Attorney’s Fees In Homeowners Association Disputes (CA)
Civil Code Section 5975(c) states: “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” There are a few things to note about this statute. First, this only applies to an action to “enforce the governing documents.” If this is not an action to “enforce the governing documents,” this statute does not apply. Also, case law has established that a former property owner does not have standing to bring an action to “enforce the CC&R’s” and therefore will not be governed by this section. Farber v. Bay View Terrace Homeowners Association (2006) 141 Cai.App. 4th 1007. While most property owners assume that they will be the prevailing party, there is a chance that they will not be the prevailing party. In that case, the property owner may have to pay the association’s attorney’s fees. Read the article……………..
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