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Posts Tagged ‘attorneys’ fees’

Case Update: Laguna Hills HOA Prevails Against Homeowner’s Intentional Encroachment Into Common Area.

In Nellie Gail Ranch Owners Association v. McMullin, (2016) 4 Cal.App.5th 982, the court of appeal affirmed a trial court ruling quieting title to a portion of planned development’s common area in favor of a homeowners association (HOA) in Laguna Hills.  In this case, a homeowner sought the HOA’s approval to construct several backyard improvements, including renovations to a pool, and new stairways, retaining walls and fences that dropped down the owner’s hillside towards HOA common area (Lot 274).  The HOA approved the pool renovations, but not the owner’s proposed re-grading, retaining walls and fences.  However, the owner’s constructed those improvements anyway, which had the effect of fencing in 6,000 SF of the common area, and the HOA sued.

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CASE UPDATE: Appellate Court Affirms Award of Davis-Stirling Attorneys’ Fees to HOA in Action Against Homeowner to Enforce Settlement Agreement.

In Rancho Mirage County Club Homeowners Association v. Hazelbaker, (2016) 2 Cal.App.5th 252, the court of appeal affirmed a trial court award of attorneys’ fees to an HOA in a lawsuit filed to enforce the terms of a settlement agreement with a homeowner.  The homeowner applied for and received approval from the HOA’s architectural review committee to make certain improvements to a patio area, however, the HOA contended that the homeowner made improvements that exceeded the scope of the approval and which would not have been approved had they been included in the application.

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CASE UPDATE: Court Awards $100,000.00 in Attorneys’ Fees Against HOA Member in Dispute About Short-Term Vacation Rentals

In Almanor Lakeside Villas Owners Association v. Carson, (6th Dist. 2016) 246 Cal.App.4th 761, the court of appeal affirmed a trial court judgment awarding the homeowners’ association (HOA) approximately $100,000.00 in attorneys’ fees.  The HOA filed a complaint against a member of the HOA in order to enforce $20,000.00 in fines and related fees for rule violations related to the member’s leasing of its two properties as short-term vacation rentals, which was prohibited by the CC&Rs.

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CASE UPDATE: Court Affirms Reduced Attorneys’ Fees Award in CEQA Case Involving MND For Community Center..

In Save Our Uniquely Rural Community Environment v. County San Bernardino, (2015) 235 Cal.App.4th 1179, the trial court granted an environmental group’s petition for a writ of mandate concerning  a proposed community center and mosque, for which the county planning board had adopted a mitigated negative declaration (MND) and issued a conditional use permit (CUP), and the court ordered the MND and CUP be set aside solely for purposes of obtaining further CEQA review on the single issue of waste water treatment. 

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Miles J. Dolinger
Attorney at Law

314 Capitola Avenue Capitola, CA 95010
Phone: (831) 477-9193
FAX: (831) 477-9196
miles@dolingerlaw.com

“I would definitely go with Mr. Dolinger again, and I would recommend him in a heartbeat to anyone who is looking for representation. He knows his business and he is very good at it.”

Richard. February 8, 2015
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