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Posted By AlbertK on 02/06/2009 3:07 PM
I read where the Arizona Legislature is contemplating reinstating the HOA Court.
I need directions to find out what this HOA Court is all about. Awaiting any comments and thank you.
Albert,
I think you're a bit confused. There never has been an HOA "court". However, in 2006, legislation was enacted giving the Dept of Fire, Buildings, and Life Safety (DFBLS) jurisdiction over HOAs, but only for adjudication of homeowner complaints. i believe this State dept was chosen because they also regulate mobile home parks. The complaints were handled by the Office of Administrative Hearings (which handles all State department complaints) with Administrative Law Judges hearing and deciding the complaint. Recently a case was appealed to the Maricopa Co. Superior Court where the judge ruled that because the DFBLS does not in any way regulate HOAs, moving disputes to the Executive Branch was a violation of the AZ Constitution. Therefore, any pending AJL matters are suspended and the DFBLS is prohibited from taking any new cases.
If you are having problems with your HOA, I'm afraid you are on your own -- and on your own dime. There is no State agency to help you whatsoever! If you live in Glendale, the city does offer mediation to Glendale residents at no cost.