Overview
Homeowners can recover attorney’s fees in California HOA lawsuits when they prevail in an enforcement action under Civil Code 5975(c). Attorney’s fees under Civil Code 5975 in HOA disputes are fee-shifting, awarding reasonable fees to the prevailing party. This Fact Sheet explains how to recover attorney’s fees from an HOA in California, how courts assess prevailing party attorney’s fees in California HOA cases, and what counts toward recovering legal fees in HOA enforcement actions.
For a deeper dive into this topic, see my full article on recovering attorney’s fees in HOA lawsuits.
If you’d like to watch an episode of my podcast where I address this issue fully, then click the episode title (“If I Sue My HOA Will I Get My Attorney’s Fees Back?“). You can also find that episode on Amazon, Apple, and iHeart podcast platforms.
Key Points
- California follows the “American Rule,” which allows recovery of attorney’s fees only if a statute or contract provides for it.
- HOA CC&Rs are treated as binding contracts, and most include provisions awarding attorney’s fees to the prevailing party.
- Civil Code 5975(c) mandates that in lawsuits to enforce HOA governing documents, the prevailing party is entitled to recover their reasonable attorney’s fees and costs.
- Courts decide who is the “prevailing party” by looking at which side achieved its main litigation objectives, not just who technically won a ruling. In other words, prevailing party attorney’s fees in California HOA cases are awarded when the court finds one side accomplished its primary goals.
- “Enforcement actions” under the Davis–Stirling Act are broadly interpreted and can include lawsuits over:
- Requiring an HOA to maintain common areas.
- Challenging unfair or inconsistent board decisions.
- Stopping board misuse of HOA funds.
- Forcing compliance with CC&Rs, rules, or required procedures.
- Attorney’s fees may also include costs incurred during pre-lawsuit Alternative Dispute Resolution (ADR), if ADR was mandatory under Civil Code 5930.
- California courts have confirmed recovery of fees for mandatory ADR, and some arguments support extending recovery to voluntary ADR where the homeowner later prevails in litigation.
- Attorney’s fees under Civil Code 5975 in HOA disputes may include pre-lawsuit ADR costs if the court deems them part of the enforcement action.
- How to recover attorney’s fees from an HOA in California depends on proving that the case qualifies as an enforcement action and that you prevailed.
- You can recover attorney’s fees in California HOA lawsuits when you are the prevailing party in an action to enforce the governing documents.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across “articles” that appear to be authoritative, but are actually designed as nothing more than search-engine marketing dumps. These pieces emphasize keyword inclusion rather than providing clear, related, and accurate analysis. Unfortunately, this approach can leave homeowners more confused than informed.
At MBK Chapman, our Fact Sheets, which are part of our HOA Law Library, are deliberately concise, statute-based, and are designed as quick-reference guides to help California homeowners understand key HOA laws at a glance.
Our Articles, by contrast, are designed for deeper analysis, context, and strategies that go beyond the quick-reference points covered in the Fact Sheets. Unlike much of what appears online, our Articles are not written by AI, and they contain nuanced discussion, real-world examples, and actual analysis of complex issues related to the daily lives of HOA members in California. In short, our Articles prioritize function and clarity over SEO word-dumping.