Homeowner Prevails Against Homeowners Association.

Several general provisions in CC&R’s interpreted differently by the Homeowners Association and homeowner, resulting in a $10/day fine until a cabana and fireplace were removed. The trial court sided with the homeowner, vacated the fine and ordered some modifications to the cabana and fireplace. The appellate court affirmed, concluding the trial court properly interpreted the governing documents, and that there was no abuse of discretion in awarding attorney fees and pre-litigation mediation fees to be paid to the homeowner. Grossman v. Park Fort Washington Association  (Cal. App. Fifth Dist.; January 15, 2013) 212 Cal.App.4th 1128.