Case Shows How These Disputes Can Be Heartbreaking For Either Side.
Burnside v. 1545 Broadway Homeowners Assn., Case No. A171368 et al. (1st Dist., Div. 2 Apr. 28, 2026) (unpublished) shows how HOA-homeowners cases, with respect to fee and costs recovery by a victory, echo the famous sports retort “the thrill of victory and the agony of defeat.” Here, homeowner lost a toxic mold dispute against HOA and HOA affiliates. At the end of the day, the defendants received a fees/costs award of $816,260.08, a little less than the requested $845,912, which was affirmed on appeal as against homeowner. So, be careful when you sue and be aware of fee/costs shifting provisions—either side, homeowner or HOA (given that the HOA likely takes care of affiliates, but an issue for affiliates to keep in mind if HOA does not step up).