It has been a long time in coming since Arizona, under the Administrative Procedures Act, provided for the Office of Administrative Hearings (OAH) to hear complaints between homeowners and their association. After some 16 years, a NH bill also seeks OAH processing of HOA complaints.
Arizona House bill HB 2824 became Ariz. Sess. L. Ch. 324 2006. After several CAI attempts to have it declared unconstitutional, the statute was modified: Ariz. Sess. L. Ch. 185 2011 (SB 1148, Andy Biggs, sponsor, now US Senator Biggs). I had initiated this approach to HOA due process and justice for homeowners in 2005 meeting with the then OAH Director and recommending OAH to Rep. E. Farnsworth.
I also engaged in the CAI lawsuits that oppossed OAH and filed a pro se amicus curiae brief with the AZ Supreme Court in Gelb v. DFBLS. The result was an order to the appellate court, which supported unconstitutionality, that its opinion is inadmissible as precedent, defeating CAI’s attempts.
Today, I am pleased to see, some 16 years later, that SB 324 has been introduced before the New Hampshire General Court of New Hampshire (as its legislature is named), calling for the hearing of HOA and condominium complaints by means of NH’s APA /OAH statutes. It has some interesting differences in that the complaints are not submitted to the real estate department but to a Dispute Resolution Board whose members are appointed by the Governor as basically all other agencies appointments are made.
That’s good news to hear! It’s another pro-member bill to restore constitutional and fundamental rights and freedoms to citizens living in HOA-Land.