Attorney Fees Are Not Recoverable by the Prevailing Party if a Discrimination Claim was not Frivolous

May 17, 2013.

A U.S. District Court, Eastern District of Virginia Appellate Court ruling affirmed a trial court’s summary judgment holding that the plaintiff homeowners were not entitled to an accommodation and a modification that they had requested from the HOA for a disability pursuant to the Fair Housing Amendments Act (FHAA). The trial court did not award the HOA attorney’s fees as the prevailing party and the HOA appealed that portion of the trial court’s judgment.