[WSBARP] HOAs and Atty Fees

[Paul Neumiller]

HOA member engages in violation behavior.  HOA holds many meetings and
starts the fining process.  Both sides "lawyer up" and multiple letters are
exchanged.  Member backs down and fixes violation before any court action is
taken.  HOA spent about $5k in attorney fees getting to that point.  The
HOA's CC&Rs state the "the party prevailing in any enforcement proceeding,
whether in law or equity, shall have from his opponent any attorney's fees
that the court may deem reasonable."  So, for grins and giggles, the HOA
took the member to small claims court to recoup its attorney fees.  Court
said "not so fast, there was no court action here so the CC&Rs atty fees
provision and RCW 64.38.050 don't apply".   (HOA has 30 days to appeal
decision.)  My research is reveals nothing regarding recouping attorney fees
when there is no court action under these circumstances.  All reported cases
citing  RCW 64.38.050 involve filed cases.  Any cases out there?   

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