House Engrossed homeowners' associations; attorney fees State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2865 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)
House Engrossed homeowners' associations; attorney fees
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE BILL 2865
House Engrossed
homeowners' associations; attorney fees
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE BILL 2865
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 A. NOTWITHSTANDING any provision in the condominium documents or any agreement between third parties and NOTWITHSTANDING any other provision in this chapter, 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. a unit owner or former unit owner may recover attorney fees and related costs against the association if the unit owner or former unit owner prevails. This subsection does not apply to claims by the association against third-party vendors, declarants, developers or any individual or ENTITY other than unit owners or former unit owners who are not declarants. B. Subsection A of this section does not apply to any action brought pursuant to section 12-552.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 A. NOTWITHSTANDING any provision in the community documents or any agreement between third parties and NOTWITHSTANDING any other provision in this chapter, an association shall not charge or otherwise assess the association's attorney fees and related costs onto one or more members or former members. a member or former member may recover attorney fees and related costs against the association if the member or former member prevails. This subsection does not apply to claims by the association against third-party vendors, declarants, developers or any individual or ENTITY other than members or former members who are not declarants. B. Subsection A of this section does not apply to any action brought pursuant to section 12-552. END_STATUTE[the community documents so provide][the member or former member prevails]. [B. Subsection A of this section does not apply to any action prescribed by section 12-552]
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
A. NOTWITHSTANDING any provision in the condominium documents or any agreement between third parties and NOTWITHSTANDING any other provision in this chapter, 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. a unit owner or former unit owner may recover attorney fees and related costs against the association if the unit owner or former unit owner prevails. This subsection does not apply to claims by the association against third-party vendors, declarants, developers or any individual or ENTITY other than unit owners or former unit owners who are not declarants.
B. Subsection A of this section does not apply to any action brought pursuant to section 12-552.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
A. NOTWITHSTANDING any provision in the community documents or any agreement between third parties and NOTWITHSTANDING any other provision in this chapter, an association shall not charge or otherwise assess the association's attorney fees and related costs onto one or more members or former members. a member or former member may recover attorney fees and related costs against the association if the member or former member prevails. This subsection does not apply to claims by the association against third-party vendors, declarants, developers or any individual or ENTITY other than members or former members who are not declarants.
B. Subsection A of this section does not apply to any action brought pursuant to section 12-552. END_STATUTE[the community documents so provide][the member or former member prevails].
[B. Subsection A of this section does not apply to any action prescribed by section 12-552]