Arizona HOA Elections | Corporate Authority | ADRE/OAH Special Action
This page organizes the pending Superior Court special-action record over whether Sunland Springs had a valid authorized response to an ADRE petition and whether the Commissioner had to treat the allegations as admitted.
Last updated May 16, 2026. Case: AZNH Revocable Trust v. Susan Nicolson, Tammy Eigenheer, and Sunland Springs Village Homeowners Association, Maricopa County Superior Court No. CV2026-008484; Hon. Adele Ponce.
Scope note: This page is an educational guide to the uploaded court record. AI-generated briefing and media files in the upload were reviewed only as orientation; the published analysis relies on court filings, orders, and agency records.
The posture in one sentence
The uploaded record presents a pending fight over whether an HOA response filed without an identified board vote can still defeat default treatment in an ADRE homeowner petition.
Case snapshot
Whether an allegedly unauthorized HOA response to an ADRE petition can be treated as no response for default purposes.
The uploaded record is pending-stage litigation through April 29, 2026, not a final merits ruling.
The April 27, 2026 order reset oral argument to June 26, 2026.
The record is useful for tracking board authorization, apparent authority, and ADRE/OAH default procedure arguments.
What the record shows
AZNH ties its default theory to corporate-governance statutes and board meeting records, arguing that the association did not authorize the petition response or counsel involvement.
The Commissioner and Sunland Springs take the opposite view: ADRE received a response, the Commissioner is not required to investigate internal corporate authorization, and apparent authority can bind the corporation.
No final ruling is in the uploaded file set. The page therefore treats this as a pending litigation record and uses exact dates from the filings rather than implying an outcome.
What this pending record is testing
AZNH argues the HOA response was not authorized by the board and therefore should not count as a response.
The dispute asks whether an allegedly unauthorized response can trigger default treatment under the HOA petition process.
The Commissioner and HOA argue that ADRE received a response and need not resolve internal corporate-authority disputes before moving the case forward.
The uploaded record ends with motions pending and oral argument reset to June 26, 2026.
What this case does not yet decide
This page should be read as a pending-record guide, not as a final rule. The uploaded file set does not contain a final ruling on whether Sunland Springs defaulted, whether counsel lacked authority, or whether ADRE had to treat the response as void.
That limitation matters. The current value of the page is the way it organizes the filings, arguments, hearing settings, and source documents so readers can follow the pending dispute without confusing allegations with holdings.
For homeowners: preserving an authorization/default theory
A homeowner trying to raise an authorization defect should focus first on the record: board meeting notices, agendas, minutes, written consents, engagement letters, response filings, and correspondence showing who acted for the association and when.
The tighter the record, the easier it is to separate a corporate-governance argument from a general complaint about the association. This page gives readers a roadmap for the kind of filings and exhibits that matter when default, authority, and agency procedure collide.
Suggested record-building workflow
- Get the response document. Start with the actual ADRE/OAH response and identify who signed, filed, or authorized it.
- Request board authorization records. Look for minutes, written consents, resolutions, engagement letters, or emails showing board approval.
- Match dates carefully. Compare the response deadline, board-meeting dates, attorney-appearance dates, and any later ratification attempt.
- Keep allegations separate from proof. A missing authorization record is different from a court finding that no authority existed.
- Track pending rulings. Because this file set ends before final merits decision, later court orders should be added when available.
For boards, managers, and counsel: avoid the dispute
- Document who is authorized to respond to ADRE/OAH petitions.
- Make attorney engagement and litigation-response authority clear in minutes or written consents.
- Preserve response-deadline communications and proof of filing.
- Keep board authorization records accessible if authority is later challenged.
- Do not assume a response filing will end all questions about authority.
- Do not leave counsel or management authority undocumented when statutory deadlines are running.
- Do not mix privileged legal advice with the nonprivileged fact of who authorized action.
- Do not treat pending allegations as final rulings.
