Close

Articles Posted in Attorney’s Fees

Updated:

Clarifying When a HOA may be Deemed the ‘Prevailing Party’ in an Enforcement Suit

*New Case Law Civil Code Section 5975(c) serves a vital function for any HOA’s enforcement efforts. Should a HOA be required to file a lawsuit to enforce its governing documents, Section 5975(c) entitles the HOA to recover from the defendant homeowner the HOA’s attorney’s fees, provided that the HOA is…

Updated:

Attorney’s Fees are Recoverable to Enforce Settlement Agreement Reached in ADR

*New Case Law The Davis-Stirling Act promotes the nonjudicial resolution of disputes between homeowners associations (“HOAs”) and their members in various respects. One example is found contained in Civil Code Sections 5930 et. seq.  which, in sum, require that the disputing parties to endeavor to resolve the dispute through Alternative…