AZNH Revocable Trust v. Arizona Department of Real Estate: Peremptory ALJ Change Special Action

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

Core issue

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.

Administrative backdrop

The special action grew out of OAH No. 24F-H047-REL-RMD, part of the Sunland Springs electronic-ballot records dispute.

Superior Court result

Judge Blaney vacated OAH orders issued on or after September 26, 2025 and ordered reassignment to another ALJ.

Practical use

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

1. The new ALJ-change statute applied procedurally

The ruling treated A.R.S. 41-1092.07(A) as a procedural statute that could be applied to the still-pending OAH matter.

2. Timing mattered

The statutory right became effective on September 26, 2025, and AZNH filed its request that same morning before the scheduled hearing.

3. Later ALJ orders were vacated

Orders entered by the challenged ALJ on or after September 26, 2025 were vacated because the peremptory-change request should have been honored.

4. Reassignment was required

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

  1. Identify the procedural right. Write down the exact statute or rule you are invoking, such as A.R.S. 41-1092.07(A).
  2. File before the contested event when possible. The cleaner record is a request filed before the hearing, ruling, or deadline the request affects.
  3. Keep proof of filing and service. Preserve the timestamp, email confirmation, portal receipt, and service list.
  4. Ask for an order, not informal silence. A written denial makes the issue easier to review than an oral or unexplained refusal.
  5. 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

Do this
  • 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.
Avoid this
  • 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

DateEventWhy it mattered
2025-09-26A.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.
2025-10-08AZNH filed the special-action complaint.The Superior Court case focused on whether OAH had to honor the peremptory-change request.
2025-12-21AZNH filed a motion for judgment on the case filings.The case moved toward decision on the written record.
2026-03-25Judge 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.

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.

Step 1 2025-10-07

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.

Step 2 2025-10-08

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.

Step 3 2025-10-08

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.

Step 4 2025-10-10

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.

Step 5 2025-10-13

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.

Step 7 2025-10-15

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.

Step 8 2025-11-12

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.

Step 9 2025-12-08

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.

Step 10 2025-12-09

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.

Step 11 2025-12-10

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.

Step 12 2025-12-11

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.

Step 13 2025-12-15

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.

Step 14 2025-12-17

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.

Step 15 2025-12-19

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.

Step 16 2025-12-21

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.

Step 17 2025-12-22

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.

Step 18 2025-12-22

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.

Step 19 2025-12-23

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.

Step 20 2025-12-26

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.

Step 21 2025-12-27

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.

Step 22 2025-12-29

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.

Step 23 2026-03-25

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.

DateDownloadNote
2025-12-222025-12-22_018b_unlisted-response.pdfAdditional December 22, 2025 response PDF present in the upload but not listed in the chronology CSV.

Primary sources

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AZNH Revocable Trust v. Nicolson, Eigenheer, and Sunland Springs: Corporate Authority and HOA Default Theory

Arizona HOA Elections | Corporate Authority | ADRE/OAH Special Action

This page organizes the pending Superior Court special-action record over whether Sunland Springs had a valid authorized response to an ADRE petition and whether the Commissioner had to treat the allegations as admitted.

Last updated May 16, 2026. Case: AZNH Revocable Trust v. Susan Nicolson, Tammy Eigenheer, and Sunland Springs Village Homeowners Association, Maricopa County Superior Court No. CV2026-008484; Hon. Adele Ponce.

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

The uploaded record presents a pending fight over whether an HOA response filed without an identified board vote can still defeat default treatment in an ADRE homeowner petition.

Case snapshot

Core issue

Whether an allegedly unauthorized HOA response to an ADRE petition can be treated as no response for default purposes.

Procedural posture

The uploaded record is pending-stage litigation through April 29, 2026, not a final merits ruling.

Next setting in file set

The April 27, 2026 order reset oral argument to June 26, 2026.

Practical use

The record is useful for tracking board authorization, apparent authority, and ADRE/OAH default procedure arguments.

What the record shows

AZNH ties its default theory to corporate-governance statutes and board meeting records, arguing that the association did not authorize the petition response or counsel involvement.

The Commissioner and Sunland Springs take the opposite view: ADRE received a response, the Commissioner is not required to investigate internal corporate authorization, and apparent authority can bind the corporation.

No final ruling is in the uploaded file set. The page therefore treats this as a pending litigation record and uses exact dates from the filings rather than implying an outcome.

What this pending record is testing

1. Corporate authorization

AZNH argues the HOA response was not authorized by the board and therefore should not count as a response.

2. ADRE default procedure

The dispute asks whether an allegedly unauthorized response can trigger default treatment under the HOA petition process.

3. Agency role versus internal governance

The Commissioner and HOA argue that ADRE received a response and need not resolve internal corporate-authority disputes before moving the case forward.

4. No final merits ruling yet

The uploaded record ends with motions pending and oral argument reset to June 26, 2026.

