Court Holds Attorney’s Fees Are Not Available
to HOA Under the David-Stirling Act
In Retzloff v. Multan Parkway Residents Association, plaintiff and others sued their homeowners association for alleged violations of the Davis-Stirling Common Interest Development Act (“Davis-Stirling Act”). The Association filed a demurrer, which was sustained without leave to amend. The court concluded that the action was frivolous and awarded the association its attorney’s fees and costs pursuant to the Davis-Stirling Act. Plaintiffs appealed. The court of appeals reversed part of the decision authorizing the award of attorney’s fees. The appellate court held that the Davis-Stirling Act provides that a prevailing association may recover costs, but costs do not include attorney’s fees.
Shannon B. Jones, Partner firstname.lastname@example.org