Cases: Homeowner Associations

Fees Properly Declined To Victorious Defendant Where One Suing Plaintiff Was Not A Legal Entity And The Other Plaintiff Was Not Sued Individually–First District, Division 5 Affirms Refusal To Award Fees in a Unique Case.      In our category “Cases: Homeowner Associations,” we previously have canvassed decisions awarding attorney’s fees to either HOAs or homeowners

First District, Division Four and Second District, Division Two Uphold Two Fee Awards in Favor of HOAs.      One of the themes that emerges from our review of appellate decisions is how staggering and financially ruinous litigation can be if a litigant is on the short end of the “prevailing party” determination stick. Although sometimes

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