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Appeal of ADRE Decision in HOA Dispute

Question: We had a dispute with our HOA about our responsibility for a special assessment to improve the roads in our Cave Creek community. Pursuant to your suggestion in an earlier column, we filed a petition against our HOA with the Arizona Department of Real Estate (“ADRE”). We paid the $500 filing fee. Last week at the ADRE hearing our HOA’s community manager lied, and we got a letter today from the ADRE that we lost the hearing. Do we have any right to appeal?

Answer:  You probably have not yet received a final administrative decision from the Arizona Department of Real Estate. When you do, you can file a complaint within thirty-five days for judicial review with the Superior Court of Maricopa County. This appeal process can be complex, and you should at least consult with an attorney to determine if the time and expense of an appeal is warranted.

Note: The ADRE website at https://www.azre.gov/ has the petition form and instructions for the HOA dispute procedure, including how to appeal procedure.

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