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)
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
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
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