Issue Is Whether Prevailing Homeowner Entitled To Civil Code Section 1354 Fees When HOA Found Not To Be A CID.
On May 16, 2013, we posted on the unpublished Second District decision of Tract 19051 Homeowners Assn. v. Kemp, Case No. B235015 (2d Dist., Div. 4 May 15, 2013). In this decision, the appellate court reversed a fees award under Civil Code section 1354 after homeowner prevailed by establishing no common interest development (CID) was involved.
We give a HAT TIP to attorney Keith Turner, who represented the prevailing homeowner. He has advised us that the California Supreme Court, in a 7-0 vote on August 28, 2013, has granted review of this decision. The state supreme court has framed the issue as this: “Is a prevailing homeowner entitled to attorney fees under Civil Code section 1354 in an action by the homeowners association to enforce its governing documents as those of a common interest development when the homeowner prevailed because it was later determined that the subdivision was not such a development and its governing documents had not been properly reenacted?”
Unpublished decisions are rarely granted review. Congratulations to Mr. Turner and we wish him luck in his briefing and future argument in this matter.
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