Laveen Meadows Homeowners Association v. Mejia: HOA Foreclosure Right Fixed at Filing

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HOA Foreclosure | A.R.S. § 33-1807 | 1 CA-CV 18-0276

This landmark Arizona case establishes that a homeowner cannot defeat an HOA foreclosure action by bringing delinquent assessments current after the lawsuit is filed. The court ruled that the right to foreclose is fixed at filing, allowing the HOA to proceed to collect outstanding legal fees.

Last updated June 29, 2026. Case: Laveen Meadows, appellate No. 1 CA-CV 18-0276; opinion affirming.

Download the appellate opinion Download the appellate mandate Download the record index Source-file index FAQ

Scope note: This page covers the trial and appellate litigation history of Laveen Meadows v. Mejia, a precedential Arizona decision holding that a homeowner’s post-filing payment of delinquent assessments does not eliminate an association’s statutory right to foreclose for unawarded attorneys’ fees. This page is educational and is not legal advice.

The takeaway

The Arizona Court of Appeals held that under A.R.S. § 33-1807(A), an association’s statutory right to foreclose its assessment lien is determined as of the date the foreclosure action is filed, and a homeowner’s subsequent partial payment of delinquent assessments does not divest the court of jurisdiction or eliminate the association’s right to pursue foreclosure for remaining fees and costs.

Case Participants

Petitioner Side

  • Laveen Meadows Homeowners Association, Inc. (Plaintiff)
    Laveen Meadows Homeowners Association, Inc.
    Arizona nonprofit corporation that initiated the foreclosure action for delinquent assessments.
  • Chad M. Gallacher (Counsel)
    Maxwell & Morgan, P.C.
    Lead counsel representing Laveen Meadows Homeowners Association, Inc. throughout the case and appeal.
  • W. William Nikolaus (Counsel)
    Maxwell & Morgan, P.C.
    Counsel representing Laveen Meadows Homeowners Association, Inc. in trial and appellate proceedings.
  • Brian W. Morgan (Counsel)
    Maxwell & Morgan, P.C.
    Counsel representing Laveen Meadows Homeowners Association, Inc., participated in default and evidentiary hearings.
  • Samuel C. Richardson (Counsel)
    Maxwell & Morgan, P.C.
    Counsel representing Laveen Meadows Homeowners Association, Inc. in drafting default-related and appellate briefs.
  • Heather Yearack (Witness)
    Laveen Meadows Homeowners Association, Inc.
    Witness/representative for Laveen Meadows who testified regarding Mejia’s assessment ledger and late fees at the evidentiary hearing.
  • Mohammed al Sayed (Board Member)
    Laveen Meadows Homeowners Association, Inc.
    Laveen Meadows board member who attended the June 2, 2017 superior court hearing.
  • Lisa Riesland (Other)
    Laveen Meadows Homeowners Association / Management Company
    Community manager for Laveen Meadows, mentioned by witness Yearack in testimony.

Respondent Side

  • Carlos Mejia (Defendant)
    Homeowner of Lot 63, Laveen Meadows Parcel 2
    Homeowner who appealed the denial of his motion to set aside the default judgment of foreclosure.
  • Jonathan A. Dessaules (Counsel)
    Dessaules Law Group
    Lead counsel representing Defendant Carlos Mejia on appeal.
  • Jacob A. Kubert (Counsel)
    Dessaules Law Group
    Co-counsel representing Carlos Mejia in both the trial court and the Court of Appeals.
  • David E. Wood (Counsel)
    Dessaules Law Group
    Additional in-firm counsel representing Carlos Mejia during the appellate proceedings.
  • Paul Monaghan (Witness)
    Dessaules Law Group
    Witness for Carlos Mejia who testified at the evidentiary hearing regarding Mejia’s assessment payment of $5,000.
  • Davina Bressler (Counsel)
    Maricopa County Attorney’s Office
    Deputy County Attorney representing Defendant State of Arizona, which disclaimed interest and was dismissed.
  • State of Arizona (Defendant)
    State of Arizona, Maricopa County Finance Department Collections Unit
    Named as defendant due to a criminal restitution lien; filed a Disclaimer of Interest and was dismissed.
  • Lexington National Insurance Corporation (Defendant)
    Lexington National Insurance Corporation
    Named as defendant due to a recorded Deed of Trust; failed to appear and defaulted.
  • US Immigration Bonds and Insurance Services, Inc. (Defendant)
    US Immigration Bonds and Insurance Services, Inc.
    Named as defendant due to a recorded Deed of Trust; failed to appear and defaulted.
  • United States of America (Defendant)
    Department of the Treasury – Internal Revenue Service
    Named as defendant due to a federal tax lien; filed a Disclaimer of Interest and was dismissed with prejudice.

