Cases: Homeowner Associations

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               In Smith v. Bridle Path Homeowners Association, Inc., Case No. B331987 (2d Dist., Div. 6 May 21, 2025) (unpublished), plaintiffs owning homes in a Simi Valley planned equestrian community sued an HOA for deciding to not maintain certain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                In Mondragon v. Bergmann, Case No. B335486 (2d Dist., Div. 3 Apr. 30, 2025) (unpublished), plaintiff suing a homeowner’s association and related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

Homeowner Associations, Prevailing Party: Homeowner Only Achieving Marginal Success, But Not Removing Quorum Requirements Or Board Member Removals, Was Not A Pragmatic Prevailing Party

Cases: Homeowner Associations, Cases: Prevailing Party

Davis-Stirling Act And CC&R Provisions Did Not Require A Fee Award To Homeowner.                In Mays v. Oakview Homeowners Assn., Case Nos. D083707 et al. (4th Dist., Div. 1 June 17, 2024) (unpublished), homeowner received a fairly limited mandate win to direct the HOA to conduct an election to replace board directors whose terms had

Homeowner Associations: $156,476.33 Is The Fees/Costs Award Against An In Pro Per Plaintiff Who Lost A Demurrer To The HOA And A Subsequent Appeal

Cases: Homeowner Associations

Fee Entitlement Was Justified Under Davis-Stirling Act And Vexatious Litigant Statutes.                We have posted many times on how attorney’s fees and costs are the “tail that wags the dog in litigation” in homeowner-HOA disputes, resulting in hefty awards for the prevailing party or resulting in a large expenditure fees even though no one is

Scroll to Top