Case Summary
| Case ID | 26F-H116-REL |
|---|---|
| Agency | Arizona Department of Real Estate |
| Tribunal | Office of Administrative Hearings |
| Decision Date | 2026-09-21 |
| Administrative Law Judge | Nicole Robinson |
| Outcome | Petition denied |
| Filing Fee Reimbursement | $0.00 |
| Civil Penalties | — |
Parties & Counsel
| Petitioner | Evelyn Keiling, TTE – The Keiling Living Trust | Counsel | Evelyn Keiling |
|---|---|---|---|
| Respondent | Lone Mountain Community Association | Counsel | Mark Sahl, Esq., Jonathan Ebertshauser, Esq. |
Alleged Violations
CC&Rs Article 3, Section 3.1; Design Guidelines Sections 1.5 and 5.1.7 (as alleged in the petition)
Outcome Summary
The September 21, 2026 decision denied the petition because Petitioner failed to prove the alleged violations of the governing documents. Respondent was not required to reimburse the filing fee. The tribunal expressly declined to adjudicate challenges to the Association's authority to act under A.R.S. Section 10-3304 or other laws in Title 10, Chapter 26.
Key Issues & Findings
Wall-color requirement: alleged CC&R and Design Guideline violations
The ALJ found that Petitioner failed to prove the alleged governing-document violations by a preponderance of the evidence. Petitioner did not identify a specific violated subsection of CC&Rs Article 3, Section 3.1, and Design Guidelines Section 5.1.7 did not exist. The decision cited CC&Rs Section 5.10.2 and Design Guidelines Section 5.8 in rejecting the pleaded claims. It expressly declined to adjudicate challenges to the Association's authority to act under A.R.S. Section 10-3304 or other laws in Title 10, Chapter 26; it did not decide those excluded claims.
Orders: The petition was denied. Respondent was not required to reimburse Petitioner's filing fee.
Disposition: Petition denied
Case Participants
Petitioner Side
- Evelyn Keiling (Petitioner)
The Keiling Living Trust
Respondent Side
- Mark Sahl (Attorney)
CHDB Law, LLP - Jonathan Ebertshauser (Attorney)
CHDB Law, LLP
The appearances paragraph on page 1 spells the surname Ebertshuser; the service block on page 12 identifies Jonathan Ebertshauser. - Marcia Hahn (Board President)
Lone Mountain Community Association - Steve Reed (Named in board meeting minutes)
Lone Mountain Community Association
Named in the December 16, 2020 board-meeting excerpt on page 5; no hearing appearance is stated. - Bob Phillipps (Named in board meeting minutes)
Lone Mountain Community Association
Named in the January 13, 2021 board-meeting excerpt on page 5; no hearing appearance is stated. - Elaine Parriott (Association Secretary)
Lone Mountain Community Association
Identified as Association Secretary who recorded the March 21, 2024 meeting notes on page 5; no hearing appearance is stated. - Marc Paquette (Named in architectural-committee report)
Lone Mountain Community Association
Named in the April 22, 2025 meeting excerpt on page 6; the decision does not expressly identify a committee membership or hearing appearance. - Keith Sutcliffe (Named in board meeting minutes)
Lone Mountain Community Association
Named in the November 20, 2025 board-meeting excerpt on page 7; no hearing appearance is stated.
Neutral Parties
- Nicole Robinson (Administrative Law Judge)
Office of Administrative Hearings - Susan Nicolson (Service recipient)
Arizona Department of Real Estate
Listed with the Arizona Department of Real Estate – HOA in the service block on page 12; no hearing appearance or specific agency job title is stated.