Homeowner Associations: $36,151 HOA Fee Recovery Sustained Because It Was One To Enforce CC&Rs

     Plaintiff in Mariani v. Harbor Pointe Owners’ Assn., Case No. A130360 (1st Dist., Div. 4 Jan. 24, 2013) (unpublished) was miffed at a $36,151 fee award under Civil Code section 1354 after losing a homeowner voting controversy. Homeowner appealed, arguing that the HOA was not enforcing CC&Rs, but only a promise not in governing documents.  Outta here, said the appellate court, you were suing for CC&R enforcement. Fee recovery affirmed.

Frederic Remington, artist.  c1908.  Library of Congress.