REFERENCE TITLE: homeowners' associations; attorney fees

State of Arizona

House of Representatives

Fifty-seventh Legislature

First Regular Session

2025

HB 2865

Introduced by

Representative Carter N

AN ACT

amending title 33, chapter 9, article 3, Arizona Revised Statutes, by adding section 33-1243.01; amending title 33, chapter 16, article 1, Arizona Revised Statutes, by adding SECTION 33-1803.01; relating to condominiums and planned communities.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 33, chapter 9, article 3, Arizona Revised Statutes, is amended by adding section 33-1243.01, to read:

START_STATUTE33-1243.01. Attorney fees; costs

NOTWITHSTANDING any provision in the condominium documents or any agreement between third parties, an association shall not charge or otherwise assess the association's attorney fees and related costs onto one or more unit owners or former unit owners. All parties in any litigation, ARBITRATION, MEDIATION, administrative action or other claim shall bear their own attorney fees and related costs, except that a unit owner or former unit owner may recover attorney fees and related costs against the association if the condominium documents so provide. END_STATUTE

Sec. 2. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1803.01, to read:

START_STATUTE33-1803.01. Attorney fees; costs

NOTWITHSTANDING any provision in the community documents or any agreement between third parties, an association shall not charge or otherwise assess the association's attorney fees and related costs onto one or more members or former members. All parties in any litigation, ARBITRATION, MEDIATION, administrative action or other claim shall bear their own attorney fees and related costs, except that a member or former member may recover attorney fees and related costs against the association if the community documents so provide. END_STATUTE