Neutral Parties

  • Hon. Margaret E. Benny (Judge)
    Maricopa County Superior Court
    Judge Pro Tempore/Commissioner who presided over the trial court proceedings, entered default judgment, and denied Rule 60(b) motion.
  • Hon. Maria Elena Cruz (Judge)
    Arizona Court of Appeals, Division One
    Presiding Judge who delivered the decision of the appellate court affirming the foreclosure judgment.
  • Hon. Kenton D. Jones (Judge)
    Arizona Court of Appeals, Division One
    Appellate judge on the panel who joined the majority opinion affirming the foreclosure judgment.
  • Hon. Kent E. Cattani (Judge)
    Arizona Court of Appeals, Division One
    Appellate judge who dissented, arguing that Mejia’s payment of assessments precluded foreclosure.
  • Hon. Michael J. Brown (Judge)
    Arizona Court of Appeals, Division One
    Appellate judge who was substituted for Judge Jones on the panel for the subsequent attorneys’ fees order.
  • Hon. Peter B. Swann (Judge)
    Arizona Court of Appeals, Division One
    Chief Judge of the Court of Appeals who signed the administrative memorandum substituting Judge Brown on the panel.
  • Hon. James P. Beene (Judge)
    Arizona Court of Appeals / Arizona Supreme Court
    Signed appellate procedural orders as Presiding Judge of Department M and Supreme Court orders as Duty Justice.
  • Hon. Melina Brill (Judge)
    Arizona Court of Appeals, Division One
    Judge Pro Tempore who signed initial procedural and dismissal orders on appeal.

What happened

In May 2016, Laveen Meadows Homeowners Association filed a judicial foreclosure complaint against homeowner Carlos Mejia, alleging that he was delinquent on assessments for over a year and in an amount exceeding $1,200. Mejia failed to file a timely answer, and the Association obtained an entry of default in December 2016.

Before the court entered default judgment, Mejia retained counsel and paid $5,000 – an amount that exceeded his delinquent assessments and late fees but did not cover the substantial attorneys’ fees the Association had incurred. Mejia moved to set aside the default, arguing that his payment eliminated the statutory basis for foreclosure under A.R.S. § 33-1807(A). The trial court denied the motion and entered a judgment of foreclosure, recording a negative principal balance of -$2,152.08 (reflecting Mejia’s overpayment of assessments) but ordering foreclosure of the lien to satisfy $11,190.00 in attorneys’ fees and $1,012.25 in costs. Mejia appealed, and the Court of Appeals affirmed the judgment.

Video overview: Right to Foreclose at Filing

This case study explores the Arizona Court of Appeals ruling that an HOA’s right to foreclosure is determined at the time of filing, and subsequent partial payments do not extinguish this right.

