Cases: Homeowner Associations

Homeowner Associations, Prevailing Party: Trial Court’s Call That HOA Was Prevailing Party, Although Homeowners Had Partial Success, Was No Abuse Of Discretion

Cases: Homeowner Associations, Cases: Prevailing Party

$157,146.44 Was Fee Assessment Against Homeowners Arising Out Of Landscape Dispute.             In a somewhat complimentary unpublished decision to Harris v. Rojas (a Second District decision we posted on recently), the Third District in Winchester Community Assn. v. Perrotta, Case No. C085295 (3d Dist. July 20, 2021) (unpublished) had to review a discretionary “prevailing party” […]

Homeowner Associations: Champir Decision, Unpublished Earlier, Now Certified For Publication

Cases: Homeowner Associations

Homeowners Did Achieve Their Pragmatic Objective, So Davis-Stirling Fees Were Justified.          In Champir v. Fairbanks Ranch Assn., Case No. D077384 (4th Dist., Div. 1 June 22, 2021) (unpublished), which we reviewed when it was unpublished in our June 29, 2021 post, homeowners received a substantial fee award for prevailing against HOA under a Davis-Stirling Act fee

Homeowner Associations, Mediation: $318,426 Fee Award To HOA Prevailing On Encroachment Issue Was No Abuse Of Discretion

Cases: Homeowner Associations, Cases: Mediation

Parties’ Inability To Mediate Was A Discretionary Factor To Weigh In The Fee Calculus.             HOA, in Country Glen Oak Park Homeowners Assn. v. Garrett, Case No. B303220 (2d Dist., Div. 6 July 6, 2021) (unpublished), won a case to require removal of a pool equipment encroachment by homeowners as well as $820 in compensatory

Homeowners Association, Prevailing Party: No Abuse Of Discretion In Trial Court’s Determination That Plaintiffs Were Prevailing Party, Resulting In Fees Award Of $112,340, After Plaintiffs Dismissed Action.

Cases: Homeowner Associations, Cases: Prevailing Party

Plaintiffs Dismissed Their Action Only After Achieving Their Main Litigation Objective.             In Champir v. Fairbanks Ranch Assn., Case No. D077384 (4th Dist., Div. 1 June 22, 2021) (unpublished), plaintiffs sued homeowners’ association for breach of the CCR’s stemming from association’s decision to install traffic lights at a location not approved by a majority of

Homeowner Associations: $492,592 Fee Award To HOA And Neighboring Homeowners, Combined, Affirmed On Appeal After Homeowners Lost View Protection Dispute

Cases: Homeowner Associations

HOA View Disputes Can Be Costly.             Under this category, we have indicated that fee awards can be costly for homeowners and homeowner associations/directors/property managers/neighboring homeowners caught in the middle of “view protection” disputes.  The next case is yet another example of that.             In Davis v. Irvine Terrace Community Assn., Case Nos. G057682/G058266 (4th

Homeowner Associations, Special Fee Shifting Statutes: Trial Court’s Denial Of Civil Code Section 5975(c) Fees To Prevailing HOA Was Error

Cases: Homeowner Associations, Cases: Special Fee Shifting Statutes

The Davis-Stirling Act Fee-Shifting Provision, Section 5975(c), Mandates The Award Of Fees To The Prevailing Party With The Trial Court's Only Discretion Being To Determine The Reasonable Amount Of Fees.             Hope Ranch Park Homes Assoc. v. Rubin, Case No. B299932 (2d Dist., Div. 6 December 14, 2020) (unpublished) involved a $30,600 penalty assessed against

Homeowner Associations: $260,625 Attorney’s Fees Award To HOA and Two Homeowners Prevailing On CC&R Short-Term Vacation Rental Dispute Affirmed

Cases: Homeowner Associations

$313,721 Was The Fee Order Request.             We have many times indicated that HOA-homeowner disputes can be expensive as far as fee-shifting is concerned.             Lastavich v. Nob Hills Homeowners Assn., Case No. D075466 (4th Dist., Div. 1 Dec. 2, 2020) (unpublished) is an illustration of how this panned out in a real case.  There,

Appealability, Homeowner Associations: $180,442 Fees Award, $2,195 Expert Fee Award Under Section 998, And Certain Other Costs Awarded To HOA And Against Homeowner Sustained On Appeal

Cases: Appealability, Cases: Homeowner Associations

Good Pointer On Appealability—Separately Appeal § 998 Shifting Award As a Postjudgment Award, Or Be Damned!             Kashani v. Wilshire House Assn., Case No. B296976 (2d Dist., Div. 1 Oct. 28, 2020) (unpublished) involved a HOA-homeowner dispute involving a right of first refusal battle to bid on a particular condo unit, with the HOA winning

Deadlines, Homeowner Associations: Later Finding That HOA-Homeowner Settlement Agreement Was Invalid Presented Good Cause To File Fee Motion After 60-Day Deadline

Cases: Deadlines, Cases: Homeowner Associations

Settlement Misconception By The Parties Allowed Dismissed Board Members To Seek Fees.             In Gallian v. Gragnano, Case No. G057198 (4th Dist., Div. 3 Sept. 15, 2020) (unpublished), HOA sued a homeowner for architectural violations under the CC&Rs, which prompted homeowner to crossclaim against the board members for indemnification, fault apportionment, and declaratory relief.  The

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