In a court action to enforce the CC&R’s, does the prevailing party recover reasonable attorney’s fees and costs? – Article by Barry A Ross, APC

 
 

 

Barry A Ross, APC

 

In a court action to enforce the CC&R’s, does the prevailing party recover reasonable attorney’s fees and costs?

In a court action to enforce the CC&R’s, the prevailing party recovers reasonable attorney’s fees and costs. A court action must be filed in order to recover reasonable attorney’s fees and costs. Reasonable attorney’s fees and costs are not recoverable until the court action is concluded. Attorney’s fees cannot be recovered in internal dispute resolution or mediation. Only “reasonable” attorney’s fees can be recovered. The judge determines what is “reasonable.”The judge may determine that the attorney’s fees incurred were not reasonable and award the prevailing party an amount less than the actual fees incurred.

 Web Lookup: Recovery of attorney’s fees is governed by Civil Code sec 1354(c) http://&nyurl.com/hoa1354

 -Article written by Barry A Ross, APC. To find out more information about Barry A Ross and his firm, click here

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