Procedural timeline

Step 2016-05-11 Complaint filed in Maricopa County Superior Court seeking foreclosure of assessment lien.
Step 2016-05-12 Carlos Mejia served with the Summons and Complaint by a private process server.
Step 2016-07-13 Laveen Meadows files Notice of Dismissal of Defendant State of Arizona.
Step 2016-08-22 IRS files Disclaimer of Interest; Laveen Meadows files Notice of Dismissal of Defendant United States of America.
Step 2016-10-12 Superior Court enters 150-Day Order Minute Entry.
Step 2016-12-08 Laveen Meadows files Application and Affidavit for Entry of Default against Carlos Mejia.
Step 2017-04-03 Laveen Meadows files Motion and Affidavit for Entry of Default Judgment, China Doll fee affidavit, and Statement of Costs.
Step 2017-04-14 Dessaules Law Group files Notice of Appearance for Carlos Mejia; Mejia files Motion to Set Aside Entry of Default, Answer, and Notice of Payment of $5,000 assessments.
Step 2017-04-17 Default hearing held; Superior Court resets hearing to June 2, 2017 to allow briefing on Mejia’s Motion to Set Aside Default.
Step 2017-04-28 Laveen Meadows files Response in Opposition to Motion to Set Aside Default.
Step 2017-05-10 Mejia files Reply in Support of Motion to Set Aside Entry of Default.
Step 2017-05-19 Laveen Meadows files Motion to Strike Mejia’s Reply for improperly citing unpublished trial court rulings.
Step 2017-05-24 Mejia files Response to Motion to Strike and attaches copies of the cited trial court rulings.
Step 2017-05-26 Laveen Meadows files Reply to Motion to Strike and Notice of Exhibits for the damages hearing.
Step 2017-06-02 Hearing held; Superior Court grants Laveen Meadows’ Motion to Strike and denies Mejia’s Motion to Set Aside Default; schedules evidentiary hearing on damages.
Step 2017-06-06 Superior Court signs Order formally denying Mejia’s Motion to Set Aside Default.
Step 2017-06-09 Mejia files Defendant’s Hearing Memorandum regarding damages and right of foreclosure.
Step 2017-06-19 Laveen Meadows files Pre-Hearing Memorandum, Supplemental China Doll Fee Affidavit, and Supplemental Application for Attorney Fees.
Step 2017-06-20 Default Evidentiary Hearing on damages held; Heather Yearack and Paul Monaghan testify; Court takes matter under advisement.
Step 2017-07-03 Mejia files Objection to Proposed Judgment, Objection to Statement of Costs, and Response to Fee Application.
Step 2017-07-14 Laveen Meadows files Replies in support of its Proposed Judgment, Fee Application, and Statement of Costs.
Step 2017-08-04 Superior Court signs and files Judgment of Foreclosure, awarding -$2,152.08 principal, $11,190.00 in attorney’s fees, and $1,012.25 in costs.
Step 2017-08-16 Mejia files Notice of Appeal, initiating case 1 CA-CV 17-0539.
Step 2017-08-17 Mejia files Motion to Set Supersedeas Bond and Stay Enforcement of Judgment in Superior Court.
Step 2017-08-31 Laveen Meadows files Notice of Cross-Appeal.
Step 2017-09-28 Superior Court sets Mejia’s supersedeas bond at $0.00 and stays enforcement of the judgment pending appeal.
Step 2017-12-07 Court of Appeals issues Order terminating stay and dismissing appeal 1 CA-CV 17-0539 for lack of jurisdiction because a direct appeal cannot be taken from a default judgment without first seeking Rule 60(b) relief.
Step 2017-12-20 Mejia files Motion to Set Aside Default Judgment under Rule 60(b) in Superior Court; Court of Appeals dismisses the Association’s cross-appeal.
Step 2018-01-10 Laveen Meadows files Response in Opposition to Mejia’s Motion to Set Aside Default Judgment.
Step 2018-01-30 Mejia files Reply in Support of Motion to Set Aside Default Judgment.
Step 2018-03-28 Superior Court enters signed Minute Entry denying Mejia’s Motion to Set Aside Default Judgment and permitting Association to apply for post-judgment fees.
