The Appellate Group

Behar v. Johnson

Behar v. Johnson, 2024 UT App 129 (Harris, J.)

Jurisdiction

A man was elected to be one of five members of his local Homeowners Association (HOA). A year later, his fellow board members voted to remove him from the board. The man filed a lawsuit—which he won—arguing that only members of the HOA, not the board members, could remove him from the board. The district court awarded the man some attorney fees in his victory. The HOA appealed. However, the man argued that the issue should be considered moot on appeal because the members of the HOA had in fact voted him off the board during the pendency of the case. The Utah Court of Appeals affirmed, holding:

  • The district court did not abuse its discretion in its award of attorney fees.
  • Practice Tip: The HOA’s payment of attorney fees did not render the question of whether the man was owed attorney fees moot.

Read the full court opinion