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 sbj@sbj-law.com