Hearings for Planned Community and Condominium Associations

The OAH may not give legal advice. This page is offered for informational purposes only. Seek legal counsel as necessary.

Hearings may be requested beginning September 21, 2006.

2. How are cases filed?
Pursuant to A.R.S. § 41-2198.01(B), petitions are filed with the Director of the Department of Fire, Building and Life Safety.

3. Who conducts the hearings?
Hearings are provided by the Office of Administrative Hearings whose mission is to provide full, fair, impartial and independent hearings to all parties.

4. Does A.R.S. § 41-2198.01(I) preclude representation of a planned community or condominium association by a licensed attorney?
No. Any legal entity, including a planned community or condominium association, may be represented by an attorney. Pending amendment of Rule 31, Rules of the Supreme Court, and notwithstanding A.R.S. § 41-2198.01(I), such associations may be represented by non-attorneys only under the following circumstances:
Rule 31(c)

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11. Unless otherwise specifically provided for in this rule, in proceedings before the Office of Administrative Hearings, a legal entity may be represented by a full-time officer, partner, member or manager of a limited liability company, or employee, provided that: the legal entity has specifically authorized such person to represent it in the particular matter; such representation is not the person's primary duty to the legal entity, but secondary or incidental to other duties relating to the management or operation of the legal entity; and the person is not receiving separate or additional compensation (other than reimbursement for costs) for such representation.

5. What is the hearing process like?
For a brief video about the hearing process, click here.

For a brief article about the hearing process, click here.

For frequently asked questions, click here.

6. How can I prepare for hearing?
For instructional videos, click here.

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Relevant Statutes, Rules, and Procedures

Statutes Governing Hearings in Codominium and Planned Community Disputes (A.R.S. §§ 41-2198 through 41-2198.05)

Uniform Administrative Hearings Procedures (A.R.S. §§ 41-1092 through A.R.S. § 41-1092.12)

OAH Procedural Rules (Arizona Administartive Code R2-19-101 through R2-19-122)

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Useful Articles

Homeowner Petitions Against An Association
(June 2007)

"Settlement Agreements - Taking the Pen Out of the Judge's Hand"

Scope of the Administrative Hearing
"Hearing Preparation"
"Continuances"
"Putting Your Best Case Forward"

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Submitted Questions

Question: Will the resources [administrative adjudication of disputes between homeowners and associations pursuant to A.R.S. § 41-2198.01(B)] of the Department of Fire, Building and Life Safety be available to homeowner members of Arizona non-profit corporations (social recreational clubs) whose membership is compelled by social agreement, filed of record and appurtenant to the homeowner’s land in a planned unit development? Membership in the country club association like membership in the HOA is mandatory. Noteworthy, the memberships of both associations are the mirror image of one another, are compelled by deed or agreement appurtenant to the homeowner’s land and filed of record in Maricopa County.
Answer: The kinds of hearings that are covered are located in A.R.S. § 41-2198.01(B).

Note that A.R.S. § 41-2198.01(B) references hearings involving associations regulated pursuant to Title 33, Chapters 9 (Condominium Associations) and Chapter 16 (Planned Community Associations.) These sections are accessible through our website homepage under "Research Procedures, Rules and Statutes Affecting Your Case." Definitional sections are found at Condominium Associations and Planned Community Associations.

Question: How long does it take after submitting forms for the hearing to take place?
Answer:The statute provides that the Respondent file an answer within 20 days of the mailing of the petition by the Department of Fire, Building and Life Safety (Department). See A.R.S. § 41-2198.01(D).
Upon receipt of a timely answer, the Department will request that the OAH provide a date, time and location for the hearing. See Rule R2-19-101. This information will be included in the Department's Notice of Hearing. There must be at least 30 days notice to the parties prior to the hearing See A.R.S. § 41-1092.05(B). The hearing should be set within 60 days of the Department's request unless there is good cause for a continuance. See A.R.S. § 41-1092.05(A)(2)

Question: If you lose your case do you pay any costs other than your filing fee. i.e. court costs or costs of the winning side?
Answer: The statute is silent on that issue. If raised, it will be addressed by the Administrative Law Judge after hearing from all parties.

Question: Can homeowners with similar issues all file together in one action or must each file separately?
Answer:Each petition has one petitioner, and each petition will be treated as an individual case. After the cases are referred to the OAH and set for hearing, the cases may be consolidated. See Rule R2-19-109.

Question: Can more than one issue be dealt with in a hearing or must each issue be a separate hearing.
Answer:Multiple issues raised by a single petitioner can be raised in the same petition. There is a different filing fee for single allegation and multi-allegation petitions.petition form.

Question: The law creating the hearings before the OAH involving homeowner and condominium assocations do not provide for specific penalties. If my association is breaking the law of the State of Arizona (e.g. A.R.S. § 33-1802 through A.R.S. § 33-1813), why is there not a system of known penalties just as there are known penalties for breaking the laws of other Arizona statutes?
Answer:This question is best posed to the Arizona Legislature which considered and passed HB2824.

Question: If an association dissolves, can cases be filed against it for past grievances?
Answer: The OAH may not give legal advice. In addition, as statutory interpretation and application is often specific to the facts of a case, the OAH will not comment outside of an actual case in which both parties may be heard regarding their respective positions.

Question: If an HOA is breaking an Arizona Law regarding the Annual Election of the Board of Directors, is the OAH able to grant an injunction to stop the election until the matter may be heard by the ALJ? If so, is there an expedited process for filing the injunction?
Answer: The authority of the OAH is specified in § 41-2198.02. There is no provision for pre-hearing injunctive relief.

Question: What action can be taken to have an ALJ clarify or reconsider his or her decision? What action can be taken to enforce the ALJ's order following a hearing?
Answer: Once a decision is issued, the matter is no longer before the OAH. There is no provision for rehearing or review. The decision of the ALJ may be appealed to Superior Court. See A.R.S. § 41-2198.02(B); A.R.S. § 41-1092.08(H).

There are no enforcement mechanism before the OAH. Enforcement is through a contempt proceeding in Superior Court. § 41-2198.02(B).

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addressee: oah@azoah.com Submit questions to be included in this webpage here...

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