Arizona HOA Administrative Appeals | A.R.S. 41-1092.07(A) | Superior Court Special Action
This page organizes the Superior Court special-action record over whether AZNH could invoke the new statutory right to one peremptory change of administrative law judge in the Sunland Springs election-records OAH case.
Last updated May 16, 2026. Case: AZNH Revocable Trust v. Kay Abramsohn, et al., Maricopa County Superior Court No. CV2025-036466; related OAH No. 24F-H047-REL-RMD; Hon. Scott A. Blaney.
Scope note: This page is an educational guide to the uploaded court record. AI-generated briefing and media files in the upload were reviewed only as orientation; the published analysis relies on court filings, orders, and agency records.
The posture in one sentence
When a new procedural statute gave parties one peremptory change of ALJ, AZNH could invoke it in the pending OAH case, and later orders by the challenged ALJ were vacated.
Case snapshot
Whether the revised A.R.S. 41-1092.07(A) gave AZNH one peremptory change of administrative law judge in an already-pending OAH case.
The special action grew out of OAH No. 24F-H047-REL-RMD, part of the Sunland Springs electronic-ballot records dispute.
Judge Blaney vacated OAH orders issued on or after September 26, 2025 and ordered reassignment to another ALJ.
The case is a roadmap for preserving and reviewing procedural rights in HOA administrative hearings.
What the record shows
The case turned on timing: A.R.S. 41-1092.07(A) became effective on September 26, 2025, and AZNH filed its peremptory-change request minutes later before the scheduled hearing.
The ALJ treated the request as a motion and denied it. The Superior Court later held that the Trust properly invoked the statutory right under the circumstances.
The uploaded folder contained the opening and briefing-stage Superior Court filings through December 29, 2025. The local OAH override set supplies the related March 25, 2026 under-advisement ruling, so this page includes the actual Superior Court outcome.
What Judge Blaney decided
The ruling treated A.R.S. 41-1092.07(A) as a procedural statute that could be applied to the still-pending OAH matter.
The statutory right became effective on September 26, 2025, and AZNH filed its request that same morning before the scheduled hearing.
Orders entered by the challenged ALJ on or after September 26, 2025 were vacated because the peremptory-change request should have been honored.
The Superior Court ordered the administrative case reassigned to a different ALJ for the remaining OAH proceedings.
What this ruling does not decide
The special-action ruling does not decide the merits of the underlying electronic-ballot records dispute. It decides who may preside over the remaining administrative proceedings after the statutory peremptory-change request.
It also does not mean every disagreement with an ALJ becomes an immediate special action. The useful lesson is narrower: preserve the procedural right promptly, build a clear record of the request and denial, and identify why ordinary appeal would not give adequate relief.
For homeowners: how to use this procedural ruling
If an Arizona HOA dispute is already in ADRE/OAH and a procedural right becomes available, timing and documentation are everything. A homeowner should preserve the request in writing, identify the statute, keep the filing timestamp, and ask for a clear order if the request is denied.
The ruling is especially useful as a record-building example. AZNH did not ask the Superior Court to retry the records case. It isolated the procedural issue, tied it to A.R.S. 41-1092.07(A), and asked for reassignment before the challenged ALJ could continue issuing orders.
Suggested administrative-procedure workflow
- Identify the procedural right. Write down the exact statute or rule you are invoking, such as A.R.S. 41-1092.07(A).
- File before the contested event when possible. The cleaner record is a request filed before the hearing, ruling, or deadline the request affects.
- Keep proof of filing and service. Preserve the timestamp, email confirmation, portal receipt, and service list.
- Ask for an order, not informal silence. A written denial makes the issue easier to review than an oral or unexplained refusal.
- Separate procedure from merits. Do not bury the procedural issue inside every factual dispute about the HOA. Keep the review question focused.
Procedure checklist for ADRE/OAH disputes
- Track effective dates of new procedural statutes or rule changes.
- File requests in writing and cite the specific authority.
- Preserve every OAH order entered after the disputed procedural request.
- Keep the Superior Court request limited to the procedural relief needed.
- Do not wait until after the hearing if the right can be invoked before it.
- Do not rely on an oral objection without a filed document.
