Cases: Homeowner Associations

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 (4th Dist., Div. 1 June 17, 2024) (unpublished), homeowner received a fairly limited mandate win to direct the HOA to conduct an election to replace board directors whose terms had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

Homeowner Associations: Attorney’s Fees Are Not Fiduciary Duty Breach Tort Damages And $1.328 Million Fee Award Against Individual Directors Under Civil Code Section 5975 Reversed As A Matter Of Law.

Cases: Homeowner Associations

Section 5975 Fees Only Awardable Against Nonprevailing HOA.                In Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes, Case No. B308382 (2d Dist., Div. 4 Mar. 1, 2024) (partially published; fee discussion not published), plaintiff homeowner won a declaratory relief action based on a dispute over tree-trimming covenants in certain recorded Declarations, with

Homeowners Associations: 4/1 DCA Reverses As A Matter Of Law Adverse Fee Awards Against Homeowners Not Prevailing On Common Interest Development Open Meeting Act (OMA) Violations

Cases: Homeowner Associations

Fees Are Not Awardable To Prevailing HOAs Under OMA Violations; Costs Were Not Proper Because Homeowners’ Action Was Not Frivolous, Unreasonable, Or Without Foundation.             In LNSU #1, LLC v. Alta Del Mar Coastal Collection Community Assn., Case Nos. D080208/D081204 (4th Dist., Div. 1 Aug. 25, 2023) (published), the 4/1 DCA had to decide, for

Homeowner Associations, Prevailing Party: HOA’s $139,977 Attorney’s Fees Award, Made After Homeowners Dismissed Their Lawsuit Without Prejudice And Did Not Pursue Arbitration Before The Case Dismissal, Was Properly Granted

Cases: Homeowner Associations, Cases: Prevailing Party

“Prevailing Party” Definition Under Davis-Stirling Act Different Than Under Civil Code § 1717.             In Matus v. Freedom West Homes Corp., Case No. A165736 (1st Dist., Div. 2 Aug. 21, 2023) (unpublished), a group of homeowner plaintiffs filed a lawsuit against HOA, which was ordered into arbitration.  Plaintiffs dismissed their court case without prejudice 15

Fee Clause Interpretation, Homeowner Associations, Reasonableness Of Fees: $132,070.40 Fee Award To Defendant Homeowners Was Affirmed On Appeal As Against Plaintiff Homeowners In Tree Obstruction Dispute

Cases: Fee Clause Interpretation, Cases: Homeowner Associations, Cases: Reasonableness of Fees

Plaintiffs Pled CC&Rs As A Basis For Nuisance Claim, So There Was Fee Entitlement Under Civil Code Section 1717, CCP Section 1021, And Civil Code Section 5975, With The Fee Award Being Reasonable After A Minor Haircut By The Trial Judge.             Plaintiff homeowners sued neighboring homeowners in a tree obstruction action based on nuisance

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