Homeowners’ association board members make decisions that directly affect association members’ property values and how they can use their homes. HOA elections serve an important role by allowing members to elect new leadership. An improperly conducted election can have wide-ranging implications for group members. If you suspect that an election was mishandled, you may be wondering, “How are Arizona HOA election disputes resolved?”
Common HOA Election Disputes in Arizona
Arizona is home to more than 10,200 community associations, so HOA disputes are a fairly common occurrence in the state. Disagreements can involve accusations that HOA board members failed to follow established bylaws or other governing documents. There may be accusations that votes were improperly counted or that the process failed to follow voting procedures. These disputes can also involve Real Estate matters, HOA Foreclosure Rights, Easement Law, or Buyer/Seller Contract Disputes.
Disagreements can also arise over candidate eligibility, board recalls, access to election records, and other grounds for challenging the outcomes of an election. While 86% of residents do rate their community associations as either positive or neutral, disputes over elections can quickly escalate.
Arizona Laws Governing HOA Elections
Whether an HOA is based in Val Vista Lakes, Power Ranch, Agritopia, or another community in Arizona, elections for homeowner’s associations are governed by both state law and each association’s governing documents. In FY 2025, 51 Department of Real Estate cases were filed with the Arizona Office of Administrative Hearings.
The Arizona Planned Communities Act establishes requirements for elections in planned communities, including rules for absentee ballots and other forms of voting. The Arizona Condominium Act provides similar protections and outlines procedures for condominium association elections.
Under A.R.S. § 33-1812, HOA ballots in Arizona must identify each proposed action and allow homeowners to vote for or against the measure. A ballot is valid for only one election or meeting and must provide homeowners at least seven days to submit their vote. Elections cannot authorize someone else to vote on a homeowner’s behalf.
Under A.R.S. § 32-2199.01, an Arizona homeowner can petition the Arizona Department of Real Estate for a hearing over alleged violations of HOA or condominium governing documents or state laws governing these associations. The Arizona Department of Real Estate administers an HOA Dispute Process that provides an alternative to civil court.
The petition must identify the alleged violations and include the required filing fee. After the association responds, the matter may be referred to the Office of Administrative Hearings, located at 1740 W Adams St, Phoenix, AZ 85007. If the association fails to respond within the required 20-day period, the allegations are deemed admitted, and the commissioner can issue a default decision.
Why You Should Hire an Honest HOA Lawyer to Resolve Election Disputes
Homeowners who suspect that rules or laws were broken in an election can request a review of election records or challenge the alleged violations through Arizona’s administrative dispute process. If the association does not follow its own procedures for addressing the matter, members can take legal action by working with an HOA attorney.
Arizona’s HOA laws allow members of an association to call for an administrative hearing on the matter. Because the process of holding an HOA board accountable can be complex, many members opt to hire an HOA lawyer to manage their HOA case. Harper Hall PLC was founded in 2003 and focuses on managing homeowner disputes.
Our legal team offers personalized legal services to homeowner association members throughout Arizona. Our founding attorney graduated from the University of Arizona and prides himself on his work as an advisor and counselor as much as on his litigation work. We understand that our clients come to us seeking actionable solutions to complex problems. While our lawyers do not guarantee outcomes, they are ready to explore every viable strategy for achieving your goals, including matters involving Foreclosure or a Neighbor Dispute.
FAQs
Can You Challenge an HOA Election With the State if You Suspect Illegal Voting or Rule-Breaking?
Yes, you can challenge an HOA election with the state if you suspect illegal voting or rule-breaking by petitioning the Arizona Department of Real Estate. By requesting a hearing for alleged violations, the matter may be referred to the Office of Administrative Hearings for consideration by an administrative law judge.
If the judge rules in your favor, the HOA may be ordered to comply with the applicable law or governing documents.
Do Homeowners Have to Use the State’s Dispute Process Before Taking an HOA to Court?
Homeowners do not necessarily have to use the state’s dispute process before taking an HOA to court. Arizona’s administrative HOA dispute process provides an alternative to civil court rather than a mandatory first step for every dispute.
Depending on the circumstances and relief sought, a homeowner may have the option to pursue a civil action. Association members may also address the dispute through the HOA’s own procedures. Legal representation throughout the process can support your goals.
How Many Signatures Are Required to Recall and Remove an HOA Board Member in Arizona?
For a planned community with 1,000 or fewer members, a petition requires signatures representing at least 25% of the association’s votes or 100 eligible voters, whichever is less, to recall and remove an HOA board member in Arizona. For associations with more than 1,000 members, the requirement is 10% or 1,000 eligible voters, whichever is less. A majority of those voting at the properly called meeting can remove the board member if a quorum is present.
Can a Homeowner Recover Legal and Filing Fees After Winning an HOA Election Dispute?
Whether or not a homeowner can recover legal and filing fees after winning an HOA election dispute depends on which route they take. A favorable outcome in an administrative court could lead to the reimbursement of a filing fee. A civil court action involving the removal of a board member can lead to an award of reasonable attorney fees and costs to the prevailing party.
Facing an HOA Elections Dispute? Contact Harper Hall PLC Today
Whether your HOA is based in The Islands, Morrison Ranch, or elsewhere in Gilbert, election disputes can affect who controls an association and how decisions impacting your home and community are made. If you believe an HOA board failed to follow Arizona law or its governing documents during an election, recall, or voting process, Harper Hall PLC can help.
With nearly three decades of experience working with clients across Arizona, we understand the challenges homeowners face when confronting an HOA board or management company. We can review election records, voting procedures, bylaws, CC&Rs, and other relevant documents to determine whether your rights were violated. Contact Harper Hall PLC today to discuss your HOA election dispute.
