HB 2865
Initials PB Page 1 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2865: homeowners' associations; attorney fees
Sponsor: Representative Carter N, LD 15
Committee on Commerce
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 reason
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)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note