Court of Appeals Rules in Favor of Defendant Regarding HOA Fees

October 1, 2007

Dan L. Longo and Michelle A. Hancock have been defending the Bear Creek Master Association and The Avalon Management Group for its assessment and collection of HOA fees, contending that since there were no buildings on their condominium units they did not owe any fees. The Court of Appeals has repeatedly ruled in the Defendants’ favor.

Most recently, a Motion for Summary Judgment on behalf of The Avalon Management Group (“Avalon”) was granted. Subsequently, the defendant filed a Motion for An Award Fixing Attorneys Fees on behalf of Avalon. Avalon’s Motion was granted, awarding Avalon attorneys fees and costs of over $50,000.00.

Having previously collected over $66,000.00 in attorneys fees from the opposing litigants, this latest ruling from the Court brings the total to over $116,000.00 awarded on behalf of our clients after our continued success in the case.