If I Sue My HOA Will I Get My Attorney’s Fees Back?

In this episode of HOA HELL, attorney Michael Kushner answers one of the most common homeowner questions: If I win a lawsuit against my HOA, will I get my attorney’s fees back? 

From the American Rule to Civil Code § 5975, Kushner explains when attorney’s fees can be recovered, what it means to be a “prevailing party,” and how these rules play out in HOA enforcement actions. Real-world examples show how outcomes differ depending on whether homeowners win outright, achieve their litigation objectives, or face mixed results. The episode also covers the role of mediation under Civil Code § 5930 and why attorney’s fees provisions are critical for leveling the playing field. 

🎯 What You’ll Learn in This Episode:

✅ Why most civil cases in California follow the American Rule on attorney’s fees.

✅ The two situations where prevailing parties can recover fees.

✅ How CC&Rs operate as contracts under California law.

✅ The role of Civil Code § 5975 in HOA enforcement actions.

✅ What it means to be a “prevailing party” and how courts decide.

✅ Real-world examples where homeowners achieved their litigation objectives.

✅ When mediation (ADR) is mandatory before suing under Civil Code § 5930.

✅ How Rancho Mirage impacts recovery of ADR-related attorney’s fees.

✅ Why attorney’s fees provisions protect homeowners against abusive HOAs. 

Understanding when and how attorney’s fees apply is critical for any homeowner thinking about litigation. This episode gives you the tools to evaluate your options and protect your rights when dealing with an HOA. 

🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices. 

🎧 Listen on YouTube @hoahellpodcastofficial or wherever you get your podcasts. 

🌐 📞Need help? Contact MBK Chapman 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

🔥 HOA Hell
California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win.

📚 Tired of your HOA’s abuse? Preorder Michael Kushner’s new groundbreaking book, HOA HELL. HOA HELL is the first step-by-step book that every California homeowner needs to fight back and win against bad HOAs from Hell.

💥 Amazon (Kindle) [https://tinyurl.com/tx47hmvn] | Barnes & Noble (Hardcover/Softcover) [https://www.barnesandnoble.com/s/hoa%20hell]

👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com for a chance to be featured on HOA Hell Queries.

📌 Learn more about your rights as a homeowner: MBKChapman.com

📲 Follow us:
Instagram: @mbkchapmanpc
YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)