OFFICE OF ADMINISTRATIVE HEARINGS
Department of Fire, Building and Life Safety
Websites:
http://www.azoah.com
http://www.dbfs.state.az.us
Tucson Address:
400 West Congress, Suite 101
Tucson, AZ 85701
April 1, 2007
In 2006, the Arizona 47th Legislature passed legislation that provides the people of Arizona a venue to homeowners and condominium and planned community associations (HOA) to resolve disputes. These administrative procedures do not limit the rights of the parties to pursue matters in the legal system, but provides an alternative. This legislation became law September 21, 2006.
PLEASE NOTE THE FOLLOWING CHANGES EFFECTIVE APRIL 1, 2007:
The filing fee for a single count is $550.
Multiple counts are $2,000.
Filing Fees are NON-Refundable, by law.
(Note: If the plaintiff prevails, the losing party is required to pay them back for the filing fee.)
Filing Fees amount will be reviewed on a regular basis and the current fee amount is effective as of April 1, 2007.
Only an owner or association may petition the Department for a hearing.
An owner’s petition (complaint) must be about a dispute between the owner and the association.
An association’s petition (complaint) must be about 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 management companies.
Signed,
Robert Barger, Director
Department of Fire, Building and Life Safety
OTHER COMMENTS:
An individual may argue his/her case before the Administrative Law Judge, but you will probably see board members and their attorney at the defense table. BE PREPARED. The following are web comments from an individual who presented and won his case under the above conditions:
Pull up http://www.azoah.com/, print all pertinent information and study, study, study.
Be prepared - the board, the witnesses and their lawyer will lie.
Their lawyer is well practiced to make you agree to things you do not agree with.
Do not lose your cool in the court room no matter how many lies are told or how badly you are attacked by the defense. OBJECT to words the defense uses in assuming what they believe you meant, said or interpreted to be true.
Do not attempt to enter any evidence that is not included in your petition. The Judge probably will not allow it.
Subpoena ALL persons you want to question, both friend and foe, as soon as possible after filing. Be sure you get the case number first and insist on and get copies of evidence to be submitted by the defense well in advance of the hearing so you know what you are facing.
Make sure your witnesses are heard before the Defense is permitted to present their case.
Be prepared to be hit with angles and laws you have never heard of - the defense lawyers will pull things out of their hats.
Prepare WELL your opening AND closing statements - you may not be allowed to rebut the defense's closing. If you can do this without reading it, the Judge will be more convinced that you are sincere.
If you can, have a practice trial with friends who challenge you so that you get the feel of the adversarial atmosphere and questions.
ARIZONA OAH PENALIZES HOA FOR INTIMIDATION (2007)
In a historical first, the newly instituted Arizona law that allows HOA complaints to be adjudicated by the Office of Administrative Hearings (OAH) resulted in a penalty order against the HOA for the intimidation of the homeowner. OAH case # 07F-H067006-BFS.
