CC&Rs, So $38,595 Fee Award To HOA Was Proper. We have posted on many homeowner associations/homeowner disputes.  They can be heartbreaking for each side, sometimes because no one is the prevailing party such that substantial attorney’s fees are eaten by both parties.  In the next case, it was resolved through

Homeowner Associations, Prevailing Party: Why Published? Because The Opinion Established That Generic Prevailing Party Statement In A Judgment Does Not Establish Fee Entitlement

Cases: Homeowner Associations, Cases: Prevailing Party

That Determination Depends On A Future Fee Motion On Whether Entitlement Is Established—Not So, Ultimately In This Case. In WCST Enterprises, LLC v. Ling, Case No. G065236 (4th Dist., Div. 3 Sept. 28, 2026) (published), the dispute involved neighbors quarreling over the rights to a parking space in a condominium complex—but essentially was a quiet

Allocation, Costs, Homeowner Associations, Prevailing Party On Appeal:  HOA Was The Prevailing Party For Appellate Costs And Fees

Cases: Allocation, Cases: Costs, Cases: Homeowner Associations, Cases: Prevailing Party

. . . But Fees Had To Be Allocated To Only Successful Claims Because Opponent Prevailed On Some Issues. The Colony at Cal. Oaks HOA v. Majestic Asset Mgt., LLC, Case No. D083140 (4th Dist., Div. 1 June 18, 2026) (unpublished) was an HOA versus certain member dispute involving a golf course.  The case, on

Homeowner Associations:  $816,260.08 Fee/Costs Award Under Davis-Stirling Act Fee Shifting Provision Affirmed On Appeal In HOA’s/Affiliates’ Favor

Cases: Homeowner Associations

Case Shows How These Disputes Can Be Heartbreaking For Either Side. Burnside v. 1545 Broadway Homeowners Assn., Case No. A171368 et al. (1st Dist., Div. 2 Apr. 28, 2026) (unpublished) shows how HOA-homeowners cases, with respect to fee and costs recovery by a victory, echo the famous sports retort “the thrill of victory and the

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

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