The Arizona Republic
Jun. 19, 2006 12:00 AM
Paul Anderson and his neighbors didn't know where to turn to fight their condo association's decision to lease cellphone tower space on their roofs.
They didn't have the money to hire an attorney for a battle in Maricopa County Superior Court.
But thanks to a new law, he and his neighbors in Phoenix's Heritage Park retirement condominiums may get their day before a judge, without the hefty court costs.
House Bill 2824, signed last week by Gov. Janet Napolitano, will allow home and condo owners to take their complaints against community associations to dispute resolution before a judge in the Office of Administrative Hearings.
The law, which takes effect 90 days after the legislative session ends, will allow any association member to file a petition to have a dispute heard before an administrative law judge after paying a non-refundable filing fee.
The director of the Office of Administrative Hearings will establish the fee, but legislators have estimated it will be $500.
Currently, most homeowners have to file legal claims against their homeowners associations in Superior Court, which often costs upward of $10,000.
The dispute resolution system is designed to give property owners with HOA and condo association disputes somewhere to go if they can't afford a battle in Superior Court, said Rep. Eddie Farnsworth, R-Gilbert, one of the authors of the bill.
For Anderson and his neighbors, it could mean not having to raise the $50,000 to $60,000 attorneys told them they would need in retainers before taking their condo association dispute to Superior Court. "$500? That's doable," Anderson said. "There are elderly people here who are afraid to go up against the board. But this would give us somewhere to go."
Not all residents of homeowners and condo associations are thrilled about the legislation. Some worry that this could be another barrier for boards trying to enforce rules that residents agree to when they purchase homes in an association.
"I am concerned that it will create more expense and will be bad for people who live in associations," attorney Curtis Ekmark wrote in an e-mail. His firm specializes in HOA law.
Farnsworth and home- owners rights advocates argue that the law simply helps restore the balance of power between HOAs and homeowners because under Arizona law, HOAs have the power to file liens and foreclose for unpaid dues.
They didn't have the money to hire an attorney for a battle in Maricopa County Superior Court.
But thanks to a new law, he and his neighbors in Phoenix's Heritage Park retirement condominiums may get their day before a judge, without the hefty court costs.
House Bill 2824, signed last week by Gov. Janet Napolitano, will allow home and condo owners to take their complaints against community associations to dispute resolution before a judge in the Office of Administrative Hearings.
The law, which takes effect 90 days after the legislative session ends, will allow any association member to file a petition to have a dispute heard before an administrative law judge after paying a non-refundable filing fee.
The director of the Office of Administrative Hearings will establish the fee, but legislators have estimated it will be $500.
Currently, most homeowners have to file legal claims against their homeowners associations in Superior Court, which often costs upward of $10,000.
The dispute resolution system is designed to give property owners with HOA and condo association disputes somewhere to go if they can't afford a battle in Superior Court, said Rep. Eddie Farnsworth, R-Gilbert, one of the authors of the bill.
For Anderson and his neighbors, it could mean not having to raise the $50,000 to $60,000 attorneys told them they would need in retainers before taking their condo association dispute to Superior Court. "$500? That's doable," Anderson said. "There are elderly people here who are afraid to go up against the board. But this would give us somewhere to go."
Not all residents of homeowners and condo associations are thrilled about the legislation. Some worry that this could be another barrier for boards trying to enforce rules that residents agree to when they purchase homes in an association.
"I am concerned that it will create more expense and will be bad for people who live in associations," attorney Curtis Ekmark wrote in an e-mail. His firm specializes in HOA law.
Farnsworth and home- owners rights advocates argue that the law simply helps restore the balance of power between HOAs and homeowners because under Arizona law, HOAs have the power to file liens and foreclose for unpaid dues.
