Find Out Why Court Awards HOA Attorney Fees

This case involved a dispute between husband and wife homeowners (“Owners”) and their homeowners’ association (“Association”) over Owners’ construction of a pool equipment building on their property that had not been approved by Association. After Owners refused to remove the building as demanded by Association, Association brought suit against Owners for injunctive relief to compel the removal of the building and for attorney’s fees and costs.

The trial court ruled in favor of Association and ordered Owners to remove the unapproved building. The trial court also awarded Association the court costs that were incurred in bringing the action, but it did not award any attorney’s fees to Association. Association then appealed the trial court’s denial of Association’s request for attorney’s fees, and also sought recovery of the additional attorney’s fees that were going to be incurred in connection with the appeal.

In its appeal, Association was relying on a provision contained in its Declaration that allows the recovery of attorney’s fees when Association brings an action at law or in equity to enforce the covenants and conditions. The portion of the provision in question provides that the prevailing party in an action to enforce the Declaration shall: