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NEW! The Court acted on many pending rule petitions at its August 29, 2017 Rules Agenda.  

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This website allows you to electronically file and monitor court rule petitions and comments and to view existing rules of court, recent amendments of those rules, and pending rule petitions and comments. Any visitor to this site may view posts on this website, but to post a petition or comment you must register and log in. To view instructions on how to register and how to file a petition or comment, please visit our Frequently Asked Questions (FAQ) page. 
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Last Post 08 Jul 2011 04:48 PM by  RFisk
R-11-0001 Rule 31(d), Arizona Rules of the Supreme Court
 11 Replies
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RFisk
Posts:

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30 Dec 2010 01:54 PM
    R-11-0001

    PETITION TO AMEND RULE 31(d), RULES OF THE ARIZONA SUPREME COURT

    Would allow an authorized agent of a planned community association or a condominium unit owners' association to prepare, execute, and record liens on behalf of associations; communicate with homeowners about unpaid assessments and fees; and represent associations in procedures before the small claims division in justice courts.

    Petitioners:
    Edward F. Novak, Bar No. 006092
    Polsinelli Shughart PC
    CityScape
    One East Washington Street, Suite 1200
    Phoenix, Arizona 85004
    Telephone: (602) 650-2020
    Fax: 602-532-7128
    enovak@polsinelli.com

    Scott W. Rodgers, Bar No. 013082
    Ronda R. Fisk, Bar No. 022100
    Osborn Maledon, PA
    2929 N. Central Avenue, Suite 2100
    Phoenix, AZ 85012
    Telephone: (602) 640-9000
    Fax: 602-640-9050
    srodgers@omlaw.com
    rfisk@omlaw.com

    Filed January 3, 2011.

    COMMENTS due May 20, 2011.

    COMMENT PERIOD EXTENDED to June 24, 2011, upon motion of the State Bar of Arizona.

    PETITIONERS' REPLY due July 8, 2011.

    REJECTED September 1, 2011.
    Attachments
    Kfrench
    Posts:

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    09 May 2011 02:57 PM
    Attached is the Amended Comment submitted by the Board of Legal Document Preparers.

    Board of Legal Document Preparers
    Certification and Licensing Division
    1501 W. Washington Street, Suite 104
    Phoenix, AZ 85007
    (602)452-3378
    Kandace French, Staff
    kfrench@courts.az.gov
    Attachments
    kfretwell
    Posts:

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    17 May 2011 06:01 PM
    Lester N. Pearce
    Presiding Justice of the Peace
    Maricopa County Justice Courts
    222 N. Central Ave., Suite 210
    Phoenix, AZ 85004
    (602) 372-1743
    Fax: (602) 372-1722
    lesterpearce@mcjc.maricopa.gov
    Attachments
    RFisk
    Posts:

    --
    03 Jun 2011 04:19 PM
    Attached is Petitioners’ Compromise Language for Petition to Amend Rule 31(d), Arizona Rules of the Supreme Court.

    Edward F. Novak, Bar No. 006092
    Polsinelli Shughart PC
    CityScape
    One East Washington Street, Suite 1200
    Phoenix, Arizona 85004
    Telephone: (602) 650-2020
    enovak@polsinelli.com

    Scott W. Rodgers, Bar No. 013082
    Ronda R. Fisk, Bar No. 022100
    Osborn Maledon, PA
    2929 N. Central Avenue, Suite 2100
    Phoenix, AZ 85012
    Telephone: (602) 640-9000
    srodgers@omlaw.com
    rfisk@omlaw.com

    Attachments
    Kfrench
    Posts:

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    09 Jun 2011 04:46 PM
    Attached is the Comment in Response to Petitioner's Compromise Language for Petition to Amend Rule 31(d), Arizona Rules of the Supreme Court submitted by the Board of Legal Document Preparers.

    Board of Legal Document Preparers
    Certification and Licensing Division
    1501 W. Washington Street, Suite 104
    Phoenix, AZ 85007
    (602)452-3378
    Attachments
    BRGOLDMAN
    Posts:

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    11 Jun 2011 02:04 AM
    BARRY R. GOLDMAN
    AZCLDP #81279
    service@rapidrps.com
    (877) 472-7431
    500 N. Estrella Pkwy. #B2-441
    Goodyear, AZ 85338

    The undersigned is a Legal Document Preparer and objects to the proposed rule changes.

