Cases: Homeowner Associations

Homeowner Associations:  4/3 DCA Determines Civil Code Section 5235(c) Only Allows Costs Award To Prevailing HOA If Homeowner Action Is Frivolous

Cases: Homeowner Associations

Fee Recovery Not Allowed Under Section 5235(c), With DCA Also Providing Guidance On Definition Of “Frivolous” Under Same Provision.             The Fourth District, Division 3 faced a first impression statutory interpretation of Civil Code section 5235(c), which provides that “[a] prevailing association may recover any costs if the court finds the action to be frivolous, […]

Homeowners Association: HOA Winning $1,881 In Damages Against Homeowner Also Was Entitled To Attorney’s Fees Of $201,750

Cases: Homeowner Associations

HOA-Homeowner Battles Can Result In Large Fee Exposure             We do not really need to get into the specifics of Mustafa v. Mountain View Park Homeownerss Assn., Inc., Case No. E063529 (4th Dist., Div. 2 Aug. 8, 2017) (unpublished), but the end result in sobering for purposes of our blog.   Basically, homeowner lost a gnarly

Homeowner Associations:  HOA Fee Award Reversed Because HOA Elections Win Did Not Qualify For Award Under Frivolous Fee-Shifting Standard

Cases: Homeowner Associations

    HOA Argued For More General Prevailing Party CC&R Status—Did Not Get It.               Thompson v. Lakewood Hills Homeowners’ Assn., Case Nos. A144674/A146081 (1st Dist., Div. 5 May 19, 2017) (unpublished) highlights how the basis for fee entitlement can drive the result in a case.  In a word, HOA was awarded fees/costs by

Homeowner Associations: HOA Losing Tree Trimming CC&R Properly Hit With $200,000 In Fees And $20,621.15 In Costs

Cases: Homeowner Associations

  HOA Disputes Can Be Costly, Especially With Fee Shifting! Aspen trees. 2015. Carol M. Highsmith, photographer. Library of Congress.     We have explained that HOA – homeowner disputes can be costly. Especially where one party prevails, in this case the homeowner. In Lingenbrink v. Del Rayo Estates Homeowners Assn., Case No. D070966 (4th Dist., Div.

Fee Clause Interpretation, Homeowner Associations, Section 1717: Large Fee Recovery To Prevailing Defendants In Common Interest Development Parking Space Dispute With Other Homeowners Reversed

Cases: Fee Clause Interpretation, Cases: Homeowner Associations, Cases: Section 1717

  Only Time Finite Fees On Trespass Claim Recoverable Under HOA Fee-Shifting Statute.      In Hussein v. Driver, Case Nos. A144786/A145655 (1st Dist., Div. 4 Jan. 27, 2017) (unpublished), plaintiffs and defendants, homeowners in a common interest development as well as the parents of defendants, were drawn into a parking space dispute where slander of

Homeowner Associations, Prevailing Party: Defendants Homeowners/HOA’s Fee Recovery As Prevailing Party Affirmed On Appeal

Cases: Homeowner Associations, Cases: Prevailing Party

  Losing Plaintiff’s Fee Denial Also Affirmed In Dueling Fee Motion Case.     Homeowner/landowner cases seem to bring a lot of angst and emotions, maybe not as much as the recent presidential election, but still on the top level on a range scale from 1 to 10—we would say most disputes are in the 7-10

Appealability/Homeowners Association: Failure To Appeal Post-Judgment Fee Award Was Fatal To Homeowners’ Challenge Fees Awarded To HOA

Cases: Appealability, Cases: Homeowner Associations

  Result Was That Appellate Court Could Not Entertain Challenge To $187,000 Fee Award.     For you readers out there which follow our post, we have many, many times observed that practitioners should independently appeal any separate fee awards no matter when made just to be safe.  This next case illustrates why this needs to

Homeowners Association/Reasonableness Of Fees/Section 1717: $25,614 Post-Judgment Enforcement Fee Award To HOA Affirmed On Appeal

Cases: Homeowner Associations, Cases: Reasonableness of Fees

  HOA Counsel Did Good Job Of Apportioning Fees As Far As Reasonableness Of Amount.     The attorney for the prevailing homeowners association (HOA) did something very smart in Bryan Ranch Homeowners Assn. v. Lawrence, Case No. A147659 (1st Dist., Div. 1 Sept. 16, 2016) (unpublished), which we will now describe.     There, a homeowner

Homeowner Association: Does An Action To Enforce A Settlement Agreement Out Of A Mandatory HOA ADR Provision Also Enforce CC&R Documents Under The Davis-Stirling Act?

Cases: Homeowner Associations

  You Betcha, Said 4/2 DCA In Recent Opinion Affirming Noncompliance With Settlement Agreement And Fee Recovery Of About $19,000 Against Homeowners.      Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker, Case No. E063272 (4th Dist., Div. 2 Aug. 9, 2016) (published) involved a situation where an HOA and homeowners reached a mediated written settlement

Scroll to Top