West Virginia Ct. Articulates Factors for Determining Reasonableness of Attorney Fees Awarded to HOA

West Virginia Supreme Court of Appeals decision (November 6, 2015).

This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) who had constructed a fence on a portion of the common area property belonging to the Association. Despite notification that the fence was in violation of Association’s restrictive covenants and repeated demands by the Association for the removal of the fence, the Owners failed to do so. Thus, the Association filed an action against Owners seeking enforcement of the applicable restrictive covenants and orders directing the Owners to remove the fence and to pay the costs and legal fees incurred by the Association. Owners ultimately admitted that the fence violated the restrictive covenants but disputed their liability for Owners costs and legal fees. The trial court granted summary judgment in favor of the Association, which included an award of $33,887.03 in attorney fees, and Owners appealed.