HOA Argued For More General Prevailing Party CC&R Status—Did Not Get It.
Thompson v. Lakewood Hills Homeowners’ Assn., Case Nos. A144674/A146081 (1st Dist., Div. 5 May 19, 2017) (unpublished) highlights how the basis for fee entitlement can drive the result in a case. In a word, HOA was awarded fees/costs by the trial judge after HOA prevailed in an HOA election dispute with homeowner. That was reversed based on the gravamen of the action, which was crucial in this context. In an election dispute, HOA can only gain fee recovery if the homeowner contested it frivolously, unreasonably, or without foundation. (Civ. Code, § 5145(b).) However, under the more general statute, an HOA can recover if it is the prevailing party under a CC&R governing document dispute without regard to whether the action was frivolous in nature. (Civ. Code, § 5975(c).) In this one, the election dispute was the gravamen, such that the fee award in favor of HOA was reversed as a matter of law.