Homeowner Associations, Prevailing Party: Trial Court’s Call That HOA Was Prevailing Party, Although Homeowners Had Partial Success, Was No Abuse Of Discretion

$157,146.44 Was Fee Assessment Against Homeowners Arising Out Of Landscape Dispute.

            In a somewhat complimentary unpublished decision to Harris v. Rojas (a Second District decision we posted on recently), the Third District in Winchester Community Assn. v. Perrotta, Case No. C085295 (3d Dist. July 20, 2021) (unpublished) had to review a discretionary “prevailing party” decision under the Davis-Stirling Act fee shifting statute by which the HOA was awarded $157,146.44 in attorney’s fees against homeowners in a landscaping submission dispute.  (Harris dealt with a denial of fees on a discretionary basis.)  Even the trial and appellate court acknowledged that homeowners gained some partial successes, but they were ultimately unsuccessful in invalidating a prior settlement agreement between the parties or in excusing themselves from a duty of performance as far as resolving the dispute.  The “prevailing party” determination was a discretionary one, and the lower court did not exceed the bounds of reason in coming to that conclusion as supported by some earlier caselaw.  (See, e.g., Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker, 2 Cal.App.5^th 252, 256, 261 (2016) [reviewed in our August 13, 2016 post]; Almanor Lakeside Villas Owners Assn. v. Carson, 246 Cal.App.4^th 761, 775-776 (2016) [reviewed in our April 21, 2016 post].)