Key Takeaways

- Homeowners can recover attorney fees when suing to enforce HOA governing documents, such as maintenance or violation enforcement.
- Prevailing party status is determined by achieving litigation objectives, not just winning monetary compensation.
- Homeowners can challenge HOA actions like selective enforcement or breach of fiduciary duty to recover legal costs.
- California’s Civil Code § 5975 allows for mandatory fee awards to the prevailing party in HOA disputes.
- LS Carlson Law offers HOA dispute representation and helps homeowners recover attorney fees effectively.

Homeowners associations (HOAs) are meant to maintain community standards and protect property values. However, disputes often arise when homeowners feel that the HOA has overstepped its authority or failed to fulfill its responsibilities. In California, homeowners are granted significant legal protections that allow them to challenge their HOA’s decisions. One of the key areas homeowners can benefit from is the ability to recover attorney fees in certain legal disputes. This article explores the circumstances under which homeowners can require an HOA to pay their attorney fees and outlines the legal mechanisms that make this possible.

At LS Carlson Law, we specialize in assisting homeowners with HOA disputes, offering legal representation in cases where homeowners need to enforce their rights or defend against unjust actions. Our team has the experience to help you navigate these complex legal issues, ensuring that you have the best chance of success.

Key Legal Protections for Homeowners

California law provides several legal remedies to homeowners involved in disputes with their HOA. Under California Civil Code § 5975, if a homeowner successfully enforces the governing documents of the HOA, they are entitled to recover their attorney fees and costs. This statutory provision helps level the playing field, ensuring that homeowners aren’t financially burdened by the cost of defending their rights.

The law does not automatically grant attorney fee recovery for every HOA dispute. The ability to recover attorney fees hinges on the specific nature of the lawsuit. Generally, the prevailing party in a dispute is entitled to fees if the lawsuit pertains to the enforcement of the governing documents, including issues like maintenance responsibilities, breaches of fiduciary duties, or violations of the HOA’s own rules.

Under What Circumstances Can Homeowners Require an HOA to Pay Their Attorney Fees?

There are several situations where homeowners can require an HOA to pay their attorney fees. Some of the most common include:

1. Enforcing the Governing Documents: If a homeowner sues the HOA to enforce its own rules, such as demanding the HOA maintain common areas, or compel the HOA to abide by its CC&Rs (Covenants, Conditions, and Restrictions), the homeowner may be entitled to attorney fees if they prevail in court. This is especially relevant in cases where the HOA has neglected its maintenance duties, such as failing to repair leaking roofs or maintain community facilities.
2. Selective Enforcement of Rules: Homeowners can also recover attorney fees if they are involved in disputes over selective enforcement of rules. If an HOA enforces a rule against one homeowner but ignores the same violation by others, the homeowner can sue for unfair treatment and potentially recover their attorney fees.
3. Discrimination or Harassment by the HOA: If the HOA engages in discriminatory practices or harassment, violating state or federal fair housing laws, homeowners can pursue legal action against the association. In such cases, homeowners may be entitled to attorney fees under applicable laws.
4. Breach of Fiduciary Duty: HOAs have a fiduciary duty to act in the best interest of the community. If an HOA board breaches this duty by mismanaging funds, engaging in self-dealing, or failing to act in good faith, homeowners can sue for damages and may be entitled to attorney fees if they prevail.
5. Improper Fines or Assessments: Homeowners may challenge the imposition of excessive fines or improper special assessments. If the HOA fails to follow the proper procedure for assessing fines or fails to notify homeowners appropriately, the homeowner may be able to recover attorney fees in the process of challenging these actions.

What Does “Prevailing Party” Mean?

Under California law, the term "prevailing party" does not refer to the party that wins a monetary award. Instead, it refers to the party that achieves the main litigation objectives, which may include compelling the HOA to act according to its governing documents or ensuring that the homeowner’s rights are respected.

For example, in cases where a homeowner seeks an injunction to compel the HOA to repair a common area or reverse an unjust fine, the homeowner could be considered the prevailing party even if they do not receive a financial settlement. The court will look at the practical results of the lawsuit to determine which party has prevailed.

Successful Homeowner Cases

Case Study: Disabled Veteran Wins Driveway Dispute

One significant case involved a disabled veteran who sued his HOA after the association initially approved his request to expand his driveway to accommodate his wheelchair. The HOA later reversed its decision, claiming that the driveway violated the community’s setback requirements. However, the homeowner’s attorney successfully challenged the HOA’s evidence, proving that the HOA could not substantiate its claims.

The trial court ruled in the homeowner’s favor, and the decision was upheld on appeal. This case demonstrates the importance of challenging an HOA’s evidence, especially when the HOA cannot establish its claims clearly.

Case Study: $40,000 Settlement for Improper Lien

In another case, a homeowner in Georgia was able to recover attorney fees after an HOA improperly placed a lien on their property for a disputed fine. The homeowner fought back and ultimately received a $40,000 settlement, highlighting the potential for homeowners to recover attorney fees when an HOA oversteps its authority.

How LS Carlson Law Can Help

At LS Carlson Law, we are committed to protecting the rights of homeowners involved in HOA disputes. Our team specializes in HOA litigation and has extensive experience in cases where homeowners need to enforce their rights under governing documents or challenge improper actions by the HOA.

We offer legal representation for homeowners seeking to recover attorney fees from an HOA, as well as for those involved in disputes over selective enforcement, maintenance responsibilities, or breaches of fiduciary duties. Our goal is to make sure that you are not burdened with unnecessary legal fees while holding the HOA accountable for its actions.

If you are facing an HOA dispute, don’t hesitate to contact us today. We will assess your case, explain your options, and develop a legal strategy that maximizes your chances of success. Call us now at 1-800-859-6162 to schedule a consultation and start protecting your rights as a homeowner.

Protect Your Rights and Recover Your Fees

If you find yourself in a legal battle with your HOA, know that you have the right to recover attorney fees under certain circumstances. By working with an experienced HOA attorney, you can ensure that your legal rights are upheld and that the HOA is held accountable for its actions. At LS Carlson Law, we’re here to guide you through every step of the process and fight for the compensation you deserve. Contact us today to explore your options and take the first step toward resolving your HOA dispute.