Cases: Homeowner Associations

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Homeowners Association, Family Law, Prevailing Party:  Appellate Courts Deal With Trifecta Of Fees Issues In Unpublished November 9 Opinions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 v. Chen, Case No. G053128 (4th Dist., Div. 3 Nov. 9, 2017) (Unpublished).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

Homeowner Associations:  Trial Court’s Refusal To Award HOA-Affiliated Individual Defendant Fees, As Against Voluntarily Dismissing Plaintiffs, Under Statutory Fee-Shifting Provision Reversed On Appeal

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             In Durack v. Wang, Case No. B276086 (2d Dist., Div. 7 Sept. 25, 2017) (unpublished), homeowners sued the HOA and several individual defendants for negligence and breach of fiduciary duty (among other claims), but referencing

Homeowner Associations:  HOA Not Entitled To Fees Where Gist Of Successor Homeowner’s Suit Was Fraud Based

Cases: Homeowner Associations

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     In Mims v. Park Hill on Pepper Avenue Community Association, Case No. E065990 (4th Dist., Div. 2 Sept. 13, 2017) (unpublished), successor homeowner initially sued HOA on various fraud-based claims based on the failure to provide her notice that the property was within the HOA and

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

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