AZ HOA due process by OAH being challenged once again

After 7 years in effect, Arizona’s OAH adjudication of HOA disputes is once more under challenge as an unconstitutional statute, violating the separation of powers doctrine.  Carpenter Hazlewood tried 3 times in 2008 – 2011 and eventually had the old statutes declared unconstitutional.  After the decision, the statutes were changed to accommodate the court’s decision.  (SB 1148, Ch. 185 2011).

The case is CBS-136 HOA v. Cohen, LC 2018-00316 in Maricopa Superior Court.  My fear, as with the earlier cases, no one from the Legislature or DFBLS (now ADRE) or the AG will come to the defense of the statutes.  So, we can expect another defeat with another “in your face” to homeowners —  we don’t really care!

However, this time being too big may work in our favor.  It’s my understanding that if a statute is declared unconstitutional means that it was never law.  That would make the OAH petitions over the past 7 years without effect, or not legal, since no law existed at the time.  It would be like a dirty prosecutor whose cases are now subject to appeal and reexamination to see if they survive scrutiny.  What havoc that would create!

Very interesting!

Published in: on August 21, 2018 at 7:53 am  Comments (3)  

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3 CommentsLeave a comment

  1. […] is currently facing in her defense of legally valid OAH decisions that are enforceable.  (See AZ HOA due process by OAH being challenged once again.)  So the game is rigged against the homeowner who, to preserve her OAH decision, must fight the […]

  2. Why is Carpenter Hazelwood opposing a process that helps resolve HOA issues at a minimum expense? It is because it interferes with Carpenter Hazelwood’s profitable billing practice? Example, a very simple case that should have cost about $8,000 to get an injunction cost over $250,000. This should never be allowed to happen. Carpenter Hazelwood ran up fees and the insurance company paid. Carpenter Hazelwood and the HOA lost. End result: Carpenter Hazelwood got paid their high fees by the insurance company and the HOA lost their D&O coverage. Who gets hurt? The HOAs and homeowners. Who profits? Carpenter Hazelwood. AZ HOA process by OAH should stand and not have Carpenter Hazelwood interfere with HOA homeowner’s ability to defend their rights. One solution: HOAs and insurance companies should not hire Carpenter Hazelwood or any other law firm that opposes any homeowner’s ability to defend their rights at a reasonable cost. Follow the money and you will know why they are opposing AZ HOA due process by OAH.

  3. […] See full post at  AZ HOA due process by OAH being challenged once again […]

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