Defendants Homeowners/ HOAs Fee Recovery As Prevailing Party Affirmed On Appeal (CA)

Homeowner/landowner cases seem to bring a lot of angst and emotions, maybe not as much as the recent presidential election, but still on the top level on a range scale from 1 to 10—we would say most disputes are in the 7-10 range. The problem in these controversies is that there are often CC&R contractual fee clauses, as well as fee-shifting statutes under the Davis-Stirling Act applicable to common interest developments, which can impose attorney’s fees on the non-prevailing party. So, not only does the loser lose on the merits, but the loser may have to loser’s attorney’s fees as well as winner’s attorney’s fees. Talk about angst.     Read the article……………..

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