Kaplan

Individual members (Homeowners) of Fairway Oaks Homeowners Association (Association) filed an action against the Association challenging the validity of an election of the board of directors. The trial court found the election valid and awarded the Association attorney fees under Civil Code section 1354, subdivision (f), which authorizes an award to the prevailing party in an action to enforce the governing documents of a common interest development. The Homeowners do not appeal the judgment against them, but appeal the attorney fee award. They claim their action was filed under Corporations Code section 7616, which does not authorize an award. We affirm.

Facts

In their original complaint, the Homeowners alleged the Association improperly notified its members that three positions for the board of directors were open for election when there were only two. At the election, the board of directors decided to ignore the proxies and count only the votes of those actually present. The Homeowners alleged this action was in violation of the Association’s bylaws and the Corporations Code; they attached that portion of the Association’s conditions, covenants and restrictions…