Tucson Estates Property Owners Association, Inc. v. McGovern, Sines

OPINION

MILLER, Judge:

¶ 1 We address whether A.R.S. § 12-341.01 requires an award of attorney fees to the prevailing party if the contract that authorizes such fees mandates an award to the other party but is silent as to the prevailing party. As a matter of statutory interpretation, we conclude that § 12-341.01(A) permits a fees award in this situation but does not mandate it.

¶ 2 Holly McGovern and Donald Sines (collectively, “Appellants”) appeal the trial court's denial of their request for attorney fees and costs against Tucson Estates Property Owners Association (TEPOA) after its request…