Cases: Homeowner Associations

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 […]

Homeowner Associations/POOF!: $159,269.61 In Attorney’s Fees And Costs To HOA Evaporated On Appeal In Landscaping Plan Submission Dispute

Cases: Homeowner Associations, Cases: POOF!

  Sobering Case for HOAs, Good One for Homeowners.      Winchester Community Assn. v. Perrotta, Case No. C075562 (3d Dist. July 21, 2016) (unpublished) involved a situation where homeowners and an HOA got into a dispute over the review of submission of landscaping plans. Association won at the trial level and was awarded attorney’s fees

Homeowner Associations: Successor Property Owner Win In Homeowner Assessment Foreclosure Battle Did Not Entitle Owner To Fees Under Davis-Stirling Act Or CC&Rs

Cases: Homeowner Associations

  Nothing in Davis-Stirling Act or CC&Rs Indicated It Applied To Remote Third Parties.     In Multani v. APB Properties, Case Nos. B260610/B265172 (2d Dist., Div. 7 June 13, 2016) (unpublished), plaintiff HOA were embroiled in a protracted battle against the HOA and successor property owners of the condominiums regarding the propriety of an assessment

Homeowner Associations/Prevailing Party: HOA’s Request For $1.666 Million In Fees Against Homeowner Properly Denied

Cases: Homeowner Associations, Cases: Prevailing Party

  Lower Court Found HOA Did Not “Prevail,” Where Each Side Got Some Relief.      HOA-homeowner disputes, as well have seen repeatedly, are generally expensive in nature as far as attorney’s fees expenditures. The loser, either way, can face substantial fee exposure under Civil Code section 5975 (the Davis-Stirling Act’s fee shifting provision) and/or Civil

Homeowner Association/Prevailing Party: $101,803.15 To Prevailing HOA Affirmed On Appeal Where Lower Court Found HOA Could Fine For Short-Term Vacation Rental Activities But Awarded Fairly Small Fines

Cases: Homeowner Associations, Cases: Prevailing Party

  Prevailing Party Under Davis-Stirling Act Is A Pragmatic Inquiry, With Fees Mandatory If Prevailing Status Is Properly Made.     Almanor Lakeside Villas Owners Assn. v. Carson, Case No. H041030 (6th Dist. Apr. 19, 2016) (published) involves a $101,803.15 fees/costs award to a prevailing homeowner association against homeowners who were found to have violated short-term

Equities, Homeowner Association, Prevailing Party: Fee Recovery Against Two Voluntarily Dismissing Plaintiffs, Where Other Plaintiffs Still Fighting, Was Abuse Of Discretion Under The Circumstances

Cases: Equity, Cases: Homeowner Associations, Cases: Prevailing Party

  $156,614.47 Fee Recovery Went POOF! On Appeal.     Wasserman v. Ketelhut, Case No. B258642 (2d Dist., Div. 6 Dec. 1, 2015) (unpublished) is an interesting common interest development case where multiple plaintiffs were fighting defendants over various CC&R governing document claims about defendants operating a vineyard which encroached on certain CID common areas.  (BLOG

Homeowner Associations/Reasonableness Of Fees/Section 1717: Prevailing Defendants Get $525 In Fees, Not The Requested $675,000

Cases: Homeowner Associations, Cases: Reasonableness of Fees

  Appellate Court Found No Basis Under HOA Or Section 1717, But Did Affirm The Small Award Not Challenged By The Other Side—Chastising Defendants For Their Realistic Assessment This Was A Small Claims Matter Undeserving Of Large Fees, But Then Requesting $675,000.      We have to say that our California intermediate appellate courts get interesting

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