February 12, 2013

Lexology.com: Property owners are entitled to fee award arising from invalid claims made by homeowners association
Barger & Wolen LLP
David J. McMahon
February 12, 2013

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a homeowners association.

The property owners built improvements on their property without obtaining the approval from their homeowners association (“the Association”). The Association contended that the applicable bylaws prohibited the improvements that were constructed by the property owners without obtaining required permits and paying fees.

The Association imposed a daily fine until the improvements were completely removed from the premises. Read more:  www.lexology.com