HOMEOWNERS ASSOCIATION DISPUTE PROCESS
In 2011, the Arizona Legislature passed legislation providing Arizona homeowners and condominium and planned community associations (HOA’s) a venue for resolving disputes. These administrative procedures provide an alternative to the civil court system and do not limit the legal rights of the parties to further pursue matters. This legislation became law on July 20, 2011.
In 2016, the Arizona Legislature passed legislation moving the Homeowners Association (HOA) Dispute Process to the Arizona Department of Real Estate (ADRE).
Link to legislation The Arizona Office of Administrative Hearings (OAH) will accept all cases as referred by the ADRE, and schedule a Hearing date before an Administrate Law Judge (ALJ).
DECIDING ON PETITION SUBMISSION
SUBMITTING A PETITION
- Have all means of settlement with the other party been tried (i.e, Mediation)?
- Review the Dispute Resolution process
- Review the information in the Petition form that is available on this site (see above right).
- Questions concerning these forms and/or the process, should be directed to the ADRE HOA Ombudsman through ADRE’s Message Center by clicking here. Please do not ask specific HOA questions, as ADRE cannot give legal advice.
- View the HOA Dispute Process BROCHURE by clicking here.
- All Petitions must be in writing on the form approved by ADRE. Click here to fill out the form.
- Only an owner or association may Petition the Department for a hearing.
- An owner’s Petition (complaint) must be regarding a dispute between the owner and the association. (Do not file against an individual or individual Board member). An association’s Petition (complaint) must be regarding a dispute between the association and the owner.
- The Department cannot accept Petitions (complaints) filed by or against renters, non-owners, directors, representatives, other homeowners or community management companies.
- An incomplete or inaccurate Petition cannot be processed, and will be returned to Petitioner.
- A single issue complaint is $500. (The new reduced fee is effective July 1, 2016)
- Each additional issue complaint is $500. (Maximum of four total issues)
- Payment may be made by credit card online through the Message Center link or by check or money order to the Arizona Department of Real Estate. (Please note that when paying online you will be sent a link for payment after your Petition is received by ADRE.)
- Filing fees are NON-REFUNDABLE, except when the petition is dismissed at the request of the Petitioner before a hearing is scheduled, or by stipulation of the parties before a hearing is scheduled. A.R.S § 32-2199.01 (B).
ARIZONA HOA RELATED LAWS/STATUTES
Search/Select the Laws/Statutes that pertain to the issue
ARIZONA GOVERNMENT AGENCY & LEGAL RESOURCES
Visit the applicable County Recorder’s website to look up Community Documents
ASSOCIATION AND PRIVATE SECTOR RESOURCES
- Arizona Association of Community Managers (AACM), click here
- Community Associations Institute (CAI), click here