A homeowner’s fight against his HOA goes another round in court. This time both sides are claiming victory.
Hidden Forrest homeowner Kent Hern beat his HOA and it's attorney in 2010 when they tried to take his house for past dues even though he tried to later pay up.
But now an appeals court has changed the ruling, saying Hern is not entitled to have the HOA pay his legal bills.
“The homeowners association didn't do anything wrong and that it's not responsible to Mr. Hern for any damages or attorneys fees”, said HOA attorney Tom Newton.
But Newton also was denied his legal fees in the appeal. He asked the court to overturn a Bexar county juries ruling saying he was not entitled to $25,000 for his legal work. Instead he only gets about $800 for his time on the case.
“In the end the court watered down my clients victory a little bit but rather than us winning thirty five to nothing, it was more like twenty one nothing,” said Hern’s attorney Peter Kilpatrick.
The court said Hern was not entitled to have his attorneys fees paid because he did not prove mental anguish. Which means if you take you HOA to court, you're paying for it unless you can prove the case caused you personal harm.
