Arizona homeowners and HOAs can petition the Arizona Department of Real Estate (ADRE) for a hearing when they believe the association documents or the HOA statutes were violated (A.R.S. § 32-2199 et seq.). Cases go to the Office of Administrative Hearings. Transcend Community Management helps Maricopa and Pinal County boards resolve disputes early so hearings are rarely needed.
What the ADRE hearing process covers
Under A.R.S. § 32-2199.01, an owner or a planned community or condominium association may file a petition with the Arizona Department of Real Estate about alleged violations of the community documents or of the statutes that regulate planned communities and condominiums (Title 33, Chapters 9 and 16). Common examples include open meeting complaints, records requests, election procedures and enforcement disputes.
The process does not cover disputes between owners where the association is not a party, or disputes with a developer, builder or seller about the design, construction, condition or sale of a home.
How an ADRE petition works
- The petitioner files a written petition on the department’s form, lists the specific complaints, and pays a filing fee set by the commissioner. The fee is refunded if the petition is withdrawn or settled before a hearing is scheduled.
- The department sends the petition to the respondent by certified mail. The respondent has 20 days to answer.
- If the matter is justified and not resolved, the department refers it to the Office of Administrative Hearings, where an administrative law judge hears the case. If the respondent doesn’t answer, the commissioner may issue a default decision.
- Informal settlement is allowed at any point.
The administrative law judge’s decision can order compliance and may be subject to rehearing and judicial review under the related statutes. An association may be represented by an officer, employee or authorized contractor in some circumstances. Check ADRE’s current forms and fees before filing.
When the HOA must tell you about ADRE
Arizona’s violation-notice statute requires associations, in certain situations, to tell owners in writing about the option to petition for an administrative hearing. See our page on Arizona HOA violations and fines for details.
What this means for HOA boards
Most petitions grow from process failures: a missed meeting notice, a late records response, a violation letter missing required details, or an inconsistent decision. The best defense is a documented process. Adopt written policies, follow the open meeting law and records access law, and talk to counsel as soon as a petition arrives so the 20-day response window isn’t missed. Our guide to board communication with homeowners helps prevent disputes.
What this means for homeowners
Before filing, put your concern in writing to the board through management and ask for a specific remedy. Many issues are resolved at that stage. If not, the ADRE process is a lower-cost alternative to court, but you’ll need to show which document provision or statute was violated. Our guide to contacting your HOA board explains how to make your request count.
How Transcend applies this
Transcend’s task-driven systems are designed to prevent the procedural mistakes that lead to petitions: notices go out on time, records requests are tracked to their deadlines, and enforcement files include the documentation the law expects. If a petition is filed, we gather the records the board and association counsel need. Explore our full-service HOA management.
Before you file: practical alternatives
An ADRE hearing is formal. You’ll present evidence, the other side will respond, and a judge decides based on the documents and statutes. Before filing, consider these steps:
- Write to the board. State the issue, cite the provision or statute, and ask for a specific fix by a reasonable date.
- Ask for a meeting. Many misunderstandings disappear in a short conversation with the board or manager.
- Use the hearing you already have. For violations, request the board hearing your documents and Arizona law provide.
- Consider mediation. Some governing documents include alternative dispute resolution steps, and private mediators handle HOA matters.
- Keep records. Save notices, letters, photos and certified mail receipts with dates.
Boards benefit from the same discipline: a clear paper trail, consistent decisions, and timely responses resolve most disputes long before they reach a hearing room.
Quick checklist if you’re considering a petition
- Identify the exact CC&R provision, bylaw or statute you believe was violated.
- Confirm the dispute is with the association, not just a neighbor or builder.
- Gather your evidence: notices, letters, minutes, photos and certified mail receipts.
- Give the board a written chance to fix the issue first.
- Check the department’s current petition form and filing fee before submitting.
Boards that receive a petition should contact counsel right away; our fiduciary duty guide explains why prompt, documented decisions matter.
Disclaimer
This is general information, not legal advice. Arizona statutes are amended often, and how a law applies to your community depends on your declaration (CC&Rs), bylaws, rules and the specific facts. Your governing documents and an Arizona HOA attorney control. Before acting on a legal question, confirm the current statute text on azleg.gov and talk with your association’s counsel.
Frequently asked questions
No. Disputes between owners where the association is not a party are excluded from the ADRE hearing process.
Petitions that move forward are referred to Arizona’s Office of Administrative Hearings, where an administrative law judge hears the case.
The respondent has 20 days after the department sends the petition by certified mail.
No. Disputes with a developer, builder or seller about design, construction or condition of a property are excluded.
This page is general information about Arizona community association practice, not legal advice. Your governing documents and an Arizona HOA attorney control how the law applies to your community. Statutes change; verify current text at azleg.gov.
