05/19/2020 — CV2019055880 MASTER HOMEOWNERS ASSOCIATION INC, RANCHO CABRILLO 05/19/2020 HONORABLE LISA DANIEL FLORES View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
05/20/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-055880
05/19/2020
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
A. Wood
Deputy
RANCHO CABRILLO MASTER
HOMEOWNERS ASSOCIATION INC
TROY B STRATMAN
v.
FREDY ORLANDO OLAYA, et al.
FREDY ORLANDO OLAYA
26556 N 132ND LN
PEORIA AZ 85383
JUDGE FLORES
MINUTE ENTRY
The Court received Plaintiff’s Motion for Summary Judgment, filed March 23, 2020. The
motion shows that a copy was sent to Defendants at the address which was shown on Defendants’
answer, filed November 22, 2019. Defendants did not file a response
Summary judgment is appropriate where there is no genuine issue of material fact, and the
moving party is entitled to judgment as a matter of law. Rule 56(c), Ariz. R. Civ. P. In determining
whether there are any factual issues to resolve, the Court views the matters of record in the light
most favorable to the party opposing the summary judgment motion. Espinoza v. Schulenburg,
212 Ariz. 215, 129 P.3d 937 (2006). If the party with the burden of proof on the claim or defense
cannot respond to the motion by showing that there is evidence creating a genuine issue of fact on
the element in question, then the motion for summary judgment should be granted. Orme School
v. Reeves, 166 Ariz. 301, 802 P.2d 1000 (1990).
The failure to respond to a motion may be treated as consent to it being granted. Ariz. R.
Civ. P. 7.1(b). However, a plaintiff may only obtain summary judgment if it submits undisputed
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-055880
05/19/2020
Docket Code 019
Form V000A
Page 2
admissible evidence that would compel any reasonable juror to find in its favor on every element
of its claim. Comerica Bank v. Mahmoodi, 224 Ariz. 289 (App. 2010). In Wells Fargo Bank, N.A.
v. Allen, 231 Ariz. 209 (App. 2012), the court detailed the requirements for affidavits offered in
support of motions for summary judgment. Among other things, an affidavit must be made on
personal knowledge, and must affirmatively demonstrate that the affiant is competent to testify to
the matters set forth therein. Where the affiant is acting as a records custodian, the records should
be attached to the affidavit, and the affidavit should describe specifically why they fall within the
business records exception. And, the affidavit should provide a means to evaluate the accuracy of
the calculation of damages.
In this matter, Plaintiff (an HOA) sued Defendants (home owners in the HOA) for breach
of contract and judicial foreclosure based on their alleged failure to pay assessments and other
charges. Plaintiff sought summary judgment on both claims.
Deed restrictions – including the requirement to pay assessments and fees pursuant to the
property’s declarations -- constitute a contract between the property owners as a whole and the
individual lot owners. Johnson v. Pointe Community Ass’n., Inc. 205 Ariz. 485, 489 (App. 2003).
Pursuant to A.R.S. § 33-1256(A), an HOA has a lien on a unit for any assessment levied against
that unit from the time the assessment becomes due. The association’s lien for assessments, for
charges for late payment of those assessments, for reasonable collection fees and for reasonable
attorney fees and costs incurred with respect to those assessments may be foreclosed in the same
manner as a mortgage on real estate but may be foreclosed only if the owner has been delinquent
in the payment of monies secured by the lien, excluding reasonable collection fees, reasonable
attorney fees and charges for late payment of and costs incurred with respect to those assessments,
for a period of one year or in the amount of $1,200 or more, whichever occurs first, as determined
on the date the action is filed. [Emphasis added.]
Based on the record presented,
The Court finds that Plaintiff’s Exhibit D to its SOF (affidavit of the supervisor of account
services for Plaintiff’s property management company) laid foundation for Plaintiff’s business
record exhibits. Defendants purchased a home subject to HOA assessments and failed to pay
assessments and other charges as required by the property’s declarations. Exhibit C (Plaintiff’s
account ledger showing Defendants’ assessments and payment history) shows that Defendants had
their monthly assessments of $55.10 prepaid through February 2018, with a partial prepaid amount
applied to the March 2018 assessment. Neither the remainder of the March 2018 monthly
assessment, nor any other monthly assessment since, was paid by Defendants. Defendants also
incurred substantial late fees, collection fees, and attorneys’ fees. Defendants only payments since
April 1, 2018 were two payments, both made September 17, 2019, for a total of $620.40. The total
amount owed by Defendants as of March 1, 2020 is $5,034.28.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-055880
05/19/2020
Docket Code 019
Form V000A
Page 3
The Court further finds that by failing to pay the assessments and fees, Defendants
breached their contract with Plaintiff.
As to the claim for judicial foreclosure, based on the record presented the Court finds that
Defendants had unpaid assessments for a period of one year as determined on the date the action
was filed (August 1, 2019). For that reason, Plaintiff is entitled to foreclose on the lien against
Defendants’ property.
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment, filed March 23,
2020.
IT IS FURTHER ORDERED awarding Plaintiff $5,034.28 for unpaid fees and
assessments.
IT IS FURTHER ORDERED awarding Plaintiff its costs. A statement of costs shall be
filed within 20 days of the entry of this order.
IT IS FURTHER ORDERED awarding Plaintiff its reasonable attorneys’ fees. An
application for attorneys’ fees shall be filed within 20 days of the entry of this order.
IT IS FURTHER ORDERED that, within 20 days of the entry of this order, Plaintiff shall
lodge a proposed judgment, with blanks in the spaces for costs and attorneys’ fees. The proposed
judgment shall contain all necessary language to pursue judicial foreclosure, if Plaintiff intends to
foreclose on the property.
11/14/2019 — CV2019055880 MASTER HOMEOWNERS ASSOCIATION INC, RANCHO CABRILLO 11/14/2019 HONORABLE LISA DANIEL FLORES View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
11/18/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-055880
11/14/2019
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
G. Chavez
Deputy
RANCHO CABRILLO MASTER
HOMEOWNERS ASSOCIATION INC
TROY B STRATMAN
v.
FREDY ORLANDO OLAYA, et al.
FREDY ORLANDO OLAYA
NO ADDRESS ON RECORD
BETTY OLAYA
NO ADDRESS ON RECORD
COMM. HOLDING
JUDGE FLORES
MINUTE ENTRY
This Court has received Plaintiff’s e-filed Application for Entry of Default against
Defendant(s), Fredy Orlando Olaya and Betty Olaya, in the above-captioned case.
IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).
The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Steven Holding.
IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-055880
11/14/2019
Docket Code 023
Form V000A
Page 2
Pursuant to the Maricopa County eFiling Guidelines, Section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
and Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet, in paper to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form.
The parties/counsel can find additional information regarding the default judgment
process at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/
