COURT ORDERS OWNER TO REMOVE UNAPPROVED STRUCTURE AND PAY HOA OVER $158,000 IN ATTORNEY FEES / COSTS

This case involved a dispute between a homeowners association (“Association”) and two owners of a property within the community (jointly “Owner”) who had erected a metal RV/boat storage structure on their lot without submitting an application to Association’s Architectural Control Committee (“ACC”) as required by Association’s CC&Rs.

Between 2018 and 2019, Association had repeatedly notified Owner of the violation, issued fines, and offered to accept a late application. Owner refused, insisting the structure was a “metal tarp” not subject to ACC review. Association brought suit against Owner for declaratory relief, removal of the structure, and attorney fees. Association subsequently abandoned its fine‑foreclosure claim, but pursued the structure‑removal claim through trial.

The trial court jury found that the structure was a carport or boat/camper shelter that required ACC approval, and that Owner violated various provisions of Association’s CC&Rs by erecting the structure without the ACC’s prior approval. The trial court ordered Owner to remove the structure, finding Association had authority under its governing documents to pursue injunctive relief.

Association had requested an award of attorney fees in the amount of $197,000.00. The court award Association: