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Q.Who pays the attorneys fees in a dispute between a homeowner and the HOA?
A.Pursuant to California law, the prevailing party shall be entitled to recover his/her reasonable attorney’s fees and costs in any legal action brought by a homeowner, or by a homeowners association ("HOA"), to enforce the provisions of the governing documents. Some governing documents broaden the right to recover attorney’s fees and costs so that it applies in all disputes relating to the property, including those that do not involve enforcement of the governing documents. In all instances where a right to recover attorney’s fees exists, it will apply in arbitration as well as in court.
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