If there is one area where acrimony is evident, it is homeowner/neighbor/HOA battles. The problem, in line with our Mission Statement, is that the fee recovery can be crushing, far outweighing the probable importance of the litigation.
That is what happened in Mestler v. Johnson, Case No. D058869 (4th Dist., Div. 1 Jan. 31, 2013) (unpublished).
Neighbors and HOA won a dispute over homeowners who were upset over an Architectural Review Committee preliminary approval of a neighbor rebuild of a residence after a fire destroyed houses in many areas of the common interest subdivision. In plaintiff’s eventual suit, the trial court dismissed the case under Code of Civil Procedure section 631.8 and then awarded neighbors and HOA attorney’s fees as prevailing parties under Civil Code section 1354 to the tune of over $405,000.
Fee award affirmed. The contention that the case was not one to enforce CC&RS simply was not a realistic position, with courts given broad enforcement powers over governing common interest development documents, whether in equity or law. (Chee v. Amdanda Goldt Prop. Mgt., 143 Cal.App.4th 1360, 1380 (2006).) Finally, the amount of the fees was reasonable because the trial court reduced neighbors’ fees by 20% (determining a second counsel was not needed at trial) and no apportionment was required because the claims were intertwined.
A man’s home is his castle. Scottish Castle, Harper’s Ferry, Jefferson County, West Virginia. Library of Congress.
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