Homeowner Was Assessed With About $76,000 In Fees Awardable In HOA’s Favor.
Plaintiff, who sued as a trustee of her deceased father’s trust and individually as successor-in-interest to a condominium property, lost an exclusive garage use dispute against the HOA through a summary judgment motion, which was affirmed on appeal. HOA then was awarded about $76,000 in attorney’s fees as the prevailing party under a CC&R fees clause, with the award entered against plaintiff in both capacities.
Plaintiff’s appeal of this dual capacity determination was affirmed in Michaelson v. V.P. Condominium Corp., Case No. D071215 (4th Dist., Div. 1 Feb. 21, 2018) (unpublished). The reason was that plaintiff did sue in two capacities, such that the fee award was not just limited to trust assets.