HOA Entitled to Injunction and Award of Attorney’s Fees in Nuisance Created by Owner Harboring Ten Cats in his Condominium

In this action, a homeowner’s association (“Association”) sought a declaratory judgment, temporary restraining order, preliminary injunction, and a permanent injunction, as well as an award of reasonable attorney’s fees, costs, and expenses against an owner (“Owner”). Owner allegedly had caused a nuisance and interfered with other owners’ “peaceable enjoyment of living” by having ten cats living in his condominium unit which created a strong odor of cat urine in Owner’s unit that permeated to other units. Association contended that Owner violated a provision in its Declaration that prohibits the carrying on of noxious or offensive activities that result in an annoyance or nuisance to the owners or occupants of other units.

The trial court refused to grant Association’s requests for a temporary restraining order and a preliminary injunction but did ultimately grant Association a default judgment granting injunctive relief because Owner failed to defend the action. Notwithstanding the lack of a defense by Owner, the trial court refused to award: