Cases: Homeowner Associations

Homeowner Associations, Lodestar, Reasonableness Of Fees: $125,000 Attorney’s Fees Award To Plaintiff Adjacent Property Owner For HOA Encroaching On His Easement Was Affirmed On Appeal

Cases: Homeowner Associations, Cases: Lodestar, Cases: Reasonableness of Fees

Both Sides Appealed The Fee Award, But It Was Affirmed In Entirety.                After an adjacent property owner and HOA settled an easement dispute in which $350,000 was paid to plaintiff, an attorney’s fees motion based on the settlement agreement contractual fees clause was partially granted in plaintiff’s favor.  Plaintiff moved for $164,258.50 in fees, […]

Homeowner Associations, SLAPP: $6,300 SLAPP Fee Award In HOA’s Favor Affirmed On Appeal

Cases: Homeowner Associations, Cases: SLAPP

Main Reason Is That Homeowner Did Not Oppose the Fee Request, So Waiver Occurred.                In Trabuco Highlands Community Assn. v. Loeffler, Case No. G063862 (4th Dist., Div. 3 July 1, 2025) (unpublished), HOA SLAPPed a state collection statutory action brought by a homeowner, with the lower court awarding mandatory SLAPP fees of $6,300 to

Homeowner Associations, Prevailing Party: Homeowner’s Voluntary Dismissal Of HOA Without Prejudice Did Entitle HOA To Attorney’s Fees Under The Davis-Stirling Act Fee Shifting Provision

Cases: Homeowner Associations, Cases: Prevailing Party

$148,142.26 Was The Fee/Costs Award Against Homeowner, Affirmed On Appeal.                We frequently have posted on homeowner-HOA disputes.  They are contentious.  However, whoever prevails—and that can be a discretionary call—or if no one prevails can be a game changer in these disputes, much to the chagrin of one side or both sides.                Jennings v.

Homeowner Associations, Prevailing Party: Where Homeowners Prevailed On Two Claims And HOA Prevailed On A Declaratory Relief Claim, Results Were Mixed ….

Cases: Homeowner Associations, Cases: Prevailing Party

The Result Was That HOA Was Not Entitled To Prevailing Party Attorney’s Fees.                “Prevailing party” determinations, frequently, depend on whether a trial judge believes a litigant truly met its litigation objectives.  Generally, if a result is a “mixed” good/bad result, the litigant does not obtain attorney’s fees under a fee-shifting statute.  That conclusion resonated

Homeowner Associations: Complaint Allegations And Discovery Responses Revealed That Losing Plaintiffs’ Claims Were Based Partially On CC&Rs

Cases: Homeowner Associations

This Meant That Fees Were Recoverable By The HOA Under The Davis-Stirling Act Fee Shifting Provision.                In Smith v. Bridle Path Homeowners Association, Inc., Case No. B331987 (2d Dist., Div. 6 May 21, 2025) (unpublished), plaintiffs owning homes in a Simi Valley planned equestrian community sued an HOA for deciding to not maintain certain

Homeowner Associations: HOA/Affiliated Defendants Properly Awarded $81,083 In Fees Under The Davis-Stirling Act After Plaintiff Voluntarily Dismissed Her Suit

Cases: Homeowner Associations

Defense SLAPP Fees, Although SLAPP Grant Was Reversed, Were A Proper Element In The End, Because Litigation Sometimes Involves Unsuccessful Efforts—Giving Trial Judges Discretion On Whether to Award Fees For Those Efforts.                In Mondragon v. Bergmann, Case No. B335486 (2d Dist., Div. 3 Apr. 30, 2025) (unpublished), plaintiff suing a homeowner’s association and related

Homeowner Associations, Prevailing Party: HOA Owner Properly Denied Attorney’s Fees Because HOA Dismissed Complaint Against Him After Defeating Cross-Claims, So No One Technically Prevailed

Cases: Homeowner Associations, Cases: Prevailing Party

HOA Did Get Prior SLAPP Fees For SLAPPing HOA Owner’s Cross-Complaint.                Loma Linda Homeowners Assn. v. Aquino, Case No. D085390 (4th Dist., Div. 1 Apr. 22, 2025) (unpublished) is a study on how lower and appellate courts “do justice,” within the confines of legal principles, in HOA owner and HOA disputes.  They are ugly,

Homeowner Associations: Neighbors In A Tort Dispute Over Cutting Of Shrubs For A Better View Got Mixed Results—Prevailing Plaintiffs Were Properly Denied Attorney’s Fees Under The Davis-Stirling Act, But Were Entitled To Routine Costs For Winning

Cases: Homeowner Associations

Plaintiffs’ Pleadings Showed They Were Not Suing To Enforce Governing CC&Rs.                We have done many posts over the years on homeowner disputes, some involving HOAs-homeowners and some just between homeowners.  With respect to many HOA disputes, there is a Davis-Stirling Act fee shifting provision which allows the prevailing party in a dispute to enforce

Homeowner Associations, Prevailing Party: 4/1 DCA Affirms Prevailing Party Status And $48,229.08 Attorney Fees Award To HOA That Filed Successful Demurrer And Was Dismissed From Action With Prejudice

Cases: Homeowner Associations, Cases: Prevailing Party

HOA Pragmatically Achieved Prevailing Party Status By Achieving Its Litigation Objectives Through Its Successful Demurrer And Dismissal From The Case                 Homeowners alleging their upstairs neighbors had created a nuisance with improperly installed floors filed a lawsuit against their HOA and others in Haidet v. Del Mar Woods Homeowners Assn., Case No. D082923

Homeowner Associations: One Homeowner And HOA Properly Awarded A Grand Total Of $460,573.95 In Condo Noise Dispute Where Neither Party Won Their Arbitration Claims

Cases: Homeowner Associations

However, Arbitrator Determined One Homeowner And HOA Prevailed, Hence The Awards.                In this category, we have posted on many homeowner disputes where one side prevailed and obtained substantial fee awards under CC&Rs and the Davis-Stirling Act’s fee-shifting statute.  We also have posted on where both sides went away empty on fees because an arbitrator

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