In many respects, Tract 19051 Homeowners Assn. v. Kemp, Case No. B235015 (2d Dist., Div. 4 May 15, 2013) (unpublished) was not a difficult decision once the liminal legal issue was decided. Because no common interest development was involved, a defense award of fees had to be overturned under Civil Code section 1354. After all, the CID predicate was crucial to fee entitlement, and it was missing–put another way, POOF! went the previous fee award.