The proposed bill, if enacted, would amend current statutes regarding homeowners' associations by explicitly prohibiting these associations from charging or assessing attorney fees and related costs to homeowners or former homeowners. This change would ensure that homeowners are not financially burdened by the legal costs incurred by the association. Additionally, the bill allows homeowners who prevail in legal disputes to recover their attorney fees and related costs from the association.
Furthermore, the bill clarifies that these provisions do not apply to claims made by the association against third-party vendors, developers, or any individuals or entities that are not homeowners. It also maintains the existing exception for actions brought under section 12-552, ensuring that the new regulations do not interfere with certain legal proceedings. Overall, the bill aims to enhance protections for homeowners while maintaining the association's ability to pursue claims against non-homeowners.
Statutes affected: Introduced Version: 33-1243.01, 33-1803.01
House Engrossed Version: 33-1243.01, 33-1803.01, 12-552