articles by barry A. Ross

In a court action to enforce the CC&R’s, does the prevailing party recover reasonable attorney’s fees and costs?

In a court action to enforce the CC&R’s, the prevailing party recovers reasonable attorney’s fees and costs. A court action must be filed in order to recover reasonable attorney’s fees and costs. Reasonable attorney’s fees and costs are not recoverable until the court action is concluded. Only “reasonable” attorney’s fees can be recovered. The judge determines what is “reasonable.” The judge may determine that the attorney’s fees incurred were not reasonable and award the prevailing party an amount less than the actual fees incurred.


See also: Arias v. Katella Townhouse Homeowners Association, Inc. (2005) 127 Cal. App. 4th 847, where owner was entitled to recover attorney’s fee in an action against the homeowners association to maintain the common areas and to repair the damage to the owner’s unit caused by the failure to maintain the common area. In Ritter & Ritter, Inc. v. The Churchill Condominium Association (2008) 166 Cal. App. 4th 103, the property owner’s attorney was awarded over $500,000 in attorney’s fees. In Neil Grossman v. Park Fort Washington Association (filed 12-19-12 and modified 1-15-13), the court authorized the recovery of attorney’s fees and costs for pre-litigation mediation (alternative dispute resolution). In Parrott v. Mooring Townhomes Association, Inc. (2003) 112 Cal. App. 4th 873, the court held that attorney’s fees could be awarded against a party who voluntarily dismisses the lawsuit. In Tract 19051 Homeowners Association v. Kemp (2015) 60 Cal. App. 4th 1135, the court held that an award of attorneys fees was proper in favor of homowners who successfully asserted that there was no common interest development, even though fees were awarded under the Davis-Stirling Common Interest Development Act.