HB2865 Summary

• Prohibits condominium associations from charging or assessing their attorney fees and related costs to unit owners or former unit owners, regardless of provisions in condominium documents or other agreements.

• Allows unit owners or former unit owners to recover attorney fees and related costs from the association if they prevail in a dispute.

• Exempts from these restrictions claims by the association against third-party vendors, declarants, developers, or entities other than unit owners or former unit owners.

• Applies the same attorney fees restrictions to planned community associations and their members or former members.

• Does not apply these restrictions to actions brought under section 12-552 (prevailing party attorney fees statute).