- Do not mix the ALJ-change issue with every disagreement about evidence or discovery.
- Do not assume reassignment decides the underlying HOA records claim.
Timeline highlights
| Date | Event | Why it mattered |
|---|---|---|
| 2025-09-26 | A.R.S. 41-1092.07(A) became effective and AZNH requested a peremptory ALJ change. | This created the timing issue that drove the special action. |
| 2025-10-08 | AZNH filed the special-action complaint. | The Superior Court case focused on whether OAH had to honor the peremptory-change request. |
| 2025-12-21 | AZNH filed a motion for judgment on the case filings. | The case moved toward decision on the written record. |
| 2026-03-25 | Judge Blaney issued the under-advisement ruling. | The court vacated later ALJ orders and required reassignment. |
Frequently asked questions
Did this case decide who wins the electronic-ballot records dispute?
No. The ruling addressed the peremptory ALJ-change issue and reassignment, not the final merits of the underlying records petition.
Why is September 26, 2025 important?
That is the effective date of the revised A.R.S. 41-1092.07(A), and the request was filed that morning before the scheduled OAH hearing.
What practical lesson should homeowners take from it?
Preserve procedural rights immediately, file them clearly, keep proof of timing, and separate the procedural review issue from the broader HOA dispute.
Why are the source PDFs still included?
The page is designed as a source-document guide. The filing roadmap lets readers check the court record rather than relying on a summary alone.
Review note and disclaimer
Reviewed against the Superior Court special-action record, the March 25, 2026 under-advisement ruling, and the related OAH case-family documents. This page is educational information for Arizona HOA homeowners, associations, managers, and advocates. It is not legal advice for any specific dispute.
Related AZNH pages
Related OAH records page
The administrative election-records page explains the OAH case family and links the same special-action ruling in context.
AZNH executive-session voting page
Separate Court of Appeals page on open-meeting voting and executive-session agendas.
Companion 2026 special action
Separate pending special action about an alleged unauthorized HOA response in a later ADRE petition.
Filing roadmap and source PDFs
This roadmap uses the normalized filenames in the raw download folder. Duplicate exhibit references may point to the same PDF because some filings attach earlier administrative records as exhibits.
Certificate
Filed by: AZNH Revocable Trust
Plaintiff files a Certificate of Compulsory Arbitration stating the case is not subject to compulsory arbitration. Original upload name: e5ca0471-0d3f-4682-accb-3eb4ab2be23e.pdf.
Complaint
Filed by: AZNH Revocable Trust
Plaintiff files a Complaint for Special Action challenging the refusal of the ALJ and OAH Director to allow a peremptory change of judge. Original upload name: 3744c55f-dd9b-4d2a-b71a-f180cd707bb6.pdf.
Civil Cover Sheet
Filed by: Record filing
Initial filing document identifying parties and nature of action as a Special Action. Original upload name: 7895fb88-4e65-4c9f-b64a-7dcd80db3915.pdf.
Order
Filed by: Court
Court assigns the Special Action matter to the Honorable Scott A. Blaney for determination. Original upload name: 4c292ba8-d62d-447b-a173-bf3fb971d3a5.pdf.
Order to Appear
Filed by: Court
Court orders parties to appear virtually on November 11, 2025, for an Order to Show Cause Return Hearing. Original upload name: b27c3cae-59ec-43e0-91bf-a3af20b1f066.pdf.
Motion
Filed by: AZNH Revocable Trust
Plaintiff requests to reset the Show Cause hearing and extend time for service due to counsel being out of the country. Original upload name: f9d31efb-62e1-4376-98a8-4d28f68bf2d9.pdf.
Order
Filed by: Court
Court grants motion to reset Show Cause hearing to January 14, 2026, and extends service deadline to December 15, 2025. Original upload name: 76d7f189-793e-4436-a4ff-5c8dc4bcddf5.pdf.
Email / Waiver
Filed by: Sunland Springs HOA
HOA counsel sends signed Waiver of Service Form with modified language regarding the answer deadline. Original upload name: 8cff3679-258c-4460-95e4-aad459d2d589.pdf.
