Cohen v. Villa La Jolla Townhomes Community Assn.
Plaintiffs and appellants in propria persona Nathan and Barbara Cohen (together the Cohens), who own a condominium in the Villa La Jolla Townhomes complex in La Jolla, California, appeal (1) the trial court's judgment in favor of defendant Villa La Jolla Townhomes Community Association (Association) on the Cohens' complaint for declaratory relief and damages, and (2) the court's award of attorney fees and costs in favor of the Association in an amount exceeding $49,000. In their complaint, the Cohens alleged the Association violated the declaration of covenants, conditions and restrictions of the Villa La Jolla Townhomes by unreasonably failing to maintain and improve specified parts of the common areas of the complex. The Cohens contend that (1) the judgment should be reversed because the court's decision is factually and legally unsupportable, and (2) the court erred in awarding attorney fees to the Association because they, not the Association, were the prevailing parties.Court affirm.
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