Comments on: OAH-07-029 update: HOA appeals that OAH is unconstitutional

By: AZ OAH adjudication of HOA disputes held unconstitutional « HOA Constitutional Government

Wed, 08 Oct 2008 21:36:33 +0000

[...] October 2nd, the superior court appeal decision of the OAH case (See OAH-07-029 update: HOA appeals that OAH is unconstitutional) was handed down, declaring the DFBLS/OAH enabling statute unconstitutional. See court decision: [...]

By: Walt

Walt — Mon, 18 Aug 2008 22:11:31 +0000

See also 08F-H089001-BFS on OAH website. Ekmark is making same claim in new case involving case alleging HOA violation of A.R.S. 33-1084(A) in holding a closed meeting to remove the President of the Association.

By: pvtgov

pvtgov — Thu, 19 Jun 2008 14:53:17 +0000

The Arizona Attorney general filed a brief in this appeal, stating, “We urge the cour tto find that these statutes do not unconstitutionally delegate judicial functions.”

Also,

“In sum, because the statutes that authorize the Department and OAH to resolve complaints between owners and planned community associations do not usurp the judiciary’s power, they do not violate Article III. . . . For all the foregoing reasons, the Attorney General requests the Court to uphold ths
constitutionality of A.R.S. $5 41-2198 to 2198.05.”

By: Unmemorized

Unmemorized — Thu, 19 Jun 2008 11:11:18 +0000

Somehow i missed the point. Probably lost in translation Anyway … nice blog to visit.

cheers, Unmemorized.

By: AZ legislature acts to support ALJ adjudication of HOA complaints « HOA Constitutional Government

Sun, 27 Apr 2008 18:43:49 +0000

[...] lobbyists and HOA attorneys question the constitutionality of ALJ adjudication of HOA problems (see questions), the Legislature responded with a bill to reign in their attempts to thwart justice based on [...]