Cases: Homeowner Associations

Homeowner Association: $13,482.50 Fee Award To HOA Prevailing In Injunction Proceeding Affirmed On Appeal

Cases: Homeowner Associations

  HOA Practically Prevailed Even Though Eventually Dismissing Case Without Prejudice.      Homeowner in Sungate Country Owners Assn. v. Stephens, Case No. E055751 (4th Dist., Div. 2 May 28, 2014) (unpublished) may have thought he was safe from fee exposure after HOA dismissed its case without prejudice after winning a preliminary injunction relating to unauthorized […]

Appealability/Homeowner Associations/POOF!: Merits Reversal Also Meant Fee Award Went POOF! Even Though No Appeal From Fee Order Was Achieved

Cases: Appealability, Cases: Homeowner Associations, Cases: POOF!

  Important Nuance to Keep in Mind—Trial Court Directed to Vacate Fee Award.      Bel Air Glen Homeowners Assn., Inc. v. Dowlatshahi, Case No. B243549 (2d Dist., Div. 1 Mar. 5, 2014) (unpublished) has a Monty Pythonesque quality about it.      What happened was that an HOA Board of Directors got its directors’ collective hackles

Homeowner Associations: HOA Must Accept Partial Payment To Cure Delinquent Assessments Used For Judicial Foreclosure Of Delinquent Assessment Liens, With No Ability To Apply To Other Charges Like Attorney’s Fees And Costs

Cases: Homeowner Associations

  This One May Have Interesting Repercussions In HOA Lien Enforcement Actions.      Huntington Cont’l Town House Assn. v. JM Trust, 2014 Cal.App. LEXIS 41 (Orange County Superior Court Appellate Division) (Jan. 13, 2014) (published) is an interesting decision in the HOA assessment lien enforcement area. In essence, the superior court appellate division decided that

Cases Under Review/Homeowner Associations: California Supreme Court To Review Unpublished Tract 19051 HOA v. Kemp Decision

Cases: Cases Under Review, Cases: Homeowner Associations

  Issue Is Whether Prevailing Homeowner Entitled To Civil Code Section 1354 Fees When HOA Found Not To Be A CID.      On May 16, 2013, we posted on the unpublished Second District decision of Tract 19051 Homeowners Assn. v. Kemp, Case No. B235015 (2d Dist., Div. 4 May 15, 2013). In this decision, the

Homeowner Associations/POOF!: Fee Recovery To Defense Went POOF! When Appellate Court Determined No Common Interest Development Involved

Cases: Homeowner Associations, Cases: POOF!

       In many respects, Tract 19051 Homeowners Assn. v. Kemp, Case No. B235015 (2d Dist., Div. 4 May 15, 2013) (unpublished) was not a difficult decision once the liminal legal issue was decided. Because no common interest development was involved, a defense award of fees had to be overturned under Civil Code section 1354.

Fee Clause Interpretation/Homeowner Associations: HOA Not Entitled To Fee Recovery For Fiduciary Duty Victory Because Administration Of CC&Rs Fees Clause Doesn’t Cover Fiduciary Breach Claims

Cases: Fee Clause Interpretation, Cases: Homeowner Associations

       In Hoofman v. Pacific Crest Community Assn., Case No. B230036 (2d Dist., Div. 1 Apr. 16, 2013) (unpublished), an HOA won some breach of fiduciary claims against homeowners. However, they were denied fee recovery. The appellate court affirmed, finding that the win on the breach of fiduciary claims did not fall within the

Scroll to Top