Homeowners Association Dispute Process
SUBMITTING A PETITION
- To complete the Petition form, click here.
- Submit the completed Petition and all paperwork using ADRE's Message Center, here.
- 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 will not be processed, and will be returned to Petitioner.
DECIDING ON PETITION SUBMISSION
- Know that only an owner or association may submit a Petition 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.
- Know that continuances of hearing dates are not infrequent, are 100% outside of the Department's control, and may cause the process to span many months.
- Know and attempt the alternatives to a HOA Disput Petition:
- Talk to the other party or HOA Board.
- Participate in community meetings, voting, or elections.
- Have all means of settlement with the other party been tried (i.e, Mediation)?
WHAT THE DEPARTMENT WILL DO:
- Act as a intermediary for homeowners, HOAs and the Office of Administrative Hearings; collecting petitions, paperwork and fees and submitting petitions to the Office of Administrative Hearings once the petition is complete and a response has been received from the respondent.
WHAT THE DEPARTMENT CANNOT DO:
- The Department does not regulate HOAs.
- The Department cannot require an HOA or Homeowner to comply with CCRs or By-Laws.
- The Department does not investigate HOAs or Homeowners.
- The Department cannot advise on what an HOA is allowed to do nor can the Department advise on what an HOA is not allowed to do.
- The Department cannot provide legal advice or answer legal questions.
- 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. (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.
ARIZONA HOA RELATED LAWS/STATUTES
Search/Select the Laws/Statutes that pertain to the issue
ARIZONA GOVERNMENT AGENCY & LEGAL RESOURCES
Visit the applicable County Recorder’s website to look up Community Documents
Review our frequently asked questions about the consumers process and more.
VIEW THE FAQ