Denktas

Deane Gardenhome Association (the Association) filed suit against Haluk and Mary Denktas for injunctive relief and damages after the Denktases allegedly painted their house in violation of the Association’s restrictive covenants (CC&R’s) encumbering the Denktases’ property. The CC&R’s contained an attorney fees provision. The trial court entered judgment in favor of the Denktases, but denied their request for attorney fees. The Denktases appeal, contending the trial court abused its discretion. We reverse and remand with directions.

The Denktases were homeowners in a Huntington Beach development governed by the Association and covered by CC&R’s recorded in 1982. The CC&R’s required homeowners to obtain approval of the Association’s architectural review committee before painting the exterior of the house and restricted the color choices to those approved by the Association. The Denktases hired a painter to paint their house pink and green. The painter took paint samples to the Association’s president to obtain his approval of the colors. The president approved the green shade but admonished the painter to “tone down” the pink shade. The painter returned with a different…