California Court of Appeal

In dispute brought by plaintiff-property owners against defendant-homeowners association regarding a fireplace and cabana the plaintiffs built without prior approval, judgment requiring modification of fireplace, concluding variance was not needed for the cabana, and vacating the continuing fine is affirmed, and in published portion of opinion, order granting attorneys fees for pre-litigation mediation are affirmed, where: 1) under CA Civil Code section 1354, the lawsuit was an action to enforce the governing documents and the trial court determined the plaintiffs were the prevailing party; 2) because the Legislature has required Alternative Dispute Resolution, a party acts reasonably when it spends money on attorney fees and costs during pre-litigation ADR; and 3) when attorney fees and costs expended in pre-litigation ADR satisfy the other criteria of reasonableness, those fees and costs may be recovered in an action to enforce the governing documents of a common interest development.

Appellate Information

• Decided 01/15/2013
• Published 01/15/2013

Judges

• FRANSON

Court

• California Court of Appeal

Counsel