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By Nicholas A. Rogers, Esq.
California Appellate Courts issued several important opinions addressing issues in community association law in 2022, including whether to award prevailing party attorney fees in an election challenge, affirming rules relating to Strategic Lawsuits Against Public Participation (SLAPP), the importance of complying with the pre-litigation Alternative Dispute Resolution (ADR) requirements, the consequence of failing to accurately complete an application for association insurance, and the role of equity in enforcement disputes.
Artus v. Gramercy Towers Condominium Association (2022) 76 Cal.App.5th 1043
The Davis-Stirling Common Interest Development Act (CID Act) provides that in an action to enforce the governing documents, the prevailing party is awarded reasonable attorney fees and costs. A long line of published appellate opinions have affirmed a prevailing party’s right to such fees is mandatory....