Motion
Filed by: AZNH Revocable Trust
Plaintiff moves to transfer the Special Action and a related administrative appeal (LC2025-000397) to a single judge. Original upload name: 42137ec3-a54d-4626-ae9b-9ef82aef2ed8.pdf.
Motion to Dismiss
Filed by: Record filing
Arizona Department of Real Estate (ADRE) moves for dismissal as a non-jural entity or for designation as a nominal party. Original upload name: 1b595f2c-e310-4881-950b-fc2d63baee2e.pdf.
Response
Filed by: OAH / judicial defendants
Judicial Defendants file a limited response stating they are prohibited from substantively defending the correctness of their rulings. Original upload name: c91b7dcc-6ebb-4328-8040-68bd25c94477.pdf.
Notice
Filed by: ADRE / Commissioner
ADRE notifies the Court that it takes no position on the motion to transfer cases to a single judge. Original upload name: 4be655dd-10d3-4914-9571-0df2ad42831c.pdf.
Response
Filed by: AZNH Revocable Trust
Plaintiff opposes ADRE’s dismissal but agrees that the department functions as a nominal party in the proceedings. Original upload name: 790b15ea-c03c-4568-863e-ce250ec93981.pdf.
Notice of Dismissal / Motion
Filed by: AZNH Revocable Trust
Plaintiff files notice to voluntarily dismiss the HOA from the action, arguing they are no longer necessary for complete relief. Original upload name: 783b5ce4-2918-43ed-9a71-bb454265aa0f.pdf.
Notice
Filed by: AZNH Revocable Trust
Plaintiff files a notice to add a previously omitted exhibit (OAH Order Vacating Hearing) to its motion to dismiss the HOA. Original upload name: 20795574-fc53-4f34-b244-215b6529c54a.pdf.
Motion for Judgment
Filed by: AZNH Revocable Trust
Plaintiff moves for judgment on the case filings, arguing the Judicial Defendants admitted allegations by failing to defend. Original upload name: 8d6745ab-b480-47d8-8084-c4f3dd8af6b5.pdf.
Reply
Filed by: ADRE / Commissioner
ADRE replies in support of its motion to be dismissed, reiterating its status as a non-jural and nominal entity. Original upload name: 5a60b48c-daa7-41e3-9dbf-fa3ee62a42c6.pdf.
Response
Filed by: Sunland Springs HOA
The HOA objects to being dismissed if the dismissal allows Plaintiff to obtain requested relief without opposition. Original upload name: 659cf11a-e085-4585-b4f5-2370e83d27e8.pdf.
Response
Filed by: AZNH Revocable Trust
The HOA opposes Plaintiff’s motion for judgment, arguing it is premature and that the answer deadline has not passed. Original upload name: c2b54ede-6d9f-466d-9793-5000f0c5bfcb.pdf.
Motion
Filed by: AZNH Revocable Trust
Plaintiff moves to add the Commissioner of the ADRE as a defendant in place of the department to ensure complete relief. Original upload name: 757b92f5-5d41-4332-b305-81be87726b59.pdf.
Reply
Filed by: AZNH Revocable Trust
Plaintiff replies to the HOA, arguing the HOA has presented no legal basis to remain a defendant in the Special Action. Original upload name: 16edac22-3839-4cd1-8491-5e62bbef9973.pdf.
Reply
Filed by: AZNH Revocable Trust
Plaintiff argues the HOA failed to timely answer and that statutory changes for peremptory ALJ removal apply to the case. Original upload name: 50982a51-7fba-46b3-ae73-210bb07af9e5.pdf.
Under Advisement Ruling
Filed by: Record filing
Judge Scott A. Blaney grants special-action relief in part, vacates OAH orders issued on or after September 26, 2025, and orders reassignment to a different administrative law judge. Original upload name: m11714084.pdf.
Additional uploaded court PDFs
These court PDFs were present in the upload but were not separate rows in the AI-generated chronology. They are preserved in the raw source folder for completeness.
| Date | Download | Note |
|---|---|---|
| 2025-12-22 | 2025-12-22_018b_unlisted-response.pdf | Additional December 22, 2025 response PDF present in the upload but not listed in the chronology CSV. |