McGuire v. 235 Market Homeowners Assn.
Marc McGuire owns a condominium unit in a downtown San Diego building known as "235 On Market." The building is governed by the 235 On Market Homeowners Association (the HOA) and is subject to a written declaration of rules (the CC&R's). About six years ago, the HOA and McGuire began disputing whether a small area of interior floor tile in McGuire's unit violated the CC&R's. McGuire filed a lawsuit against the HOA, and the HOA cross-complained against McGuire. The court ultimately granted summary judgment in the HOA's favor on the complaint and cross-complaint, and denied McGuire's summary judgment motion on the cross-complaint. The court ordered McGuire to remove the disputed floor tile and replace it with approved floor covering. The court awarded the HOA $225,200 in attorney fees and $12,803.50 in costs. McGuire appeals, contending the court erred in granting the HOA's summary judgment motion on the cross-complaint and denying his summary judgment motion.[1] McGuire also challenges the amount of attorney fees awarded. Court conclude the court properly granted summary judgment in the HOA's favor, and the court did not abuse its discretion in awarding the attorney fees. Accordingly Court affirm.
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