Second District, Division Eight Certifies HOA Association Opinion In The Churchill Condominium Assn. For Publication.
In our July 24, 2008 post, we discussed Ritter & Ritter, Inc. v. The Churchill Condominium Assn., a 2-1 Second District, Division Eight decision with a dissent by Justice Rubin. The decision was unpublished at the time.
Briefly summarized, homeowners obtained a $4,620 economic loss award to repair their unit (reduced by 25% of their own negligence), an order to put a slab penetration issue to a homeowners association vote (a vote which was overwhelmingly against remediation), and relief from HOA fines on the slab penetration issue. The denouement was that homeowners were deemed “prevailing parties” and awarded $531,159 in attorney’s fees (100% of their request). Justice Rubin dissented, finding that the awarded fees were exorbitant for the results achieved (and which could have been avoided through a scaled down 2-3 day arbitration).
Churchill was certified for publication on August 21, 2008, so it is now citable as precedent.