Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, First Regular Session
FACT SHEET FOR S.B. 1060
homeowners' associations; dispute process
Purpose
Contains technical changes regarding the transfer of the administrative hearings dispute process for members of a unit owners' association (UOA) or homeowners' association (HOA) from the dissolved Department of Fire, Building and Life Safety (DFBLS) to the Arizona Department of Real Estate Department (ADRE).
Background
Laws 2011, Chapter 185 made DFBLS responsible for the administrative hearing process overseeing complaints between UOAs and HOAs and individual member owners. The administrative hearing process allowed a petition to be filed with DFBLS by a UOA, HOA or an individual member owner. Upon review of the petition, DFBLS referred the case to the Office of Administrative Hearings (OAH), where an administrative law judge had the authority to adjudicate complaints between UOA, HOA and individual member owners. Laws 2016, Chapter 128 transferred the administrative hearing dispute from DFBLS for UOAs and HOAs to ADRE.
The Uniform Administrative Hearing Procedures, which regulate OAH proceedings, mandate that appealable actions be held within 60 days after the notice of appeal is filed, contested cases be held within 60 days after the agency's request for a hearing, and the OAH prepare and serve a notice of hearing on all parties to the appeal or contested case at least 30 days before the hearing (A.R.S. § 41-1092.05). All parties have the opportunity to respond, present evidence and deliver arguments on all relevant issues discussed in the hearings (A.R.S. § 41-1092.07). The administrative law judge must issue a written decision within 20 days after the hearing is concluded (A.R.S. § 41-1092.08).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Makes technical changes regarding the transfer of the administrative hearings dispute process for UOA's and HOA's from the DFBLS to the ADRE.
2. Becomes effective on the general effective date.
Prepared by Senate Research
January 13, 2017
RH/JN/rr