Unawarded attorney fees above reasonable amount
Does an HOA board have to pay the balance off of unawarded attorney fees by a court? For instance, if a judge awards reasonable attorney fees and costs in a court case but the attorney bill is over and beyond that, is the Association responsible for the balance of fees/costs remaining that the court did not deem to be a reasonable amount?
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Ann,
The court decides the reasonableness of attorney’s fees. While I’m not an attorney I believe that the situation is like this. If the association lost in a case and the plaintiff was awarded attorney’s fees, then the association would only have to pay the awarded fees. If the association prevailed and the court charged a reduced portion of the attorney’s fees to the plaintiff, then the amount awarded was determined to be the full extent of the attorneys fees that were reasonable. The attorney basically overcharged and is not entitled to any addition compensation.
Dennis
Thanks, Our Association attorney says we will pay his entire fee, over and above that deemed reasonable by the court. Maybe it is time to look at his Association contract.