Step 2018-04-05 Laveen Meadows files Post-Judgment Application for Attorney Fees ($7,680.00) and Statement of Costs ($98.51).
Step 2018-04-20 Superior Court signs Order granting Laveen Meadows’ post-judgment attorney’s fees and costs.
Step 2018-04-25 Mejia files Notice of Appeal, initiating case 1 CA-CV 18-0276.
Step 2018-05-16 Mejia files Motion to Set Supersedeas Bond and Stay Enforcement of Judgment in Superior Court.
Step 2018-05-31 Appellate clerk files Index of Record from Superior Court for case 1 CA-CV 18-0276.
Step 2018-06-12 Court of Appeals dismisses appeal 1 CA-CV 18-0276 for lack of jurisdiction, believing the Superior Court’s April 20, 2018 fees order had not been resolved or signed.
Step 2018-06-14 Mejia files Motion for Reconsideration and to Reinstate Appeal in Court of Appeals, attaching the signed April 20 order; also files duplicate Motion to Set Supersedeas Bond in Superior Court.
Step 2018-07-10 Mejia files Reply in Support of Motion for Reconsideration in the Court of Appeals.
Step 2018-07-13 Court of Appeals enters Order vacating its dismissal and reinstating appeal 1 CA-CV 18-0276; Mejia files Notice of No Response to his bond motion in Superior Court.
Step 2018-07-23 Mejia files Case Management Statement and Notice of Transcript Order in the Court of Appeals.
Step 2018-09-12 Mejia files Appellant’s Opening Brief.
Step 2018-11-21 Laveen Meadows files Appellee’s Answering Brief.
Step 2018-11-26 Laveen Meadows files Motion for Leave to Have Clerical Error Corrected by the Trial Court.
Step 2019-01-07 Mejia files Response opposing Laveen Meadows’ Motion to Correct Clerical Error.
Step 2019-01-14 Laveen Meadows files Reply in Support of Motion to Correct Clerical Error.
Step 2019-01-28 Court of Appeals enters Order denying Laveen Meadows’ Motion to Correct Clerical Error.
Step 2019-03-26 Mejia files Appellant’s Reply Brief.
Step 2019-04-23 Mejia files Request for Oral Argument.
Step 2019-05-01 Court of Appeals enters Order granting the request for oral argument.
Step 2019-07-24 Laveen Meadows files Notice of New Binding Authority regarding the 2019 legislative amendment to A.R.S. § 33-1807.
Step 2019-07-29 Mejia files Motion to Strike Notice of New Authority or, alternatively, to order supplemental briefing.
Step 2019-08-07 Laveen Meadows files Response in Opposition to Mejia’s Motion to Strike Notice of New Authority.
Step 2019-08-13 Court of Appeals enters Order granting request for supplemental briefs on the meaning and application of newly-amended A.R.S. § 33-1807.
Step 2019-08-27 Both parties file simultaneous Supplemental Briefs in the Court of Appeals.
Step 2019-09-03 Oral argument held before Court of Appeals Department A.
Step 2020-05-01 Court of Appeals enters Order amending the short caption to ‘Laveen Meadows v. Mejia.’
Step 2020-05-05 Court of Appeals files its published Opinion affirming the trial court’s denial of the motion to set aside the default judgment of foreclosure.
Step 2020-05-20 Mejia files Motion for Reconsideration in the Court of Appeals.
Step 2020-05-26 Court of Appeals enters Order denying Mejia’s Motion for Reconsideration.
Step 2020-06-04 Mejia files Petition for Review in the Arizona Supreme Court, assigned No. CV-20-0167-PR.
Step 2020-06-18 Court of Appeals enters Order granting Laveen Meadows’ appellate attorney’s fees ($33,005.00) and costs ($512.00).
Step 2020-09-22 Arizona Supreme Court enters Order denying Mejia’s Petition for Review and granting Laveen Meadows’ request for Supreme Court attorney’s fees.
Step 2020-11-25 Laveen Meadows files Notice of Settlement in the Arizona Supreme Court.
Step 2020-11-30 Arizona Supreme Court enters Order dismissing the pending fee applications following settlement of the matter.
Step 2020-12-03 Court of Appeals issues its Civil Mandate to the trial court, concluding the appellate proceedings.

