AZ OAH adjudication bill moves to House

Arizona’s effort to restore independent adjudication of HOA disputes passed the Senate 28 – 1 – 1, and was sent on to the House.

Congratulations to Senator Andy Biggs and all senators voting for justice for homeowners.

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Published in: on February 13, 2011 at 7:28 am  Comments (1)  

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  1. In 2006 the Arizona Legislature passed HB 2824, which allowed homeowners to take their grievances before an Administrative Law Judge for a modest fee. In January of 2007 a group of Apache Wells homeowners took their concern over a $650 increase in their transfer fee to the Office of Administrative Hearings to have it reduced to a more reasonable amount. In January 2007 an ALJ ruled that it should be lowered from $950 to $300, stating that the increase was arbitrary and capricious. The AWHOA Board appealed the ALJ’s decision to the Arizona Superior Court and in November 2007 the ruling of the ALJ was overturned, stating that the Department of Fire, Building & Life Safety did not have jurisdiction to consider whether the transfer fee was valid. In February 2009 a Superior Court judge issued an injunction prohibiting the OAH from hearing homeowner complaints. In November 2010 OAH/ALJ adjudication was ruled unconstitutional, leaving homeowners without an affordable way to fight abuses by their HOAs. In January 2011 Senator Andy Biggs stepped up to the plate by sponsoring SB 1148 which was recently passed by the Senate and will hopefully make its way through the House and become law. We are urging our homeowners to contact their legislators in support of SB 1148 and look forward to the reestablishment of the DFBLS/OAH/ALJ adjudication option to HOA residents.


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