[§514B-157]  Attorneys' fees, delinquent assessments, and
expenses of enforcement.  (a) 
All costs and expenses, including reasonable attorneys' fees, incurred by or on
behalf of the association for:



(1)  Collecting
any delinquent assessments against any owner's unit;



(2)  Foreclosing
any lien thereon; or



(3)  Enforcing any
provision of the declaration, bylaws, house rules, and this chapter, or the
rules of the real estate commission;



against an
owner, occupant, tenant, employee of an owner, or any other person who may in
any manner use the property, shall be promptly paid on demand to the
association by such person or persons; provided that if the claims upon which
the association takes any action are not substantiated, all costs and expenses,
including reasonable attorneys' fees, incurred by any such person or persons as
a result of the action of the association, shall be promptly paid on demand to
such person or persons by the association.



(b)  If any
claim by an owner is substantiated in any action against an association, any of
its officers or directors, or its board to enforce any provision of the
declaration, bylaws, house rules, or this chapter, then all reasonable and
necessary expenses, costs, and attorneys' fees incurred by an owner shall be
awarded to such owner; provided that no such award shall be made in any
derivative action unless:



(1)  The owner
first shall have demanded and allowed reasonable time for the board to pursue
such enforcement; or



(2)  The owner
demonstrates to the satisfaction of the court that a demand for enforcement
made to the board would have been fruitless.



If any
claim by an owner is not substantiated in any court action against an
association, any of its officers or directors, or its board to enforce any
provision of the declaration, bylaws, house rules, or this chapter, then all
reasonable and necessary expenses, costs, and attorneys' fees incurred by an
association shall be awarded to the association, unless before filing the
action in court the owner has first submitted the claim to mediation, or to
arbitration under subpart D, and made a good faith effort to resolve the
dispute under any of those procedures. [L 2004, c
164, pt of §2]