Cases: Homeowner Associations

Fourth District, Division Three Remands $522,216 Fee Award For Recalculation, Rebuffs Homeowners’ Attempt to Have Lower Court Ignore Overbilling/Inefficiency Reductions, and Refuses To Allow Award of Nonstatutory Costs.      Palm trees are certainly a common vista around Southern California. They also generate frequent litigation in common interest developments, where homeowners battle each other or the […]

Court of Appeal Affirms Denial of Fee Request under Civil Code section 1354.             Section 1354 of the Davis-Sterling Common Interest Development Act, Civil Code section 1354(d), provides that the prevailing party shall be awarded attorney’s fees in an action to enforce the governing documents (usually, CC&Rs).  Because the statute contains no

Fourth District, Division Three Sustains Fee Award Against Nonvictorious Homeowner Under Civil Code section 1354(c).             Civil Code section 1354(c) provides:  “In an action to enforce the governing documents [such as homeowner association CC&Rs], the prevailing party shall be awarded reasonable attorney’s fees and costs.”  Because statutory provisions present issues of law

Second District, Division Eight Certifies HOA Association Opinion In The Churchill Condominium Assn. For Publication.             In our July 24, 2008 post,  we discussed Ritter & Ritter, Inc. v. The Churchill Condominium Assn., a 2-1 Second District, Division Eight decision with a dissent by Justice Rubin.  The decision was unpublished at the

Fourth District, Division 3 Affirms Trial Court’s Finding That Neither Homeowner Nor HOA Prevailed for Purposes of Obtaining a Fee or Cost Award.             In a previous post (see May 17, 2008 post), we commented on how homeowner-homeowner association (HOA) disputes can be costly and can be financially devastating to the losing

Fourth District, Division One San Diego Appellate Court Affirms $127,000 Trial Costs/Fee Award Against Losing Homeowner—And Assesses Appellate Costs Against the Homeowner.             As Voltaire has been cited as saying, “I have only been ruined twice in my life.  Once, when I sued and won.  The other, when I sued and lost.”