Court Says Award of Attorney Fees and Costs to Prevailing Party is Mandatory

This case involved a dispute between a homeowners association (“Association”) and a homeowner / member of Association (“Owner”) over an alleged failure on the part of Association to properly maintain a common area surface water management system that was located behind Owner’s residence. Owner contended that Association breached its obligations under Association’s Governing Documents by its failure to maintain the drainage system and as a result, she had ongoing flooding problems on her property. In her action, Owner sought damages and an injunction requiring Association to cure the alleged surface water management violations and stop the flooding problem.

First – The Trial Court Ruling