Timeline highlights
| Date | Event | Why it mattered |
|---|---|---|
| 2026-02-26 | AZNH filed the verified complaint and special-action materials. | The case opened with the default and corporate-authority theory. |
| 2026-03-25 | Sunland Springs filed its motion to dismiss and AZNH filed a response. | The briefing began framing whether the response could be treated as legally effective. |
| 2026-04-21 | The Commissioner filed a motion to dismiss and response to the motion for judgment. | The agency-position filing put the ADRE/OAH procedural view into the Superior Court record. |
| 2026-04-27 | The court continued oral argument to June 26, 2026. | The uploaded record remains pending-stage, so final outcome should not be inferred from the pleadings. |
Frequently asked questions
Is there a final ruling in this uploaded record?
No. The file set is pending-stage litigation through April 29, 2026, with oral argument reset to June 26, 2026.
What is AZNH arguing?
AZNH argues that the HOA response was not properly authorized and should be treated as no response for ADRE default purposes.
What are the opposing arguments?
The Commissioner and HOA argue that ADRE received a response, that internal authority disputes do not require mandatory default, and that apparent authority can matter.
Why include the full filing roadmap?
The page lets readers distinguish filings, allegations, motions, and court settings instead of treating a pending complaint as a decided rule.
Review note and disclaimer
Reviewed against the uploaded Superior Court filings through April 29, 2026 and the source-file roadmap. Because no final merits ruling appears in the file set, this page labels the dispute as pending and distinguishes allegations from holdings. It is educational information, not legal advice.
Video overview: anatomy of this special action
Watch this visual explainer for the procedural path in CV2026-008484: filing the special action, serving the defendants, briefing motions to dismiss and for judgment, and tracking the next Superior Court hearing setting.
Related AZNH pages
Peremptory ALJ-change special action
The 2025 special action over A.R.S. 41-1092.07(A) and reassignment of the earlier OAH case.
Older OAH election-records page
The administrative election-records dispute that produced the earlier remand and ALJ reassignment fight.
AZNH executive-session voting page
Separate Court of Appeals page on open-meeting voting and executive-session agendas.
Filing roadmap and source PDFs
This roadmap uses the normalized filenames in the raw download folder. Duplicate exhibit references may point to the same PDF because some filings attach earlier administrative records as exhibits.
Articles of Incorporation
Filed by: Underlying record exhibit
Articles of Incorporation for Sunland Springs Village Homeowners Association. Original upload name: 001cd9b9-0f99-45ca-b5ec-3e69a7378445.pdf.
Administrative Law Judge Decision
Filed by: Underlying record exhibit
ALJ decision denying AZNH’s 2024 petition regarding document production related to the 2024 SSV HOA election. Original upload name: f71ea3cb-cb10-4cf5-ba65-b5c6d1113cb4.pdf.
Judgment & Order
Filed by: Underlying record exhibit
Superior Court order declaring that all voting or formal actions by the HOA Board of Directors must occur in open meetings. Original upload name: 001cd9b9-0f99-45ca-b5ec-3e69a7378445.pdf.
HOA Petition Request Form
Filed by: Underlying record exhibit
AZNH’s petition to the ADRE alleging election material inspection violations by the HOA. Original upload name: 001cd9b9-0f99-45ca-b5ec-3e69a7378445.pdf.
HOA Notice of Petition
Filed by: Underlying record exhibit
ADRE’s official notice to the HOA regarding the petition and the deadline to respond by Dec 31, 2025. Original upload name: 001cd9b9-0f99-45ca-b5ec-3e69a7378445.pdf.
Meeting Minutes
Filed by: Underlying record exhibit
Minutes and agenda for the SSV HOA Board of Directors meeting. Original upload name: b5fe6551-ea43-4f90-aa8f-e44a49f7ed40.pdf.
Electronic Message and Response Form
Filed by: Underlying record exhibit
HOA’s response to the ADRE petition, submitted by attorney Gallacher and signed by Paul Marenda. Original upload name: 001cd9b9-0f99-45ca-b5ec-3e69a7378445.pdf.
