Click on the text below for quick answers to some of the more frequent questions the Office of the Arizona Attorney General receives.
Can the Arizona Attorney General's Office provide me with legal representation?
The Arizona Attorney General’s Office does not have jurisdiction to provide individuals legal representation. The Arizona Attorney General’s Office acts as legal counsel to State Agencies within Arizona and cannot provide legal advice to individuals. This means we are unable to provide legal advice, opinions, or interpretation of laws to individuals. The Attorney General’s Office provides legal advice and counsel to Arizona state agencies regarding legal matters and serves as legal counsel state agencies.
Does the Attorney General enforce HOA Open Meeting Laws?
The Attorney General's Open Meeting Law Enforcement Team (OMLET) receives a number of calls each year alleging that homeowner associations have violated Arizona's Open Meeting Law (A.R.S. § 38-431-431.09). However, Open Meeting Law does not apply to homeowner associations. Under the Open Meeting law, "all meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings." A.R.S. § 38-431.01(A).
Arizona law defines a "public body" as:
“…the legislature, all boards and commissions of the state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, the public body.” A.R.S. § 38-431(6)
A homeowner association does not satisfy the definition of "public body" because it is not a political subdivision, is neither a multi-member governing body nor an instrumentality of a political subdivision, and is neither a corporation nor an instrumentality whose board of directors is elected by a political subdivision. See AZ Attorney General Opinion I88-055. A homeowner association does not meet the definition of a "public body" in A.R.S. § 38-431(6), therefore it is not subject to the Open Meeting Law. Id.
I need legal representation, where do I go?
You may wish to contact the State Bar of Arizona at www.azbar.org.
The State Bar can assist you in finding a private attorney to represent you. They can also help you determine if you qualify for free or discounted legal assistance through an attorney volunteer program.
I received a photo radar citation and have questions regarding the legality of photo radar in light of Attorney General Opinion I16-002.
Our Office is unable to toss out traffic citations (including photo radar) or offer any legal advice to individuals regarding photo radar citations. You may view an additional AG Opinion regarding photo radar here:
I see you offer Advanced Directives (ie: DNR, Living Will, Health Care Power of Attorney, etc... ) for free to the public. Should I also files these forms with your office once filled out?
The Arizona Attorney General’s Office provides these forms only as a courtesy. Some of these forms should be filed with the Arizona Secretary of State’s Office. Additional information may be found online here: http://www.azsos.gov/services/advance-directives
I was a victim of consumer fraud. Can you help?
Yes, the Arizona Attorney General’s Office has jurisdiction over the Arizona Consumer Fraud Act. You may wish to file a consumer complaint with our office by clicking here: https://www.azag.gov/complaints/consumer
What other kinds of scams should I be aware of?
To view information regarding other types of known scams, visit this link: https://www.azag.gov/seniors/consumer-scams