If enacted, this bill would amend current statutes regarding homeowners' associations and their ability to charge attorney fees. Specifically, it would insert provisions that prohibit associations from charging or assessing their attorney fees and related costs onto homeowners or former owners, regardless of any agreements or condominium documents. Homeowners or former owners who prevail in legal actions against the association would be allowed to recover their attorney fees and related costs. This change aims to protect homeowners from bearing the financial burden of legal fees incurred by the association.

Additionally, the bill clarifies that these provisions do not apply to claims made by the association against third-party vendors, declarants, or developers, nor to actions brought under specific statutes. The current language regarding the applicability of these provisions would remain unchanged, ensuring that the new restrictions on attorney fees are clearly defined while maintaining existing legal frameworks for other types of claims.

Statutes affected:
Introduced Version: 33-1243.01, 33-1803.01
House Engrossed Version: 33-1243.01, 33-1803.01, 12-552