HOA View Disputes Can Be Costly.
Under this category, we have indicated that fee awards can be costly for homeowners and homeowner associations/directors/property managers/neighboring homeowners caught in the middle of “view protection” disputes. The next case is yet another example of that.
In Davis v. Irvine Terrace Community Assn., Case Nos. G057682/G058266 (4th Dist., Div. 3 Jan. 5, 2021) (unpublished), one set of homeowners lost a “view protection” case against the HOA and neighboring homeowners. The trial judge awarded $159,363 to HOA and $333,229 to the neighboring homeowners as prevailing parties in the dispute.
The appeal by the plaintiff homeowners did not change things. There was fee entitlement based on the CC&R nature of the dispute, notwithstanding whether a true common interest subdivision was involved. (Tract 19051 Homeowner Assn. v. Kemp, 60 Cal.4th 1135, 1143 (2015).) With respect to the amount of the fee award, a one paragraph argument with string citations in opposition, with no real contest, did not justify why the result should be disturbed. Ouch as to losing parties! Justice Moore penned the 3-0 panel decision.