Find Out Why Court Says Mandatory Award of Attorney’s Fees to Prevailing Association Was Not Mandatory

This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) over Owners’ construction of a swimming pool building that was not part of the scope of improvements that had been approved by Association.

In April 2017, Owners submitted plans to Association and obtain approval for the construction of additional exterior features consisting of a swimming pool, a hot tub, a fire pit, a fence, and decking. After the construction commenced, Association learned that Owners were also constructing a swimming pool building that was not part of the approved plans. Association demanded that Owners cease-and-desist” from further construction of the building and remove it from the property. After Owners refused, Association filed suit for injunctive relief to stop the construction and compel the removal of the unapproved building from Owners’ property. Association also sought to recover the attorney’s fees and costs incurred in bringing the action.

The trial court granted the injunctive relief requested by Association and initially denied an award of attorney’s fees to Association, and each party was ordered to pay their own attorney’s fees. The trial court subsequently modified its original ruling and ordered Owners to pay $83,677.60 in attorney’s fees to Association. After hearing motions for amendment and clarification of the judgment, the trial court again changed its ruling as to attorney’s fees and ordered each party to: