03-23-25 Status:

Currently stalled in Senate Committee: Government Affairs

HB 2865: Latest update 04-03-25

The last day for the Senate to hear House bills in Committee was 03-27-25. This bill has been held in Committee in the Senate and will not likely be heard in the Committee. The bill will be monitored until the Legislative session is over at the end of April.

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Overview

Precludes an association from charging or assessing their attorney fees and costs onto a homeowner.

Provisions

1.   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)

2.   Allows a homeowner who prevails to recover attorney fees and related costs against the association. (Sec. 1, 2)

3.   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)

Passed House  3/3/25        42-Y              15-N              3-NV

Assigned to Senate Government Affairs Committee

(This legislation is not supported by the SCOV Board of Directors, SCOV Management and the Community Associations Institute CAI)