Arizona law provides homeowners and homeowners associations a method for resolving disputes between them. This is an alternative to the civil court system, and does not limit the legal rights of the parties to litigate or arbitrate if need be. Strangely those administrative procedures were set up to be heard through the Department of Fire, Building, and Life Safety. This year the Arizona Legislature passed legislation moving the HOA dispute process to a more appropriate forum – the Arizona Department of Real Estate (“ADRE”), and should work better. The Process includes filing of a written Petition to ADRE and assignment to an ombudsman, and a hearing if not resolved. The filing fee is $500 per issue, which is refundable if a hearing date isn’t requested. Contact me for more info on the process.
Do you Have a HOA Dispute? Part 2.
by email@example.com | Jul 28, 2016 | Home Ownership | 1 comment
The process does not work and the ADRE will tell you that it is a waste of time and money.
Of the hundreds submitted every year to the ADRE, only about a dozen are actually processed.
The State of Arizona does not have any governing body for HOA complaints. Yes, it has been assigned to ADRE, but they have NO jurisdiction or authority over the matters. That is why only a very few actually get processed.
I understand it fully, as I used to work at ADRE.