June, 1999 - Association
members who sue their associations for seemingly silly matters must
now pay the attorneys fees where the association acts reasonably! A California Court of Appeals decided that a member of an
association who sued an neighbor and named the association as a party
to the action must pay the association over $11,000 in attorney's
fees (Decision unpublished, Ct. App., Second App. Dist., B116675).
Edward
Kellman, who lived in a planned community in Inglewood, filed suit to
stop his mailbox from being relocated from one spot to another, a few
feet away. Who owned the
property upon which the mailboxes sat was a murky issue.
Kellman's neighbors, the Carters, wanted the mailbox removed
so they could reseed their lawn.
Kellman refused.
Then
emotions flared. The
Carters began parking their car to block Kellman's driveway and
access to the mailbox and so on.
The association even tried to intervene and, through mediation,
determined that the mailbox should be relocated.
So, Kellman went postal and contacted an attorney.
Of course, the association then declined to take a position and
changed its mind about the relocation.
Even so, Kellman eventually sued the Carters and the
association Los Angeles Superior Court for "quiet enjoyment of the
mailbox."
While the
court ruled that the mailbox should stay in its place and that the
Carters should stop parking their cars in a way that blocks access to
the mailbox, they also held that the association acted reasonably and
granted the association attorneys' fees in the amount of $11,000!
California
Civil Code Section 1354(a) states that the CC&Rs shall be
enforceable, unless unreasonable.
Further, Section 1354(f) states "in any action to enforce the
governing documents, the prevailing party shall be awarded reasonable
attorneys fees and costs." Pursuant
to Civil Code Sections 1354(a) and (f) and the association's CC&Rs,
this court ruled that the association acted reasonably.
While
association members do have the right to sue their neighbors,
including their associations as parties will cost.
Kellman gets an $11,000 mailbox for going postal.
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