ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: COM DPA 7-3-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2865: homeowners' associations; attorney fees

Sponsor: Representative Carter N, LD 15

House Engrossed

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.   Allows a homeowner who prevails to recover attorney fees and related costs against the association. (Sec. 1, 2)

3.   Specifies that the provisions relating to charging and recovery of attorney fees do not apply to:

a)   claims by the association against third-party vendors, declarants, developers or any individual or entity other than the homeowners who are not declarants; or

b)   an action brought pursuant to statute relating to an action involving development of real property. (Sec. 1, 2)

c)  

d)    

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f)                         HB 2865

g)   Initials PB     Page 0 House Engrossed

h)    

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