Case Summary
| Case ID | 24F-H049-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2025-01-21 |
| Administrative Law Judge | Samuel Fox |
| Outcome | partial |
| Filing Fees Refunded | $2,500.00 |
| Civil Penalties | $500.00 |
Parties & Counsel
| Petitioner | The Gregory M and Donna P Hulbert Family Trust dated May 25, 1995 | Counsel | — |
|---|---|---|---|
| Respondent | The Summit at Copper Square Condominium Association | Counsel | Daryl Wilson |
Alleged Violations
Condominium Declaration 7.1, 7.12, 7.14
Condominium Declaration 4.6.1, 4.6.2
Condominium Declaration 3.3.1, 3.3.2, 4.13
A.R.S. § 33-1248(E), A.R.S. § 33-1248(F)
Condominium Declaration 5.1
Outcome Summary
The ALJ ruled in favor of the Petitioner on the issues regarding the 'puppy potty' structure and the open meeting and agenda notice requirements, ordering compliance, a $1,000 filing fee refund, and a $500 civil penalty. The ALJ ruled in favor of the Respondent on the issues regarding budget and reserve funding, the news crew presence, and the structural repair timeline, finding no violations on those matters.
Why this result: Petitioner lost three issues because the board acted within its discretion on budgeting, the news crew was not proven to be an actionable nuisance, and the board was adequately following expert advice on structural repairs despite the slow timeline.
Key Issues & Findings
Inadequate Budget and Reserve Funding
Petitioner alleged the HOA borrowed money from reserves for operating expenses and failed to adequately fund reserves due to an inadequate budget.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- Declaration 7.1
- Declaration 7.12
- Declaration 7.14
Puppy Potty on Common Elements
Petitioner alleged the HOA installed a puppy potty on the common elements roof area, constituting a nuisance and violating pet restrictions.
Orders: Respondent directed to comply with community documents going forward. Assessed a civil penalty of $500.
Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00
Disposition: petitioner_win
- Declaration 4.6.1
- Declaration 4.6.2
News Crew in Common Area
Petitioner alleged the HOA allowed a news crew to use the common area, violating quiet enjoyment and acting as an annoyance or nuisance.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- Declaration 3.3.1
- Declaration 3.3.2
- Declaration 4.13
Failure to Provide Meeting Notice and Agendas
Petitioner alleged the HOA failed to provide required notice for executive sessions and failed to provide adequate information on agendas to allow meaningful evaluation.
Orders: Respondent directed to comply with the requirements of A.R.S. § 33-1248 and its Community Documents going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1248(E)
- A.R.S. § 33-1248(F)
Failure to Repair Structural Damage
Petitioner alleged the HOA failed to expediently maintain, repair, and replace structural damage resulting from a pool leak to the garage ceiling.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- Declaration 5.1
Decision Documents
24F-H055-REL Decision – 1214040.pdf
24F-H055-REL Decision – 1218977.pdf
24F-H055-REL Decision – 1218981.pdf
24F-H055-REL Decision – 1219895.pdf
24F-H055-REL Decision – 1235253.pdf
24F-H055-REL Decision – 1264402.pdf
**Case Summary: 24F-H055-REL (Consolidated with 24F-H049-REL)**
**Parties:** The Gregory M and Donna P Hulbert Family Trust (Petitioner) v. The Summit at Copper Square Condominium Association (Respondent).
**Tribunal:** Arizona Office of Administrative Hearings, presided by Administrative Law Judge Samuel Fox.
**Key Facts & Main Issues:**
The Petitioner, a unit owner at The Summit at Copper Square, filed a petition against the Condominium Association alleging multiple violations of the Association's Declaration (CC&Rs) and Arizona Revised Statutes (A.R.S.) relating to financial mismanagement, unauthorized use of common elements, meeting notice procedures, and failure to repair structural damage.
The hearing centered on five core legal issues:
1. **Budget and Reserve Funding:** Petitioner alleged the HOA improperly used reserve funds for operating expenses and failed to adequately fund reserves. Respondent argued the Board exercised proper discretion, relied on property management experts, and successfully maintained a budget surplus in 2024.
