Attorney Fees
The costs of hiring an attorney to represent the association or a homeowner in a legal matter. Many HOA governing documents include a prevailing party attorney fees provision, meaning the losing party must pay the winner legal costs. Some states have statutes that specifically address attorney fee recovery in HOA disputes. Attorney fees can be a significant expense for both the association and individual owners.
Example in Context
The prevailing party provision in the CC&Rs required the losing homeowner to pay the association's $25,000 in attorney fees after the covenant enforcement lawsuit concluded.
Common Misunderstanding
Not all HOA disputes automatically result in attorney fee recovery — a prevailing party provision must exist in the governing documents or be authorized by statute for the winning side to recover legal costs.
Related Terms
Frequently Asked Questions
Who pays attorney fees in an HOA lawsuit?
It depends on the governing documents and state law. Many CC&Rs include a prevailing party attorney fees provision, meaning the losing side pays the winner's legal costs. In California, Civil Code Section 5975 provides that the prevailing party in an enforcement action is entitled to reasonable attorney fees. Without such a provision, each side generally pays its own fees.