Hi all — I’m following up on a post I made over a year ago regarding a dispute with my former neighbor in an HOA community: [Original Post](https://www.reddit.com/r/legaladvice/comments/17kskaq/neighbor_wants_us_to_remove_trees_trench_and/) At the time, the neighbor was demanding that I remove trees and trench my property due to alleged view obstruction and root intrusion. I consulted with an attorney back then who told me to wait and see if the neighbor actually filed a lawsuit, as the demands seemed like a scare tactic. Their advice was to assume he might just be bluffing unless I was formally served. **Fast forward:** I sold the property and moved out of the HOA community. A few weeks **after the sale was finalized**, I was served with a lawsuit from the same neighbor. The lawsuit includes eight causes of action, mostly related to HOA CC&R violations, nuisance, and alleged property damage from tree roots. **The plaintiff is still a member of the HOA. I am not.** I no longer owned the property and was not a member of the HOA when the lawsuit was filed. **My homeowner’s insurance is providing a defense attorney that will be defending me wholly but will only financially cover the property damage claims.** They will not cover any claims related to HOA CC&R violations, "loss of enjoyment," nuisance, or attorneys’ fees. The claims adjuster also told me that I could be responsible for the plaintiff’s full attorneys’ fees if he prevails on **any portion** of the case, even a minor claim. They are pointing to this clause in the HOA CC&Rs: *(i) Attorneys Fees.* *Any judgment rendered in any action or proceeding pursuant to this Declaration shall include a sum for attorneys’ fees in such amount as the court or arbitrator, as applicable, may deem reasonable, in favor of the prevailing party...* # 🔹 What I’m really trying to understand: Does the HOA’s CC&Rs and this attorneys’ fee provision still apply to me, even though: * I was **not a member of the HOA** at the time the lawsuit was filed. * I had already **sold the home** and was no longer bound by the CC&Rs. * **The HOA did not have any open or pending violations against me at the time of the sale.** * The claims are mostly based on alleged violations while I lived there. Is it common or even legally valid for CC&R provisions to be enforced against a **former homeowner**, when the lawsuit was filed after the sale? **Has anyone dealt with a similar situation?** Any legal insight, personal experience, or thoughts would be really appreciated. I’m trying to gauge how much personal exposure I truly have beyond what my insurance is covering. *(I understand this is not formal legal advice, just looking for shared experiences and general guidance.)* Location: California