Can I Get My Attorneys’ Fees Back if I Sue My HOA?

In this 1-Minute Attorney Tip, California HOA attorney Michael Kushner answers a question that every homeowner should ask before taking legal action: Can I recover my attorneys’ fees if I sue my HOA and win? In most cases, the answer is yes. California’s Davis-Stirling Act entitles the prevailing party to attorneys’ fees and costs in enforcement actions (Civ. Code, § 5975), as well as in other cases, such as upon prevailing in a Writ to compel the HOA to produce documents under Civil Code section 5200 (Civ. Code, § 5235). Even better, it’s highly likely that your CC&Rs contain a fee-shifting provision that applies to a wide range of HOA-related disputes—even those not directly tied to enforcement of the governing documents. And here’s the kicker: you can still negotiate fees even in a settlement, as long as they’re included in the agreement. If you’re gearing up for a legal fight with your HOA, don’t assume you’ll be left holding the bill. In most cases—if you win, they’ll pay. 🔍 Want a deeper explanation? Read my article on this topic here: https://mbkchapman.com/blog/attorneys-fees-sue-hoa/ 🔔 Subscribe for more powerful legal tools to hold your HOA accountable. 🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation. Disclaimer:  This content constitutes attorney advertising.  The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  About:  Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back. #AttorneyFeesHOA #DavisStirling #CaliforniaHOA #michaelkushner #lukecarlson #lscarlsonlaw #badhoa #mbkchapman 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/