ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: COM DPA 7-3-0-0

---

HB 2865: homeowners' associations; attorney fees

Sponsor: Representative Carter N, LD 15

Caucus & COW

Overview

Precludes an association from charging or assessing their attorney fees and costs onto a homeowner.

History

An association has a lien for homeowner expenses after the entry of a judgment in a civil suit for those expenses from a court of competent jurisdiction and the recording of that judgment in the office of the county recorder. A judgment or decree may include costs and reasonable attorney fees for the prevailing party (A.R.S. §§ 33-1256, 33-1807).

Provisions

1. Prohibits an association from charging or otherwise assessing the association's attorney fees and related costs onto one or more homeowners or former owners. (Sec. 1, 2)

2. Asserts all parties in any litigation, arbitration, mediation, administrative action or other claim must bear their own attorney fees and related costs. (Sec. 1, 2)

3. Allows a homeowner to recover attorney fees and related costs against the association as the governing documents provide. (Sec. 1, 2)

Amendments

Committee on Commerce

1. Removes language relating to the requirement for parties to bear their own attorney fees and related costs.

2. Allows a homeowner to recover attorney fees and related costs against the association if the homeowner prevails, rather than as provided in the community documents.

3. Adds that the provisions relating to charging and recovery of attorney fees do not apply to an action brought pursuant to statute relating to an action involving development of real property.

---------- DOCUMENT FOOTER ---------

                        HB 2865

Initials PB     Page 0 Caucus & COW

---------- DOCUMENT FOOTER ---------