Cases: Homeowner Associations

Santisas Argument Did Not Apply To CC&R Statutory Fee Provision And Gravamen Of Plaintiffs’ Action Was Based On CC&Rs.             In Durack v. Wang, Case No. B276086 (2d Dist., Div. 7 Sept. 25, 2017) (unpublished), homeowners sued the HOA and several individual defendants for negligence and breach of fiduciary duty (among other claims), but referencing […]

Denial Of HOA’s Fee Request Affirmed On Appeal.             In Mims v. Park Hill on Pepper Avenue Community Association, Case No. E065990 (4th Dist., Div. 2 Sept. 13, 2017) (unpublished), successor homeowner initially sued HOA on various fraud-based claims based on the failure to provide her notice that the property was within the HOA and

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,

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specifics of Mustafa v. Mountain View Park Homeownerss Assn., Inc., Case No. E063529 (4th Dist., Div. 2 Aug. 8, 2017) (unpublished), but the end result in sobering for purposes of our blog.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

    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 A144674/A146081 (1st Dist., Div. 5 May 19, 2017) (unpublished) highlights how the basis for fee entitlement can drive the result in a case.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

  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.