Retzloff

*745 Plaintiffs Amber Retzloff, James Franklin, and Nancy Stewart sued defendant Moulton Parkway Residents' Association, No. One (the association), twice for alleged violations of the Davis-Stirling Common Interest Development Act ( Civ. Code, § 4000 et seq. ; the Act). The first suit was dismissed without prejudice by plaintiffs; the trial court sustained the association's demurrer to the second suit without leave to amend. The court further concluded that plaintiffs' second action was frivolous and awarded the *746 association costs and attorney *333 fees under Civil Code section 5235 1 , subdivision (c) ( section 5235(c) ). Plaintiffs appeal this award.

Section 5235(c) states that a court may award a prevailing association "any costs." The association contends, and the trial court agreed, that "any costs" includes attorney fees. A plain reading of the statute, however, does not support this interpretation. As such, the association was erroneously awarded attorney fees and is entitled only to costs. We publish to clarify this point of statutory interpretation, which appears to be a matter of first impression.

Further, section 5235(c) permits a cost award to a prevailing…