Karen and Marenis Kansfield

Briefing: Kansfield vs. Del Webb at Dove Mountain Community Association, Inc.

Executive Summary

This briefing document analyzes the administrative hearing and subsequent decision regarding the dispute between Petitioners Karen and Marenis Kansfield and the Respondent, Del Webb at Dove Mountain Community Association, Inc. (Case No. 26F-H045-REL).

The conflict originated from an incident on December 5, 2025, during a community Christmas party. The Kansfields were forcefully ordered to leave the event by a community employee, Barb Truman, on the grounds that they had not purchased tickets in their own names but were instead using tickets transferred from their neighbors, the Secotts. The Kansfields alleged that the Association violated several articles of the Covenants, Conditions, and Restrictions (CC&Rs), specifically regarding rights to common area use, due process for the suspension of rights, and the requirement for similar treatment of members.

Following a hearing on July 6, 2026, Administrative Law Judge (ALJ) Velva Moses-Thompson issued a decision on July 27, 2026, dismissing the petition. The ALJ concluded that the Association acted within its rights to enforce a non-transferable ticket policy and that the Kansfields failed to prove a violation of the CC&Rs, despite the acknowledged unprofessional conduct of the Association’s staff.

Key Themes and Analysis

1. The Validity of "Non-Transferable" Ticket Policies

A central point of contention was whether the Association had a formal rule prohibiting the transfer of event registrations.

• Petitioner Perspective: The Kansfields argued that no written rule in the governing documents prohibited ticket transfers. They maintained that they had verbal permission from an employee, Mitch Allen, to use the Secotts' tickets.
• Respondent Perspective: The Association argued that while perhaps not explicitly in the CC&Rs, the Social Committee had a clear understanding and practice that tickets were non-transferable.
• ALJ Finding: The ALJ found that the Social Committee had indeed adopted a rule that tickets could not be transferred. This was corroborated by evidence that the Kansfields were instructed by their neighbor to "pretend" to be the Secotts, suggesting an awareness that a direct transfer was not permitted.

2. Common Area Access vs. Restricted Event Participation

The Kansfields alleged violations of Article II, Sections 2.1 and 2.2, which grant members non-exclusive easements to use and enjoy common areas and recreational facilities.

• The Conflict: The Kansfields viewed their removal from the Saguaro Center as a denial of their fundamental right to access community property.
• The Defense: The Association argued that these rights are subject to the Board’s authority to adopt rules and regulations, including limiting the number of occupants for specific events.
• Legal Conclusion: The ALJ ruled that the Association did not violate Article II. Because the Kansfields had not purchased tickets for the sold-out event, their right to access that specific event was legally restricted by the Association's occupancy and registration rules.

3. Employee Professionalism and Association Liability

The hearing revealed significant evidence of hostile behavior by community employee Barb Truman.

• The Incident: Witness testimony from Stacy Brown and the Kansfields established that Truman used profanity ("I don't get paid enough to put up with this s***"), shouted at the petitioners in the parking lot, and directed staff to call 911 despite no evidence of a physical threat.
• Association Response: The Association admitted the treatment was "poor" and "regrettable" and confirmed that Truman was disciplined by her employer, Associated Asset Management.
• Legal Distinction: The ALJ noted that while she "sympathizes with the way that the Kansfields were treated," unprofessional conduct by an employee does not automatically constitute a violation of the CC&Rs.

4. Due Process and Sanctions

The Kansfields argued under Article IV, Section 4.2, that they were entitled to notice and a hearing before their rights to the community center were suspended.

• Analysis: The Association contended that they were not "suspending" the Kansfields' membership rights in a general sense; they were merely enforcing the rules of a specific ticketed event.
• Legal Conclusion: The ALJ determined that Article IV gives the Board discretion to impose sanctions but does not create a duty to follow formal sanctioning procedures before requiring someone to leave an event for which they are not registered.

Important Quotes and Context

Testimony on the Incident

Stacy Brown (Witness): "The Del Webb Barb Truman… was getting very adamant… It was obvious that this was turning into something that was not comfortable… Barb got quite upset and followed them out the door… with very inappropriate comments… 'I don't make enough money to put up with your s***.'"

• Context: This testimony supported the Kansfields' claim of hostile treatment and showed that the incident was public, occurring in front of other residents and ruining the event's atmosphere.

The "Smoking Gun" for the Defense

Jason Smith (Respondent Counsel): "Mitch said all you need to do when you check in is say you're John and Carol Secott, your impersonators."

• Context: Smith read this from a text message (Exhibit A) sent by Carol Secott to Karen Kansfield. This quote was critical in proving that the petitioners knew they were not technically authorized to attend under their own names, undermining their claim of a "straightforward" right to access.

Petitioner Argument on Governing Documents

Karen Kansfield: "This case is about a straightforward but serious violation of our rights as homeowners… This was not a rules enforcement action. It was arbitrary and unequal denial of access."

• Context: This highlights the petitioners' core argument: that the Association's actions were not based on established law but were an arbitrary exercise of power.

Administrative Law Judge's Reasoning

ALJ Velva Moses-Thompson: "While the ALJ sympathizes with the way that the Kansfields were treated at the 2025 Christmas party, there was no evidence presented that Del Webb’s actions violated the provisions of the CC&Rs cited in the petition."

• Context: This quote from the final decision illustrates the legal boundary between "bad behavior" and "illegal violation of governing documents."

Summary of CC&R Allegations and Rulings

Actionable Insights

• Formalize Event Policies: Associations should ensure that "understanding" or "practices" regarding ticket transfers are codified in written rules and clearly printed on event flyers or registration forms to avoid claims of "arbitrary" enforcement.
• Separation of Conduct and Law: Management should be aware that while an employee's unprofessional behavior (like the use of profanity or unnecessary 911 calls) can lead to internal disciplinary action, it may not constitute a breach of the Association’s governing documents unless it specifically infringes on a defined right.
• Documentation of Rules: The use of "impersonators" in text messages served as significant evidence of a known rule violation. Parties should be aware that informal communications (texts, emails) are discoverable and carry high evidentiary weight in administrative hearings.
• Burden of Proof in "Similar Treatment" Claims: To succeed in a claim of unequal treatment (Article 12.4), a petitioner must provide specific evidence of "similarly situated" individuals who were treated differently. General assertions that others "likely" did the same thing are insufficient for a legal preponderance of evidence.