Homeowner Associations/Prevailing Party: Homeowner’s Interim Preliminary Injunction Success, Although Ultimately Losing On The Merits, Did Not Make Her Prevailing Party Under Davis-Stirling Fee-Shifting Provision (CA)

In Artus v. Gramercy Towers Condominium Assn., Case No. A147297 (1st Dist., Div. 1 Jan. 24, 2018) (published), plaintiff homeowner sued HOA claiming it illegally failed to enforce cumulative voting standards under governing documents. The trial court granted homeowner a preliminary injunction on two of her three statutory claims, but she eventually lost on the merits. HOA then held a second a meeting at which direct, rather than cumulative, voting was passed by a substantial margin, such that the same adverse result occurred—leading the trial judge to deny any permanent injunctive relief.     Read the article………………