2. **"Puppy Potty" Installation:** Petitioner argued the HOA's installation of a dog relief area on the roof (a common element) violated Declaration provisions restricting pets and pet structures in common areas. Respondent countered that the roof was previously an unused, locked area and the installation was a community amenity.
3. **News Crew on Common Elements:** Petitioner alleged the HOA violated residents' easement of quiet enjoyment by allowing a news crew into common areas to cover the 2023 baseball postseason. Respondent argued the crew was invited to an HOA pool party and caused no unreasonable annoyance.
4. **Meeting Notice and Agendas:** Petitioner alleged the HOA held executive sessions without proper notice and provided insufficient agendas for open meetings, violating A.R.S. § 33-1248. Respondent claimed agendas were properly posted and executive sessions were limited to permissible topics.
5. **Structural Repairs:** Petitioner alleged the HOA violated its duty to maintain common elements by delaying repairs to structural cracking and water leaks in the parking garage and pool. Respondent countered that it was actively relying on and following the step-by-step recommendations of hired structural engineers.
**Outcome and Final Decision:**
The Administrative Law Judge issued a split decision.
**Petitioner prevailed on Issues 2 and 4:**
* The ALJ
Case Participants
Petitioner Side
- Donna Hulbert (petitioner)
The Gregory M and Donna P Hulbert Family Trust dated May 25, 1995
Trustee and homeowner representing the trust. - Jay Parry Erb (witness)
Former HOA Board Member
Former treasurer of the HOA board, called to testify on behalf of the petitioner.
Respondent Side
- Daryl Wilson (HOA attorney)
Gordon Rees
Attorney representing the respondent, The Summit at Copper Square Condominium Association. - Greg Axelrod (board member)
HOA Board of Directors
Current HOA board president who testified on behalf of the respondent. - Zachary Beckham (witness)
Former HOA Board President
Former HOA board president, testified on behalf of the respondent. - Tony Carro (board member)
HOA Board of Directors
HOA board member and engineer mentioned in testimony. - Christy Woodruff (board member)
HOA Board of Directors
HOA board member. - Grodier (board member)
HOA Board of Directors
HOA board member mentioned by the petitioner. - Bartquez (board member)
HOA Board of Directors
HOA board member mentioned by the petitioner. - Dana Knight (board member)
HOA Board of Directors
Newest HOA board member mentioned in testimony.
Neutral Parties
- Samuel Fox (ALJ)
Office of Administrative Hearings
Administrative Law Judge presiding over the hearing and author of the decision. - Felicia Del Sol (ALJ)
Office of Administrative Hearings
Administrative Law Judge who signed an order granting continuance. - Brad Palmer (property manager)
First Service Residential
Former general manager for the property. - Dan Harvey (property manager)
First Service Residential
Current general manager for the property. - Kimberly Greenland (financial controller)
First Service Residential
Financial controller for the management company. - Carla Chung (financial executive)
First Service Financial
Senior VP of cash management and lending at First Service. - Frank Derso (property management executive)
First Service Residential
Director of the urban high-rise division. - Angelica Romero (property manager)
First Service Residential
Assistant general manager. - Holly (property manager)
First Service Residential
Mid-level manager for First Service. - Keith (building engineer)
HOA
Building engineer who identified the area for the dog run. - Ward Holland (engineer)
Gervasio & Assoc., Inc.
Engineer who conducted structural inspections and reporting. - Jack Gordon (engineer)
Gervasio & Assoc., Inc.
Engineer who conducted subsequent structural testing and reporting. - Susan Nicolson (agency official)
Arizona Department of Real Estate
Commissioner of ADRE.
Other Participants
- Debbie Goodwin (homeowner)
Former HOA Board Member
Homeowner with financial experience who attended budget meetings. - Scott McCain (committee member)
HOA Budget Committee
Resident who served on the budget committee. - Hal (committee member)
HOA Budget Committee
Resident who served on the budget committee.
