HOA Disputes Can Be Costly, Especially With Fee Shifting!
Aspen trees. 2015. Carol M. Highsmith, photographer. Library of Congress.
We have explained that HOA – homeowner disputes can be costly. Especially where one party prevails, in this case the homeowner. In Lingenbrink v. Del Rayo Estates Homeowners Assn., Case No. D070966 (4th Dist., Div. 1 Mar. 22, 2017) (unpublished), homeowner successfully enforced a CC&R requiring one property owner's trees and other vegetation from interfering with the view of any property owner in an action against the HOA. In the end, both at the trial and appellate levels, the homeowner's attorney's fees award of $200,000 and $20,621.15 in costs stood up against the HOA. Ouch – even if a special assessment is not in the offing to cover the loss!