Cases: Homeowner Associations – Page 16

Homeowner Associations: Interveners In CC&R Interpretive Dispute Are Entitled To Fee Recovery As Prevailing Parties Under Civil Code Section 1354

February 10, 2010

Fourth District, Division 3 Finds No Contractual Basis For Award, But Does Find a Statutory Basis. In an interesting first impression issue, the Fourth District, Division 3—in Renezeder v. Emerald Bay Community Assn., Case Nos. G040657 & G041353 (4th Dist., Div. 3 Feb. 8, 2010) (unpublished)—determined that winning interveners in a CC&R dispute […]

Arbitration: Homeowner Association’s Failure to Show it Requested Homeowner to Arbitrate Under CC&R Provision and that Homeowner Refused to Arbitrate Results in Denial of Petition to Arbitrate and Overturning of Fees Award.

January 28, 2010

Code of Civil Procedure Section 1281.2 Is Interpreted to Require a Party Seeking to Compel Arbitration to Plead and Prove a Prior Demand for Arbitration Under the Parties’ Arbitration Agreement and a Refusal to Arbitrate Thereunder. In the next case, Homeowner Association successfully petitioned to arbitrate a dispute with a homeowner, only to have the

Reasonableness Of Fees: Winning HOA Unit Owners Obtain $238,426 In Attorney’s Fees, But Fail At Obtaining $62,056 More

Cases: Homeowner Associations, Cases: Reasonableness of Fees

January 20, 2010

Court of Appeal Likes Reasoned Deductions Made by Trial Court. This next case might be put in the category “quit while you are ahead” as far as challenging the reasonableness of an attorney’s fees award, especially when you are asking for an increase to an already substantial award. Defendant unit owners in an

Homeowner Associations: Ouch!—Condo Owner Stung With $238,000 Fees/Costs Award After Losing Contentious Battle Over Using Disputed Floor Tile In Unit

Cases: Homeowner Associations, Cases: Reasonableness of Fees

December 9, 2009

Fourth District, Division 1 Finds Award Disproportionate At First Glance, But Affirms Based Upon Total Review of the Litigation Below. Homeowner-homeowner association battles can be very, very contentious and expensive for the losing side—as the next homeowner learned, in a dispute over the floor covering in his condominium unit. McGuire v. 235

Homeowner Associations: $316,109.99 Fee Award Against Condominium Homeowner Sustained On Appeal

Cases: Homeowner Associations

November 14, 2009

Fourth District, Division 1 Finds Homeowner Did Not Prevail, But HOA Was Entitled to Fee Recovery. Without meaning to be preachy, we have on numerous occasions—in line with our Mission Statement—reminded readers that litigation happiness or sadness often times boils down to who recovers or who gets socked with fees at the end of

Homeowners Associations: Fourth District, Division 3 Affirms Fee Awards Totaling $188,000 To The Chagrin Of Losing Homeowner

Cases: Homeowner Associations

September 11, 2009

Presiding Justice Sills Sustains Fee Awards on Behalf of 3-0 Panel. If one is prone to read lots of appellate opinions (as we are), distinctive styles come through by various appellate justices authoring the cases assigned to them. That happens to be the case in the next decision we review—Presiding Justice Sills, the author,

Homeowner Associations: Two Neighbors Duke It Out—One Neighbor Finally Prevails On Appeal, Meaning A Prior Denial of Fees Was Erroneous

Cases: Homeowner Associations, Cases: Prevailing Party, Cases: Section 1717

June 25, 2009

Fourth District, Division 3 Remands for Fee Redetermination in “Acrid Dispute Between Neighbors.” Disputes between homeowner associations and members or neighbors in a common interest subdivision seem to result in overboilings of emotions and (ultimately) litigation resources. Many times, the final result—where both sides seek to recoup hefty attorney’s fees—results in a “wash,” with

Homeowner Associations: Losing Condo Homeowners Associations Not Subject To Fee Exposure When Losing Action Against Past Board Member Defendants

Cases: Estoppel, Cases: Homeowner Associations, Cases: Section 1717

June 16, 2009

Purchase Agreement Fees Clause Did Not Apply Because Plaintiff Was Not A Condo Buyer. One of the first rules of fee entitlement is that you need a contractual or statutory basis to trump the American Rule that each sides bears its own attorney’s fees in a case. That principle sunk the winning defendants’ request

Special Fee Shifting Provisions: Financial Condition Of Indigent Litigant Is A Factor To Consider

Cases: Homeowner Associations, Cases: Special Fee Shifting Statutes

May 28, 2009

Second District, Seven 7 So Holds Under Civil Code Section 1354(c), But Splinters Badly in the Process. We all know that fundamental access to the courts is more than just rhetoric; it is a bulwark of our whole legal system. This principle took “front and center” importance in the next case, where entitlement to

Homeowners Associations: Martin v. Bridgeport Community Assn. Decision Certified For Publication

Cases: Homeowner Associations

May 7, 2009

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.