In a fight with your HOA, attorney fees can dwarf the underlying dispute, and associations often shift their legal costs onto the owner. This bill addresses the attorney fees an HOA can charge or recover from a homeowner — one of the biggest financial risks in an HOA dispute.
In short: Addresses the attorney fees an HOA can charge or recover from a homeowner in a dispute.
Passed House only Pro-homeowner
Precludes an association from charging or assessing their attorney fees and costs onto a homeowner.
For homeowners: Pro-homeowner: it prohibits the association from charging its own attorney fees and costs onto owners while still letting a prevailing owner recover fees, removing the fee-leverage boards use to pressure settlements. It carefully preserves association recovery against third-party vendors, declarants, and developers, so it targets the owner-vs-HOA imbalance only. Passed the House only.
What the bill actually does, point by point — from the Arizona Legislature’s official fact sheet.
- Prohibits an association from charging or otherwise assessing the association's attorney fees and related costs onto one or more homeowners or former owners. (Sec. 1, 2)
- Allows a homeowner who prevails to recover attorney fees and related costs against the association. (Sec. 1, 2)
- Specifies that the provisions relating to charging and recovery of attorney fees do not apply to: a) claims by the association against third-party vendors, declarants, developers or any individual or entity other than the homeowners who are not declarants; or b) an action brought pursuant to statute relating to an action involving development of real property. (Sec. 1, 2) c) d) e)
The A.R.S. sections this bill amends, adds, or repeals — taken from the bill text. Click one to read the current law.
Official bill page (azleg.gov) → Full bill text → Fact sheet / summary → Bill history (LegiScan) →
Organizations and industry insiders who registered a position on this bill through the Legislature’s public Request to Speak system — simply where each stood: For, Against, or Neutral. Individual homeowners are not listed. Whether this bill helps or hurts homeowners is our own read, shown by its label above — a group’s position doesn’t set our call. Each row links to that entity’s report card and to the source at azleg.gov.
The recorded third-reading roll call. On the contested HOA bills this splits along party lines; see a member’s page for detail.
House — 40 Yea / 15 Nay