Tract 19051 Homeowners Association, Plaintiffs and Appellants v. Maurice Kemp, Defendants and Respondents

Summary

The court held that defendants who prevailed in an action brought to enforce documents alleged to govern a common interest development were entitled to attorney fees under former Civil Code section 1354(c), even though the court ultimately determined that the development was not a common interest development. The statute's plain language, its history of awarding fees to the prevailing party, and the need for reciprocal treatment supported the award. The court distinguished the contrary precedent relied on by the Court of Appeal because that precedent involved a plaintiff seeking fees after failing to establish the existence of a qualifying development.