Homeowner Associations: $260,625 Attorney’s Fees Award To HOA and Two Homeowners Prevailing On CC&R Short-Term Vacation Rental Dispute Affirmed

$313,721 Was The Fee Order Request.

            We have many times indicated that HOA-homeowner disputes can be expensive as far as fee-shifting is concerned.

            Lastavich v. Nob Hills Homeowners Assn., Case No. D075466 (4th Dist., Div. 1 Dec. 2, 2020) (unpublished) is an illustration of how this panned out in a real case.  There, plaintiff homeowner lost a short-term vacation rental dispute as far as how the CC&Rs read and what they prohibited.  The winning HOA and two homeowners moved for attorney’s fees of $313,721.  The trial judge awarded $260,625 against losing plaintiff homeowner, a determination affirmed on appeal once the CC&R merits issue was sustained. 

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