HB 2865
Initials PB Page 1 House Engrossed
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
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)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note