Loser Pays Court Costs
No one wants to end up in a lawsuit with a neighbor or the Association. But when litigation is the only way to protect an ocean view or a home’s value, our current rules make that choice needlessly expensive — even when you are right.
Here is the problem: under our CC&Rs today, if a neighbor blocks your view with a fence, a wall, an overgrown tree, or new construction, you have every right to ask them to fix it. But if they refuse to engage or refuse to remove it, your only real option is to sue — and even if you win, you are still stuck covering your own attorneys’ fees. That financial risk is enough to stop many homeowners from ever standing up for their rights, which means views get blocked and home values suffer, simply because fighting back costs too much.
This amendment fixes that. It adds standard “prevailing party” language to the CC&Rs: in any lawsuit or dispute between the Association and a member, or between two members, whoever wins is entitled to recover their attorneys’ fees and costs from whoever loses. This is not a novel or aggressive change — these provisions are standard in CC&R documents across California, and most neighborhoods already have them in place.
The benefit runs both ways. For homeowners, it means you can enforce your rights — including your view — without betting your own money on the outcome of a lawsuit. For the community as a whole, it works as a deterrent: a homeowner who knows they will be on the hook for both sides’ legal bills if they lose is far less likely to violate a neighbor’s rights or block a view in the first place. Fewer violations mean fewer lawsuits.
It also protects the Association itself. Our legal budget is limited, and the SMPOA can only take on a small number of enforcement matters each year, which means individual homeowners are often left to defend their own rights on their own dime. This amendment levels that playing field, making it realistic for homeowners to enforce the CC&Rs without the Association’s help — and making violations less likely to happen in the first place. That is a direct investment in protecting property values and the character of Sunset Mesa for everyone.
New amendment verbiage:
(s) Attorneys' Fees: In the event of any litigation or alternative dispute resolution procedure regarding the rights or obligations of the Association or any member subject to this Declaration (or any other governing documents of the Association) and/or the enforcement of this Declaration or any other governing documents of the Association between the Association and any member and/or between members, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs, as well as any expert witness fees and costs if applicable. The foregoing provision shall also apply to attorneys' fees and costs incurred to collect upon any judgment entered as a result of such litigation or alternative dispute resolution procedure. Further, in the event the Association engages legal counsel to enforce any violations of the Declaration (or any other governing document of the Association) including, but not limited to, any architectural improvements or modifications performed by a lot/owner without the Association's required architectural approval, the Association shall be entitled to recover its reasonable attorneys' fees and costs incurred, whether or not formal legal action is initiated. In the event of any conflict between this provision and Article VIII of the Bylaws, this provision shall be deemed controlling.