What this case does not yet decide

This page should be read as a pending-record guide, not as a final rule. The uploaded file set does not contain a final ruling on whether Sunland Springs defaulted, whether counsel lacked authority, or whether ADRE had to treat the response as void.

That limitation matters. The current value of the page is the way it organizes the filings, arguments, hearing settings, and source documents so readers can follow the pending dispute without confusing allegations with holdings.

For homeowners: preserving an authorization/default theory

A homeowner trying to raise an authorization defect should focus first on the record: board meeting notices, agendas, minutes, written consents, engagement letters, response filings, and correspondence showing who acted for the association and when.

The tighter the record, the easier it is to separate a corporate-governance argument from a general complaint about the association. This page gives readers a roadmap for the kind of filings and exhibits that matter when default, authority, and agency procedure collide.

Suggested record-building workflow

  1. Get the response document. Start with the actual ADRE/OAH response and identify who signed, filed, or authorized it.
  2. Request board authorization records. Look for minutes, written consents, resolutions, engagement letters, or emails showing board approval.
  3. Match dates carefully. Compare the response deadline, board-meeting dates, attorney-appearance dates, and any later ratification attempt.
  4. Keep allegations separate from proof. A missing authorization record is different from a court finding that no authority existed.
  5. Track pending rulings. Because this file set ends before final merits decision, later court orders should be added when available.

For boards, managers, and counsel: avoid the dispute

Do this
  • Document who is authorized to respond to ADRE/OAH petitions.
  • Make attorney engagement and litigation-response authority clear in minutes or written consents.
  • Preserve response-deadline communications and proof of filing.
  • Keep board authorization records accessible if authority is later challenged.
Avoid this
  • Do not assume a response filing will end all questions about authority.
  • Do not leave counsel or management authority undocumented when statutory deadlines are running.
  • Do not mix privileged legal advice with the nonprivileged fact of who authorized action.
  • Do not treat pending allegations as final rulings.

Timeline highlights

DateEventWhy it mattered
2026-02-26AZNH filed the verified complaint and special-action materials.The case opened with the default and corporate-authority theory.
2026-03-25Sunland Springs filed its motion to dismiss and AZNH filed a response.The briefing began framing whether the response could be treated as legally effective.
2026-04-21The Commissioner filed a motion to dismiss and response to the motion for judgment.The agency-position filing put the ADRE/OAH procedural view into the Superior Court record.
2026-04-27The court continued oral argument to June 26, 2026.The uploaded record remains pending-stage, so final outcome should not be inferred from the pleadings.

Frequently asked questions

Is there a final ruling in this uploaded record?

No. The file set is pending-stage litigation through April 29, 2026, with oral argument reset to June 26, 2026.

What is AZNH arguing?

AZNH argues that the HOA response was not properly authorized and should be treated as no response for ADRE default purposes.

What are the opposing arguments?

The Commissioner and HOA argue that ADRE received a response, that internal authority disputes do not require mandatory default, and that apparent authority can matter.

Why include the full filing roadmap?

The page lets readers distinguish filings, allegations, motions, and court settings instead of treating a pending complaint as a decided rule.

Review note and disclaimer

Reviewed against the uploaded Superior Court filings through April 29, 2026 and the source-file roadmap. Because no final merits ruling appears in the file set, this page labels the dispute as pending and distinguishes allegations from holdings. It is educational information, not legal advice.

Video overview: anatomy of this special action

Watch this visual explainer for the procedural path in CV2026-008484: filing the special action, serving the defendants, briefing motions to dismiss and for judgment, and tracking the next Superior Court hearing setting.

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.

Step 2 2024-11-05

Administrative Law Judge Decision

Filed by: Underlying record exhibit

ALJ decision denying AZNH’s 2024 petition regarding document production related to the 2024 SSV HOA election. Original upload name: f71ea3cb-cb10-4cf5-ba65-b5c6d1113cb4.pdf.

Step 6 2025-12-19

Meeting Minutes

Filed by: Underlying record exhibit

Minutes and agenda for the SSV HOA Board of Directors meeting. Original upload name: b5fe6551-ea43-4f90-aa8f-e44a49f7ed40.pdf.

Step 10 2026-02-26

Certificate of Compulsory Arbitration

Filed by: Record filing

Certificate certifying the case is not subject to compulsory arbitration. Original upload name: 1496a1b0-369b-493f-aaac-454ce78b414c.pdf.

Step 11 2026-02-26

Motion for Order to Show Cause

Filed by: Court

Plaintiff’s request for the court to issue an order for defendants to show cause. Original upload name: 1faf0e37-6f19-4d76-aa4d-932319494b08.pdf.

Step 12 2026-02-26

Order to Appear

Filed by: Court

Court order requiring defendants to appear on March 9, 2026. Original upload name: e3a1a9d0-c927-4b2a-a0b1-fab3c20f61f5.pdf.

