Homeowners Association Dispute Information
Frequently Asked Questions - HOA
No. The Department does not investigate nor issue disciplinary actions against HOAs, HOA Management Companies, HOA Boards of Directors or HOA members.
Real Estate brokerages may choose to include HOA management as one of their business services. HOA management services are not property management services. If you have a concern regarding a real estate licensee, please File a Complaint.
The Department oversees the HOA Dispute Process established by A.R.S. Title 32 Chapter 20 Article 11. The Department does not regulate HOAs, HOA Management Companies, HOA Boards of Directors or HOA members.
If you have a criminal complaint or a consumer complaint, your local county attorney or the Arizona Attorney General may be able to assist you.
HOA laws are created by the Arizona State Legislature. You may wish to contact your state legislators.
An attorney will be able to advise you on what may be possible for your specific situation. If you do not have your own attorney, two resources that may be helpful to you are the State Bar of Arizona and AZ Law Help.
HOA laws are created by the Arizona State Legislature. You may wish to contact your state legislators.
The HOA Dispute Process is an alternative to civil court. It provides a secondary legal avenue to the public. A.R.S. Title 32, Chapter 20, Article 11.
Every case is different. It may take a few months or a few years to have your case ruled on by an Administrative Law Judge.
You are not required to hire an attorney. You are permitted to hire an attorney if you wish. The other party to your case is permitted to hire an attorney as well.
The person or entity filing a petition.
The person or entity the petition is filed against.
The filing fee is nonrefundable at the time hearing is scheduled by the Office of Administrative Hearings or the Petitioner and Respondent agree to mediation. The Petitioner may be issued a filing fee refund if the parties settle the dispute prior to a hearing being scheduled.
A meeting hosted by the Department at which the Petitioner and Respondent have a civil, productive, and respectful conversation regarding the ongoing dispute. Both parties must agree to participate in the mediation process. The Department may end the mediation if the meeting is unproductive.
Submitting a Petition
To complete the Petition form, click here. Once completed, submit the Petition and all paperwork using ADRE's Message Center, here.
Note:
- The Department cannot accept Petitions 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 HOA Dispute Process can do:
The HOA Dispute Process can provide a venue for disputes between a homeowner and the Association that is outside of the civil court system. Hearings are conducted by an Administrative Law Judge
What the Department cannot do:
- The Department does not investigate HOAs or Homeowners
- The Department does not regulate HOAs.
- 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 answer legal questions or give legal advice.
- You may want to contact your legal representative for any interpretation of or changes to law(s). You may wish to contact AZ Law Help or the Arizona State Bar to find legal resources.