Notice of Hearing
Filed by: Underlying record exhibit
OAH notice setting a contested hearing for March 6, 2026. Original upload name: 001cd9b9-0f99-45ca-b5ec-3e69a7378445.pdf.
Verified Complaint
Filed by: AZNH Revocable Trust
Verified Complaint for Special Action and Injunction filed by AZNH against ADRE, OAH, and SSV HOA. Original upload name: 001cd9b9-0f99-45ca-b5ec-3e69a7378445.pdf.
Certificate of Compulsory Arbitration
Filed by: Record filing
Certificate certifying the case is not subject to compulsory arbitration. Original upload name: 1496a1b0-369b-493f-aaac-454ce78b414c.pdf.
Motion for Order to Show Cause
Filed by: Court
Plaintiff’s request for the court to issue an order for defendants to show cause. Original upload name: 1faf0e37-6f19-4d76-aa4d-932319494b08.pdf.
Order to Appear
Filed by: Court
Court order requiring defendants to appear on March 9, 2026. Original upload name: e3a1a9d0-c927-4b2a-a0b1-fab3c20f61f5.pdf.
Correspondence/Email
Filed by: Record filing
Emails from John Sullivan to defendants’ counsel providing notice of the lawsuit and order to appear. Original upload name: 86c22155-a336-49d2-bf13-4f61390624a7.pdf.
Notice of Related Cases
Filed by: ADRE / Commissioner
ADRE’s notice listing other litigations between the parties. Original upload name: f90d2ef5-ca27-46bd-98bb-21d431152663.pdf.
Reply
Filed by: AZNH Revocable Trust
Plaintiff’s reply to the Commissioner’s notice of related cases. Original upload name: 86c22155-a336-49d2-bf13-4f61390624a7.pdf.
Limited Response
Filed by: OAH / judicial defendants
Interim Director Eigenheer’s limited response stating judicial neutrality and non-participation. Original upload name: 4d5eb155-9fa2-45b4-8c29-460c63f6bb6c.pdf.
Reply
Filed by: AZNH Revocable Trust
Plaintiff’s reply to the Director’s limited response regarding judicial status. Original upload name: f39611a0-daff-4b2e-9188-84b9076c8018.pdf.
Minute Entry
Filed by: Court
Court record of the OSC Return Hearing; case continued to March 27 to allow for service. Original upload name: cd068156-f8df-4966-abe6-6e2e108e7625.pdf.
Declaration of Service
Filed by: ADRE / Commissioner
Proof of service on Susan Nicolson, Commissioner of ADRE. Original upload name: 9f81c7d4-9a0e-405f-8e91-75f977661c11.pdf.
Motion for Judgment on the Case Filings
Filed by: AZNH Revocable Trust
Plaintiff’s motion requesting judgment based on HOA records showing no board vote for the response. Original upload name: b5fe6551-ea43-4f90-aa8f-e44a49f7ed40.pdf.
Declaration of Service
Filed by: Record filing
Proof of service on Tammy Eigenheer, Director of OAH. Original upload name: 41ab7f13-8433-4657-be26-b810ac69f0f6.pdf.
Request for Stay
Filed by: AZNH Revocable Trust
Plaintiff’s restated request for a stay of the administrative proceedings. Original upload name: a7daba68-4581-4adb-b909-3d2ec62156fb.pdf.
Motion to Dismiss
Filed by: Sunland Springs HOA
SSV HOA’s motion to dismiss the special action complaint. Original upload name: 95d2fe0e-5e30-4524-b070-4c5d36421c67.pdf.
Response to Motion to Dismiss
Filed by: AZNH Revocable Trust
Plaintiff’s opposition to the HOA’s motion to dismiss. Original upload name: bed2f745-17c8-47dc-b5cd-119eb03e6159.pdf.
Minute Entry
Filed by: Court
Status conference record; stay denied; oral argument set for May 4, 2026. Original upload name: e11c133a-c8cd-4d78-92a3-e81abcc7ddae.pdf.
