In 2011, the Arizona Legislature passed legislation providing Arizona homeowners and condominium and planned community associations (HOA’s) a venue for resolving disputes. These administrative procedures provide an alternative to the civil court system and do not limit the legal rights of the parties to further pursue matters. This legislation became law on July 20, 2011.

In 2016, the Arizona Legislature passed legislation moving the Homeowners Association (HOA) Dispute Process to the Arizona Department of Real Estate (ADRE). Link to legislation The Arizona Office of Administrative Hearings (OAH) will accept all cases as referred by the ADRE, and schedule a Hearing date before an Administrate Law Judge (ALJ).

DECIDING ON PETITION SUBMISSION

• Have all means of settlement with the other party been tried (i.e, Mediation)?
• Review the Dispute Resolution process
• Review the information in the Petition form that is available on this site (see above right).
• Questions concerning these forms and/or the process, should be directed to the ADRE HOA Coordinator through ADRE’s Message Center by clicking here. Please do not ask specific HOA questions, as ADRE cannot give legal advice.
• View the HOA Dispute Process BROCHURE by clicking here.

SUBMITTING A PETITION

• All Petitions must be in writing on the form approved by ADRE. Click here to fill out the form.
• Only an owner or association may Petition the Department for a hearing.
• An owner’s Petition (complaint) must be regarding a dispute between the owner and the association. (Do not file against an individual or individual Board member). An association’s Petition (complaint) must be regarding a dispute between the association and the owner.
• The Department cannot accept Petitions (complaints) filed by or against renters, non-owners, directors, representatives, other homeowners or community management companies.
• An incomplete or inaccurate Petition cannot be processed, and will be returned to Petitioner.

FEES

• A single issue complaint is $500. (The new reduced fee is effective July 1, 2016)
• Each additional issue complaint is $500. (Maximum of four total issues)
• Payment may be made by credit card online through the Message Center link or by check or money order to the Arizona Department of Real Estate. (Please note that when paying online you will be sent a link for payment after your Petition is received by ADRE.)
• Filing fees are NON-REFUNDABLE, except when the petition is dismissed at the request of the Petitioner before a hearing is scheduled, or by stipulation of the parties before a hearing is scheduled. A.R.S § 32-2199.01 (B).

AVAILABLE RESOURCES

ARIZONA HOA RELATED LAWS/STATUTES
    Search/Select the Laws/Statutes that pertain to the issue

• HOA Dispute Process, A.R.S. Title 32 Chapter 20, Article 11
• Condominium Act, A.R.S. Title 33 Chapter 9
• Planned Communities Act, A.R.S. Title 33 Chapter 16
• Arizona Non-Profit Corporation Act, A.R.S. Title 10
• 2016 ADRE Legislative Report (HOA Related Bills) click here
• 2017 ADRE Legislative Report (HOA Related Bills) click here
• 2018 ADRE Legislative Report (HOA Related Bills) click here
• HOA Dispute Process Stats click here

ARIZONA GOVERNMENT AGENCY & LEGAL RESOURCES

• Office of Administrative Hearings (OAH), click here
  • Relevant Statutes, Rules, and Procedures click here
• State Bar of Arizona, click here
• AZ Law Help, click here
• Arizona Corporation Commission, click here

Visit the applicable County Recorder’s website to look up Community Documents

• Maricopa County Recorder, click here
• Pima County Recorder, click here
• Pinal County Recorder, click here