[Attorney’s Fees; Prevailing Party] Where both sides achieved some positive net effect as a result of the court’s ruling, a prevailing party determination is made by comparing the practical effect of the relief attained by each; After resolving the issue of prevailing party in an action to enforce the governing documents, a trial court has ...

[Attorney’s Fees; Prevailing Party] Nether party achieved litigation objective to warrant the status as the prevailing party entitled to its attorneys’ fees.

[Rent Restrictions; Short-term Rentals] A restriction on short-term rentals is a “prohibition” within the meaning of Civil Code section 4740 and is enforceable only against owners who purchased properties after the restriction was in effect.

[Rent Restrictions; Single-Family Use] A “single-family” use restriction in the association’s CC&Rs could prohibit an owner from renting portions of his unit to separate, unrelated individuals that did not have any pre-existing or ‘familial’-type relationship with each other. Such a restriction did not violate the owner’s rights of privacy under the California Constitution.

[Dispute Resolution; Anti-SLAPP] An action by a HOA member to invoke a HOA’s dispute resolution process over a tree-trimming covenant was a matter of public interest and thus constitutionally protected activity.

[Commercial Use; Board Deference] A Board’s determination of whether a business or commercial activity affects the residential character of a HOA was entitled to judicial deference.

[Enforcement; Standing to Sue] A prior owner of a unit within an association does not have standing to enforce the CC&Rs.

[CC&R Amendments; Real Estate Signs] Court upheld lender consent requirement for CC&R amendment, rather than lender vote; Real estate signs may be regulated for aesthetic purposes and may be prohibited from being posted in HOA common areas.

[Freedom of Speech; Private Property] Actions of a private property owner constitute state action for purposes of California’s free speech clause only if the property is freely and openly accessible to the public.

[Short-term Rental Restrictions; Coastal Communities] A HOA within a coastal zone may not have the ability to restrict short-term rentals without approval of the California Coastal Commission.

[Attorney’s Fees; ADR; Pre-Litigation] Pre-litigation attorney’s fees that are incurred in alternative dispute resolution (ADR) are recoverable by the prevailing party in subsequent ligation.

[Litigation Disclosure; Defamation] Facts alleged in litigation disclosure letter to HOA membership fell under the litigation privilege and could not support a defamation claim.

[Architectural Control; Enforcement] A HOA must show that it has followed its own standards and procedures when taking action to enforce violations of its governing documents.

[Operating Rules; Non-Resident Use] A HOA may create and enforce a rule excluding non-resident owners from use of the HOA’s common area recreational facilities.

[Amendments to CC&Rs; Rent Restriction] An amendment to the CC&Rs which empowered the HOA to evict tenants who violate the CC&Rs was held to be reasonable.

[Governing Documents; Use Restrictions] CC&R restrictions are presumed reasonable, and are enforceable unless they are arbitrary, impose burdens on the use of land that outweigh their benefits, or violate public policy.

[Architectural Control; Statute of Limitations] The 5 year statute of limitations under Code Civ. Pro. § 336 applies to both recorded restrictions as well as unrecorded restrictions such as architectural guidelines.

[Attorney’s Fees; Prevailing Party] The court found the Association to be the prevailing party and awarded its attorney fees after homeowners filed a request for dismissal of complaint.

[Restrictions; Duty to Enforce] A homeowner has the right to sue the HOA to compel the HOA to uphold its duty to enforce the restrictions.

[Attorney’s Fees; ADR; Settlement Agreement] An action to enforce a settlement agreement reached between a HOA and an owner through Alternative Dispute Resolution (ADR) was held to be an action to enforce the governing documents entitling the prevailing party to an award of attorney’s fees and costs pursuant to Civ. Code § 5975.

[Use Restrictions; Nuisances] A HOA has the power to issue reasonable regulations governing an owner’s use of his unit in order to prevent activities which might prove annoying to the general residents.

[CC&R Amendments; Binding Effect] CC&R amendments enacted by homeowners are accorded the same presumption of reasonableness as those imposed by developer; CC&R amendments are binding against both current and future homeowners.

[Enforcement; Recorded Notice of Noncompliance] An association is not legally authorized to record a notice of noncompliance in response to a member’s violation of the CC&Rs.

[Operating Rules; Rental Activities; Board Deference] Homeowners associations may adopt reasonable rules and impose fees on members relating to short-term rentals of condominium units.