Texas Condo Association Wins Reinstatement of Attorneys’ Fees

A condominium association won its bid to get its attorneys’ fees award reinstated from a take-nothing judgment against a unit owner who accused the organization of breach of fiduciary duty and negligence, after the Texas Supreme Court ruled Friday that it qualifies as a prevailing party.

David Atkinson sued Sunchase IV Homeowners Association Inc. and its board after Hurricane Dolly caused damage to his unit in 2008. He alleged Sunchase, which administered and managed the condominium in South Padre Island, schemed to keep insurance disbursements and shift the cost of repairs to himself and other unit owners.

A jury found ...