Reply
Filed by: Sunland Springs HOA
HOA’s reply in support of its motion to dismiss. Original upload name: d95bfc3e-e36f-4f9d-b94b-3fe4a46acdfc.pdf.
Response
Filed by: AZNH Revocable Trust
HOA’s opposition to Plaintiff’s motion for judgment on the case filings. Original upload name: f71ea3cb-cb10-4cf5-ba65-b5c6d1113cb4.pdf.
Reply
Filed by: AZNH Revocable Trust
Plaintiff’s reply to the HOA’s opposition to judgment on case filings. Original upload name: 29b2c677-a6b3-4244-b0af-61ee3f8ee158.pdf.
Notice of Pinpoint Citation
Filed by: Sunland Springs HOA
HOA’s notice providing specific language from the Miller case regarding apparent authority. Original upload name: bf4cf23c-fa75-4649-9a7e-6fb8a2503b1b.pdf.
Motion to Dismiss and Response
Filed by: ADRE / Commissioner
Commissioner Nicolson’s motion to dismiss her as a defendant and response to the motion for judgment. Original upload name: 95ff7482-f6a4-4125-a96b-ebba36781498.pdf.
Notice of Substitution of Counsel
Filed by: Record filing
Notice substituting Kelly Gillilan-Gibson for Kara Karlson as counsel for Tammy Eigenheer. Original upload name: c531d9cb-1924-47d0-8e05-34bb9671ed04.pdf.
Stipulation to Continue
Filed by: Parties
Parties’ request to continue the May 4 oral argument to explore settlement. Original upload name: b0aef153-672f-47e7-ad73-3ee06c22c300.pdf.
Order Granting Continuation
Filed by: Court
Court order resetting the May 4 oral argument to June 26, 2026. Original upload name: a95a22a8-28b3-41db-9315-6a37430ca367.pdf.
Response to Motion to Dismiss
Filed by: AZNH Revocable Trust
Plaintiff’s response to the Commissioner’s motion to dismiss. Original upload name: 72851100-a4fa-402c-b9bc-8d72bce44a59.pdf.
Reply
Filed by: AZNH Revocable Trust
Plaintiff’s reply to the Commissioner’s response on motion for judgment. Original upload name: f85ae622-5cc5-4b56-8546-e3a17dbdb9dd.pdf.
Additional uploaded court PDFs
These court PDFs were present in the upload but were not separate rows in the AI-generated chronology. They are preserved in the raw source folder for completeness.
| Date | Download | Note |
|---|---|---|
| 2026-02-26 | 2026-02-26_005_civil-cover-sheet.pdf | Civil cover sheet filed with the complaint package. |
| 2026-02-26 | 2026-02-26_006_summons-susan-nicolson.pdf | Summons issued for Susan Nicolson. |
| 2026-02-26 | 2026-02-26_007_summons-tammy-eigenheer.pdf | Summons issued for Tammy Eigenheer. |
| 2026-02-26 | 2026-02-26_008_summons-sunland-springs-village-hoa.pdf | Summons issued for Sunland Springs Village Homeowners Association. |
| 2026-03-23 | 2026-03-23_016a_declaration-service-tammy-eigenheer-copy.pdf | Second uploaded copy of the Tammy Eigenheer declaration of service. |
| 2026-03-23 | 2026-03-23_017_declaration-service-sunland-springs.pdf | Declaration of service for Sunland Springs Village Homeowners Association. |
| 2026-03-25 | 2026-03-25_019_declaration-service-susan-nicolson-scanned.pdf | Scanned declaration of service for Susan Nicolson. |
| 2026-03-25 | 2026-03-25_020_declaration-service-tammy-eigenheer-scanned.pdf | Scanned declaration of service for Tammy Eigenheer. |
| 2026-03-25 | 2026-03-25_021_declaration-service-sunland-springs-scanned.pdf | Scanned declaration of service for Sunland Springs Village Homeowners Association. |