The proposed bill, if enacted, would amend existing statutes related to homeowners' associations by prohibiting these associations from charging or assessing attorney fees and related costs to homeowners or former homeowners. Specifically, it introduces new provisions that allow homeowners who prevail in disputes to recover their attorney fees and costs from the association. This change aims to protect homeowners from additional financial burdens associated with legal fees while ensuring they have the opportunity to recover costs if they win their case.
Additionally, the bill clarifies that these provisions do not apply to claims made by the association against third-party vendors, developers, or any entities other than homeowners. It also maintains the existing exceptions for actions brought under specific statutes, ensuring that the new rules do not interfere with established legal processes. Overall, the bill seeks to enhance the rights of homeowners in their dealings with associations while maintaining certain protections for the associations themselves.
Statutes affected: Introduced Version: 33-1243.01, 33-1803.01
House Engrossed Version: 33-1243.01, 33-1803.01, 12-552