Plaintiff Liable for Defendant's Attorney's Fees upon Covenant Interpretation

Posted by Ryan McCabe at 3/16/2009 8:43 AM
Categories: Homeowners Association,Covenant Enforcement,Attorney's Fees
            Andrews v. Sandpiper Villagers, Inc., 215 Ore. App. 656, 170 P.3d 1098 (2007).

            The plaintiff in this case argued that the Architectural Review Committee (ARC) incorrectly interpreted the wording of the Sandpiper Village Homeowner’s Association Codes, Covenants and Restrictions (CCRs).  The plaintiff asserted that under the CCRs she did not have to trim back her vegetation since her neighbor’s property was not a designated ocean view lot, as indicated to her by the ARC chairperson.  However, the plaintiff did not indicate when the ARC chairperson made that statement to her nor if she was the ARC chairperson at the time the statement was made.  

            The Court of Appeals for the State of Oregon held that despite a stylistic change made by the Homeowner’s Association (HOA) attorney that changed “ocean view” to “designated ocean view lots”, the evidence supported the defendant’s argument that the original intent of the CCRs to maintain un-obstructed ocean views had never changed.  Additionally, the plaintiff was ordered to pay the defendant’s attorney fees and costs.

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