4/3 DCA Determines Civil Code Section 5235(c) Only Allows Costs Award To Prevailing HOA If Homeowner Action Is Frivolous (CA)

The Fourth District, Division 3 faced a first impression statutory interpretation of Civil Code section 5235(c), which provides that “[a] prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation,” in Retzloff v. Moulton Parkway Residents’ Association, No. One, Case No. G053164 (4th Dist., Div. 3 Aug. 23, 2017) (published).    Read the article……………


Related Articles

Right To Terminate Developer Contracts Must Be Exercised Within Three Years (MD)

Section 11-133 of the Maryland Condominium Act gives a council of unit owners the right to terminate leases, management contracts,

Best Practices: Discouraging Wild Animals in a Homeowners Association

The most effective way to coexist is to have appropriate rules in place and let the wild animals be wild. Do not provide them with food either purposefully or accidentally.

HUD issues aggressive new fair housing rule

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that