A homeowner association is typically not entitled to recover its attorney’s fees from an owner unless it prevails in a court proceeding or arbitration involving the enforcement of the governing documents. However, some association’s governing documents do allow for this so a review of your specific governing documents is needed.
The law provides that in any legal action brought by an owner, or by a homeowner association, to enforce the provisions of the governing documents, the prevailing party shall be entitled to recover his/her attorney’s fees and costs, provided they are reasonable. Some governing documents broaden the right to recover attorney’s fees and costs so that it applies to all disputes relating to the property, including those that do not involve enforcement of the governing documents. In all instances where a right to recover attorney’s fees exists, it will apply in arbitration as well as in court.