    The purpose of the Legal Document Preparer (LDP) is to prepare legal documents in accordance with the wishes of the client, so long as that preparation meets certain legal requirements. Under the current rules, persons and entities who prepare legal documents for other parties, whether or not such parties have a contractual relationship, either must be members of the Arizona State Bar or be certified as Legal Document Preparer(s). The proposed rule changes are blatant attempts for such companies to seek a special interest regulatory exemption.

    The undersigned submits that the proposed rule changes would only serve to benefit a small group of property management company(ies), and do not provide for or enhance the protection of the public from any future unaccountable actions of such company(ies).

    The proposed rule changes would make the property management company a de facto party to the action (or lien) pending, as it would allow not only a sidestepping of the LDP requirements as set forth and currently established, but would allow the property management company the ability to determine when, how and if a lien on real property should be placed, and allow for the preparation, execution and recording thereof by such company(ies). It is the HOA for which the property management company(ies) contract with who are, and should remain, the real party in interest in any action against a homeowner, including the placement of a lien against the property of such person(s).

    Further, the current proposed rule change is another not so inconspicuous attempt by the same property management companies to service the HOA's without the currently needed certification(s) as (a) Legal Document Preparer, and thus skirting issues of disciplinary actions. Most recently, a property management company was the subject of matters before the Board of Legal Document Preparers.

    The undersigned submits that the timing of the proposed rule change(s) smack of a special interest seeking special treatment and exemption from current standards. One of the parties represented in the proposed rule changes, AAM, LLC was the subject of disciplinary action(s) (rev. Complaint 09-L094; Complaint 10-L026). The Board of Legal Document Preparers placed AAM, LLC on probation for a period of not less than one year with the condition that it:

    "… immediately and hence forth cease and desist from offering or providing any legal services that exceed the authorities of a certified legal document preparer or otherwise constitute the unauthorized practice of law…".

    To the undersigned, the proposed rule changes do not appear unrelated from the disciplinary proceedings by the Board in January, 2011, and appear to be a blatantly self serving application.

    Accordingly, the undersigned objects to the proposed rule changes, and urges the Court to do the same.


    cekmark
    Posts:

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    24 Jun 2011 12:16 PM
    Curtis S. Ekmark, #014773
    Ekmark & Ekmark, L.L.C.
    6720 N. Scottsdale Road, Suite 261
    Scottsdale, AZ 85253
    480-922-9292
    480-922-9422 fax
    curtis@ekmarklaw.com
    Attachments
    JBarnett
    Posts:

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    24 Jun 2011 12:35 PM
    Comment by Homeowner Association Board Members in Support of Petition to Amend Rule 31(d), Arizona Rules of the Supreme Court

    Judy Barnett, Board Member
    Warner Ranch Phase III
    jbarnett123@hotmail.com
    Attachments
    CKolodisner
    Posts:

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    24 Jun 2011 12:48 PM
    Comment by Arizona Home Builders in Support of the Petition to Amend Rule 31(d), Arizona Rules of the Supreme Court

    Chad Kolodisner, Vice President
    Diamond Ventures
    ckolodisner@diamondven.com
    Attachments
    JBarnett
    Posts:

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    24 Jun 2011 01:24 PM
    Attached are additional petition signatures to be included with the Comment by Homeowner Association Board Members in Support of Petition to Amend Rule 31(d), Arizona Rules of the Supreme Court.

    Judy Barnett, Board Member
    Warner Ranch Phase III
    jbarnett123@hotmail.com
    Attachments
    ecrowley
    Posts:

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    27 Jun 2011 03:51 PM
    John A. Furlong, Bar No. 018356
    General Counsel
    STATE BAR OF ARIZONA
    4201 N. 24th Street, Suite 200
    Phoenix, Arizona 85016-6288
    Telephone: (602) 252-4804
    Fax: (602) 271-4930
    John.Furlong@staff.azbar.org
    Attachments
    RFisk
    Posts:

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    08 Jul 2011 04:48 PM
    Scott W. Rodgers, Bar No. 013082
    Ronda R. Fisk, Bar No. 022100
    Osborn Maledon, PA
    2929 N. Central Avenue, Suite 2100
    Phoenix, AZ 85012
    Telephone: (602) 640-9000
    srodgers@omlaw.com
    rfisk@omlaw.com

    Edward F. Novak, Bar No. 006092
    Polsinelli Shughart PC
    One East Washington Street, Suite 1200
    Phoenix, Arizona 85004
    Telephone: (602) 650-2020
    enovak@polsinelli.com

    Reply in Support of Petition to Amend Rule 31(d), Arizona Rules of the Supreme Court.
    Attachments
    Topic is locked