Cases: Homeowner Associations

Allocation, Homeowner Associations: Neighbor Winning $784,208 In Damages Against Another Neighbor Based On CC&R/Nuisance/Prospective Economic Advantage Damages Properly Awarded CC&R Fees Of $363,571.56

Cases: Allocation, Cases: Homeowner Associations, Cases: Record

Lack Of Fee Hearing Transcript Meant No Adequate Record On Appeal; However, Claims Looked To Be Interrelated Such That No Apportionment Was Required.                We have noticed an increasing trend among appellate courts to affirm fee awards or fee denials where the appealing litigant failed to provide a reporter’s transcript, especially where abuse of discretion […]

Allocation, Homeowner Associations: Judge Presiding Trial Did Not Abuse His Discretion By Failing To Apportion Fee Work Between Contract and Noncontract Claims Where Work On These Claims Was Inextricably Intertwined

Cases: Allocation, Cases: Homeowner Associations

Plus . . . Lower Court Did Significantly Reduce Fee Request In Awarding $507,000 In Fees And $33,699 In Costs To HOA.             We repeatedly have demonstrated in posts how homeowner association disputes can be a pricey proposition, depending on which side prevailed (or, for that matter, where no side has been found to prevail).

Homeowner Associations/POOF!:  2/4 DCA Reinstates Homeowner’s Breach Of Fiduciary/Quiet Title Claims And Allows Further Amendment Of Slander Of Title Claim, Which Causes Attorney’s Fees Award To HOA As Prevailing Party To Go POOF!

Cases: Homeowner Associations, Cases: POOF!

$249,861.50 Fee Award Goes Away For Now.             In Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes, Case Nos. B278198/B279671 (2d Dist., Div. 4 Apr. 23, 2018) (unpublished), homeowner sued HOA for breach of fiduciary duty, slander of title, and quiet title arising from a tree trimming dispute between neighbors.  (Boy, oh boy,

Homeowner Association:  Trial Court Correctly Denied Plaintiff’s Negligence-Based Fee Recovery Against HOA Based On Gravamen Of The Claim—Negligence, Not CC&R Enforcement

Cases: Homeowner Associations

Plaintiff’s Fee Request Of $145,212.67 Rebuffed By Trial and Appellate Courts.             This next case should illustrate how both trial and appellate jurists try to get to the nub of a dispute—with the ultimate decision on the nature of the claim being very decisive on whether there is fee entitlement.             Martini v. Bel Azure

Homeowner Associations:  $707,117 Fee Award To HOA Goes Away Upon Reversal Of HOA’s Victory In Judgment Notwithstanding The Verdict Ruling On Plaintiff Homeowners’ Nuisance  Claim

Cases: Homeowner Associations

Further Fee Proceeding Remand Occurs In Decade-Spanning Litigation.             Cathedral Hill Tower Condominium Assn. v. Garbar, Case No. A144036 (1st Dist., Div. 3 Mar. 27, 2018) (unpublished) was the latest appeal by homeowners against HOA in a decade-spanning action involving claims for nuisance, negligence, and breach of contract by HOA.  A jury found in homeowners’

Homeowner Associations:  HOA Properly Awarded Fees Against Trustee And An Individual Suing As Property’s Successor-In-Interest

Cases: Homeowner Associations

Homeowner Was Assessed With About $76,000 In Fees Awardable In HOA’s Favor.             Plaintiff, who sued as a trustee of her deceased father’s trust and individually as successor-in-interest to a condominium property, lost an exclusive garage use dispute against the HOA through a summary judgment motion, which was affirmed on appeal.  HOA then was awarded

Homeowner Associations/Reasonableness Of Fees:  HOA Properly Awarded $31,375 Out Of $91,936 Base Line Lodestar Fee Request

Cases: Homeowner Associations, Cases: Reasonableness of Fees

Trial Judge Did Not Err In Assessing Settlement Offers With Respect To Overall Request.             In Villa Riviera Condominium  Assn. v. Berg, Case No. B269191 (2d Dist., Di. 3 Feb. 8, 2018) (unpublished), HOA did win a CC&R assessment battle against homeowner on a summary judgment motion, then seeking a lodestar amount of $91,936 in

Homeowner Associations/Prevailing Party:  Mixed Results In Transfer Fee Litigation Means No One Obtained Fees Or Costs

Cases: Homeowner Associations, Cases: Prevailing Party

Gotta Look At The Big Picture, Appellate Court Reminds Us On Prevailing Party Status.             Marina Pacifica Homeowners Assn. v. Southern California Financial Corp., Case No. B276719 (2d Dist., Div. 8 Feb. 5, 2018) (published) was hard fought litigation over the validity and timing of an assignment/transfer fee.  In the end, the trial court—after bifurcating

Homeowner Associations/Prevailing Party:  Homeowner’s Interim Preliminary Injunction Success, Although Ultimately Losing On The Merits, Did Not Make Her Prevailing Party Under Davis-Stirling Fee-Shifting Provision

Cases: Homeowner Associations, Cases: Prevailing Party

Analogy To California Homeowner ‘s Bill Of Rights Fee-Shifting Scheme Unavailing On Appeal.             In Artus v. Gramercy Towers Condominium Assn., Case No. A147297 (1st Dist., Div. 1 Jan. 24, 2018) (published), plaintiff homeowner sued HOA claiming it illegally failed to enforce cumulative voting standards under governing documents.  The trial court granted homeowner a preliminary

Homeowners Association, Family Law, Prevailing Party:  Appellate Courts Deal With Trifecta Of Fees Issues In Unpublished November 9 Opinions

Cases: Family Law, Cases: Homeowner Associations, Cases: Prevailing Party

Homeowners Association—Anaheim Hills Planned Community Assn. v. Chen, Case No. G053128 (4th Dist., Div. 3 Nov. 9, 2017) (Unpublished).             In this first one, homeowner appealed a trial court’s award of appellate fees to HOA in a CC&R dispute under both a prior settlement agreement and the Davis-Stirling Act.  The appellate fee award of $36,830.50

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