After Fourth Lawsuit, Court Says Neither Party Prevailed, Declines To Award Fees, And Tells Parties: “don’t Run To Court. Run To Try To Work Things Out.”

In a case that marked the fourth round of litigation between a condominium owner and her HOA, a court delivered a strong message: “Don’t run to court. Run to try to work things out. Both sides.”

This legal drama involved a condominium owner and her Condominium Association, and centered on disputes over HOA election rules and leasing guidelines. But while both parties claimed victory, the courts disagreed—and denied both sides the hundreds of thousands of dollars in attorney’s fees they sought.

The Backstory: A Battle of Rules, Guidelines, and Governance

Homeowner filed her fourth lawsuit against the HOA, raising five causes of action that challenged the HOA’s election and voting procedures, as well as its guidelines for selling and leasing units. She asked the court to intervene by issuing injunctions and declarations stating that HOA’s rules were invalid.

Two of her claims were dismissed early—one via a successful demurrer and another by a special anti-SLAPP motion. The remaining three claims were effectively resolved when the HOA voluntarily amended the challenged rules and guidelines during the litigation. With that, both sides agreed to dismiss the rest of the case as moot.

The Real Fight: Attorney’s Fees

Although the legal issues were dropped, a new battle emerged over attorney’s fees. Both parties filed motions seeking over $300,000 each, arguing they were the “prevailing party” under: