Filing with AZDRE against HOA
Looking for info on filing AZDRE petition against HOA.
Dispute has been going on for many months (long story short – neighbor harassing us). The management company is always nice but we are tired of waiting for them to enforce the rules.
If anyone has gone through the process recently, we are wondering if the hearing is virtual or in person? Also, the website says scheduled about 30 days after filing. Is that accurate or could there be delays?
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Debra,
The ADRE dispute resolution process is a very limited process established by law. It is restricted to issues between a homeowner and the association and cannot be used for disputes between homeowners. It is also limited to alleged violation of Chapters 9 or 16 of Title 33 or violation of the associations governing documents. If you cannot point to a specific provision of the law or of the governing documents that you claim the association is violating, you cannot use that system because it would be beyond the authority of the law for that tribunal to adjudicate.
Unfortunately, any issue that cannot be addressed before an administrative law judge must then be presented to either municipal or justice court or superior court. I would never take an HOA issue to either Municipal of Justice court but you could take a harassment issue to them, to request an injunction against harassment.
If you believe that the association is not complying with the law or a specific provision of the governing documents than write me at azhoatruth@gmail.com and i’ll provide you all the guidance you need to file and prepare your case for your petition.
Dennis