Virginia Court Articulates Considerations for Determining the Proper Amount of HOA Attorney Fees to Award to the Prevailing Party

Virginia Supreme Court of Appeals decision (April 13, 2017).

This case involved a dispute between a unit owner (“Owner”) and her homeowners association (“Association”) over who was responsible for payment of a $500 bill for repairs to the front door of her condominium. Owner contended that the door was common area property that Association was responsible for repairing under Association’s governing documents and the applicable state laws. Following refusals by Association to pay the $500, Owner filed suit in the general district court seeking to recover the $500 as damages plus an award of attorney’s fees that she incurred in the action. The trial court ruled against Owner and entered a judgment in favor of Association.