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 existing agreements or community documents. Additionally, it would establish that all parties involved in litigation, arbitration, mediation, or other claims must bear their own attorney fees and costs, with the exception that homeowners may recover such fees from the association if allowed by the governing documents.
The bill would also remove existing language that requires parties to bear their own attorney fees and instead allow homeowners to recover fees against the association if they prevail in a dispute. Furthermore, it clarifies that these provisions do not apply to actions related to the development of real property, ensuring that certain legal actions remain unaffected by the new regulations.
Statutes affected: Introduced Version: 33-1243.01, 33-1803.01