AZ Attorney General's about face on HOA adjudication by OAH agency

Arizona’s milestone achievement of providing an independent tribunal to adjudicate homeowners complaints against their HOA just hit a brick wall.  After four attempts by CAI member attorneys, a superior court ruling was obtained, by default, declaring the statute unconstitutional.  A violation of the separation of powers had occurred, the trial judge ruled.  He enjoined the Arizona Office of Administrative Hearings from hearing any new petitions and to cease hearing any current cases.

An excellent commentary on this sad day for justice in America can be found on the Arizona HOA Case Reviews blog, and reading the entries for “Examining . . . ” and “Alert . . . ”  Each has several exchanges of comments between readers and the attorney for the HOA.

This constitutional challenge was decided by default when the Attorney General’s office, the agency’s lawyer, declined to get involved.  The OAH and DFBLS were the defendants with the homeowner classified as the “real party in interest.”  What a disgraceful action by the AG’s office, especially when it had previously filed a brief, in the underlying case, in support of constitutionality.

Furthermore, the Arizona Legislature also took a “Who, me?” position and did nothing in support of the statute.

Background informatioin can be found by simplying doing a search on “OAH” at the blog site.

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Published in: on February 6, 2009 at 6:53 pm  Leave a Comment  

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