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!