Step 14 2026-03-04

Notice of Related Cases

Filed by: ADRE / Commissioner

ADRE’s notice listing other litigations between the parties. Original upload name: f90d2ef5-ca27-46bd-98bb-21d431152663.pdf.

Step 16 2026-03-06

Limited Response

Filed by: OAH / judicial defendants

Interim Director Eigenheer’s limited response stating judicial neutrality and non-participation. Original upload name: 4d5eb155-9fa2-45b4-8c29-460c63f6bb6c.pdf.

Step 18 2026-03-09

Minute Entry

Filed by: Court

Court record of the OSC Return Hearing; case continued to March 27 to allow for service. Original upload name: cd068156-f8df-4966-abe6-6e2e108e7625.pdf.

Step 20 2026-03-22

Motion for Judgment on the Case Filings

Filed by: AZNH Revocable Trust

Plaintiff’s motion requesting judgment based on HOA records showing no board vote for the response. Original upload name: b5fe6551-ea43-4f90-aa8f-e44a49f7ed40.pdf.

Step 23 2026-03-25

Motion to Dismiss

Filed by: Sunland Springs HOA

SSV HOA’s motion to dismiss the special action complaint. Original upload name: 95d2fe0e-5e30-4524-b070-4c5d36421c67.pdf.

Step 24 2026-03-25

Response to Motion to Dismiss

Filed by: AZNH Revocable Trust

Plaintiff’s opposition to the HOA’s motion to dismiss. Original upload name: bed2f745-17c8-47dc-b5cd-119eb03e6159.pdf.

Step 25 2026-03-27

Minute Entry

Filed by: Court

Status conference record; stay denied; oral argument set for May 4, 2026. Original upload name: e11c133a-c8cd-4d78-92a3-e81abcc7ddae.pdf.

Step 27 2026-04-08

Response

Filed by: AZNH Revocable Trust

HOA’s opposition to Plaintiff’s motion for judgment on the case filings. Original upload name: f71ea3cb-cb10-4cf5-ba65-b5c6d1113cb4.pdf.

Step 29 2026-04-13

Notice of Pinpoint Citation

Filed by: Sunland Springs HOA

HOA’s notice providing specific language from the Miller case regarding apparent authority. Original upload name: bf4cf23c-fa75-4649-9a7e-6fb8a2503b1b.pdf.

Step 30 2026-04-21

Motion to Dismiss and Response

Filed by: ADRE / Commissioner

Commissioner Nicolson’s motion to dismiss her as a defendant and response to the motion for judgment. Original upload name: 95ff7482-f6a4-4125-a96b-ebba36781498.pdf.

Step 31 2026-04-23

Notice of Substitution of Counsel

Filed by: Record filing

Notice substituting Kelly Gillilan-Gibson for Kara Karlson as counsel for Tammy Eigenheer. Original upload name: c531d9cb-1924-47d0-8e05-34bb9671ed04.pdf.

Step 32 2026-04-24

Stipulation to Continue

Filed by: Parties

Parties’ request to continue the May 4 oral argument to explore settlement. Original upload name: b0aef153-672f-47e7-ad73-3ee06c22c300.pdf.

Step 33 2026-04-27

Order Granting Continuation

Filed by: Court

Court order resetting the May 4 oral argument to June 26, 2026. Original upload name: a95a22a8-28b3-41db-9315-6a37430ca367.pdf.

Step 34 2026-04-29

Response to Motion to Dismiss

Filed by: AZNH Revocable Trust

Plaintiff’s response to the Commissioner’s motion to dismiss. Original upload name: 72851100-a4fa-402c-b9bc-8d72bce44a59.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.

DateDownloadNote
2026-02-262026-02-26_005_civil-cover-sheet.pdfCivil cover sheet filed with the complaint package.
2026-02-262026-02-26_006_summons-susan-nicolson.pdfSummons issued for Susan Nicolson.
2026-02-262026-02-26_007_summons-tammy-eigenheer.pdfSummons issued for Tammy Eigenheer.
2026-02-262026-02-26_008_summons-sunland-springs-village-hoa.pdfSummons issued for Sunland Springs Village Homeowners Association.
2026-03-232026-03-23_016a_declaration-service-tammy-eigenheer-copy.pdfSecond uploaded copy of the Tammy Eigenheer declaration of service.
2026-03-232026-03-23_017_declaration-service-sunland-springs.pdfDeclaration of service for Sunland Springs Village Homeowners Association.
2026-03-252026-03-25_019_declaration-service-susan-nicolson-scanned.pdfScanned declaration of service for Susan Nicolson.
2026-03-252026-03-25_020_declaration-service-tammy-eigenheer-scanned.pdfScanned declaration of service for Tammy Eigenheer.
2026-03-252026-03-25_021_declaration-service-sunland-springs-scanned.pdfScanned declaration of service for Sunland Springs Village Homeowners Association.

Primary sources

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