Christiansen

Paul M. Christiansen, in his individual capacity and as trustee for the P.M.C. Trust (Christiansen), appeals the judgment entered in favor of Foothills Townhome Association (Foothills) involving nonpayment of homeowner association dues, contending the trial court erred by: (1) overruling his demurrer and denying his motion for summary judgment brought on the ground Foothills was collaterally estopped from claiming he owed the assessment; (2) granting Foothills’ motion for summary judgment; (3) denying his SLAPP suit motion under Code of Civil Procedure section 425.16; and (4) awarding excessive attorney fees. We affirm.

Christiansen owns a home in an area subject to assessments by Foothills. In 1993, Foothills’ board of directors voted to impose a $1,300 special assessment (the 1993 assessment) to replenish its reserve fund after severe storm damage had necessitated many repairs. Christiansen paid the assessment under protest and then sued in small claims court for a refund. He obtained a judgment in his favor, and won again in superior court when Foothills sought a trial de novo.

Foothills refunded the money, but issued another $1,300 assessment for the same purpose…