Owner Loses Suit Against HOA Re Landscaping Maintenance and Must Pay Nearly $175,000 for HOA’s Attorney Fees

This case involved a dispute between homeowners (“Owners”) and their homeowners association (“Association”) over who was responsible for landscaping maintenance responsibilities pertaining to a strip of Owners’ land that was used for parkways and slopes that are adjacent to a bridle path and other common areas.  After maintaining the areas in question for many years, the Association stopped providing the maintenance of those areas contending that the governing CC&Rs made those areas the responsibility of the Owners. Owners filed suit against the Association for injunctive relief, a declaratory judgment, breach of contract and breach of fiduciary duty, contending that city planning documents and historical practice obligated the Association to continue the maintenance of the areas in question.

The trial court found in favor of the Association, concluding that Association’s CC&Rs and various City resolutions required the Owners to maintain the disputed areas. The trial court also awarded the Association its attorneys’ fees in the amount of $174,984.90. Owners then appealed the trial court’s judgment contending that the Association was required to maintain the disputed areas and that the trial court erred in awarding attorney fees because the action was not an action to enforce Association’s CC&Rs.

The appellate court found that Owners had purchased their lots after: