If I win a lawsuit against the association, can I recover attorney fees and assessment fees that I paid the association to defend the lawsuit?



In a typical lawsuit between an association and a unit owner, the prevailing party is entitled to recover attorney’s fees. So if you prevail as the unit owner, not only do you get the right to have the association pay your attorney’s fees, you also have the right to have the association pay back that portion of their fees that you paid to them to prosecute or handle the litigation.

An example would be if there were 10 units and you pay a tenth of the fees to the association, you could get back that one tenth of their fees as well as your own attorney fees.