Kosty v. South Shore Harbour Community Association

This is an appeal from the trial courts final order confirming an arbitration award entered in favor of South Shore Harbour Community Association, Inc. ("South Shore"), appellee, and against John and Elaine Kosty ("the Kostys"), appellants. The trial courts order also modified the arbitrators award by awarding $5,386.43 against the Kostys for South Shores attorneys fees and costs of arbitration. The Kostys are homeowners in South Shore Harbour in League City, Texas, a planned community that has South Shore as its homeowners association, and the underlying litigation concerns the adequacy of a potted plant used to conceal trash cans. In two issues on appeal, the Kostys contend that the trial court erred by confirming the arbitrators award because the arbitrator refused to hear evidence material to the controversy, and by modifying the arbitrators award to include attorneys fees after the arbitrator expressly declined to do so. We conclude that the trial court erred by awarding attorneys fees that were not included in the arbitrators award and therefore modify the judgment of the trial court to delete the award for attorneys fees in the amount of $3,786.43. We affirm the trial courts order as so modified.