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2012 SESSION
HB 410 Condominium and Property Owners' Association Acts; recovery of attorney fees, costs, and interest.
Introduced by: Vivian E. Watts | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Condominium and Property Owners' Association Acts; recovery of costs and interest. Provides that in cases in which the prevailing party is the association in an action against an owner for nonpayment of assessments in which the owner has failed to pay assessments levied by the association on more than one unit or lot, or when the unit or lot owner has had legal actions taken against him for nonpayment of any prior assessment, the award of reasonable attorney fees, costs, and interest on the judgment is mandatory with the court. The bill also provides in such instances that reasonable attorney fees, costs expended in the matter, and interest can be recovered even if the proceeding is settled prior to judgment. Finally, the bill provides that the delinquent owner is personally responsible for all reasonable costs and attorney fees incurred by the association whether any judicial proceedings are filed.
SUMMARY AS PASSED HOUSE:
Condominium and Property Owners' Association Acts; recovery of costs and interest. Provides that in cases in which the prevailing party is the association in an action against an owner for nonpayment of assessments in which the owner has repeatedly failed to pay assessments levied by the association, the award of reasonable attorney fees, costs expended in the matter, and interest on the judgment is mandatory with the court. The bill also provides in such instances that reasonable attorney fees, costs expended in the matter, and interest can be recovered even if the proceeding is settled prior to judgment. Finally, the bill provides that the delinquent owner is personally responsible for all reasonable costs and attorney fees incurred by the association whether any judicial proceedings are filed.
SUMMARY AS INTRODUCED:
Condominium and Property Owners' Association Acts; recovery of costs and interest. Provides that in cases in which the prevailing party is the association in an action against an owner for nonpayment of assessments in which the owner has repeatedly failed to pay assessments levied by the association, the award of reasonable attorney fees, costs expended in the matter, and interest on the judgment is mandatory with the court.