Complete uploaded source-document index

This index is generated from every public-facing source file currently present in assets/court_case_downloads/laveen-meadows-homeowners-association-v-carlos-mejia/raw/: 234 PDFs. Files are ordered by the date/sequence embedded in the normalized filename; AI-generated review materials are labeled separately and should not be treated as court filings.

Source 1 2018-05-24

0000 Index Of Record

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2018-05-24_001_0000-index-of-record.pdf
Source 2 2018-05-24

0001 Complaint

Type: Opening pleading

Starts or reframes the case and identifies the claims or relief requested.

Download source file
2018-05-24_002_0001-complaint.pdf
Source 4 2018-05-24

0003 Civil Cover Sheet

Type: Court/source PDF

Court intake document classifying the case for filing and assignment purposes.

Download source file
2018-05-24_004_0003-civil-coversheet.pdf
Source 5 2018-05-24

0004 Notice Of Lis Pendens

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-05-24_005_0004-notice-of-lis-pendens.pdf
Source 7 2018-05-24

0006 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2018-05-24_007_0006-summons.pdf
Source 10 2018-05-24

0009 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2018-05-24_010_0009-summons.pdf
Source 11 2018-05-24

0010 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2018-05-24_011_0010-summons.pdf
Source 13 2018-05-24

0012 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-05-24_013_0012-certificate-of-service.pdf
Source 14 2018-05-24

0013 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2018-05-24_014_0013-summons.pdf
Source 17 2018-05-24

0016 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-05-24_017_0016-certificate-of-service.pdf
Source 18 2018-05-24

0017 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2018-05-24_018_0017-summons.pdf
Source 33 2018-05-24

0032 Notice Of Appearance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-05-24_033_0032-notice-of-appearance.pdf
Source 39 2018-05-24

0038 Credit Memo

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-05-24_039_0038-credit-memo.pdf
Source 40 2018-05-24

0039 Minute Entry Hearing Set 04172017

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-05-24_040_0039-me-hearing-set-04172017.pdf
Source 57 2018-05-24

0056 Reply To Motion To Strike

Type: Motion/application

Reply paper; usually the final written response before the court takes the issue under advisement.

Download source file
2018-05-24_057_0056-reply-to-motion-to-strike.pdf
Source 59 2018-05-24

0058 Minute Entry Hearing Set 06022017

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-05-24_059_0058-me-hearing-set-06022017.pdf
Source 60 2018-05-24

0059 Defendants Hearing Memorandum

Type: Court/source PDF

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2018-05-24_060_0059-defendants-hearing-memorandum.pdf
Source 69 2018-05-24

0068 Minute Entry Hearing 06202017

Type: Court/source PDF

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2018-05-24_069_0068-me-hearing-06202017.pdf
Source 77 2018-05-24

0076 Judgment Of Foreclosure

Type: Decision or judgment

Decision document; read it to understand the controlling result before moving to later filings.

Download source file
2018-05-24_077_0076-judgment-of-foreclosure.pdf
Source 78 2018-05-24

0077 Minute Entry Judgment Signed 08042017

Type: Decision or judgment

Decision document; read it to understand the controlling result before moving to later filings.

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2018-05-24_078_0077-me-judgment-signed-08042017.pdf
Source 79 2018-05-24

0078 Exhibit Worksheet Hd 06202017

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-05-24_079_0078-exhibit-worksheet-hd-06202017.pdf
Source 80 2018-05-24

0079 Notice Of Appeal

Type: Procedural/service filing

Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.

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2018-05-24_080_0079-notice-of-appeal.pdf
Source 85 2018-05-24

0084 Court Of Appeals Receipt

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-05-24_085_0084-court-of-appeals-receipt.pdf
Source 86 2018-05-24

0085 Electronic Index Of Record

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-05-24_086_0085-electronic-index-of-record.pdf
Source 88 2018-05-24

0087 Court Of Appeals Receipt

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-05-24_088_0087-court-of-appeals-receipt.pdf
Source 106 2018-05-24

0105 Notice Of Appeal

Type: Procedural/service filing

Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.

Download source file
2018-05-24_106_0105-notice-of-appeal.pdf
Source 111 2018-06-12

0000 Order Dismissing Appeal

Type: Court order/minute entry

Court or agency order; this is usually the document that tells readers what changed next.

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2018-06-12_111_0000-order-dismissing-appeal.pdf
Source 113 2018-06-14

0001 Certificate Of Compliance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-06-14_113_0001-certificate-of-compliance.pdf
Source 114 2018-06-14

0002 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

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2018-06-14_114_0002-certificate-of-service.pdf
Source 115 2018-06-14

0003 Exhibit 1

Type: Court/source PDF

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2018-06-14_115_0003-exhibit-1.pdf
Source 118 2018-06-27

0000 Certificate Of Compliance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-06-27_118_0000-certificate-of-compliance.pdf
Source 119 2018-06-27

0000 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-06-27_119_0000-certificate-of-service.pdf
Source 121 2018-06-28

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-06-28_124_0001-certificate-of-service.pdf
Source 123 2018-07-10

0001 Permission By Order

Type: Court order/minute entry

Court or agency order; this is usually the document that tells readers what changed next.

Download source file
2018-07-10_126_0001-permission-by-order.pdf
Source 124 2018-07-10

0002 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-07-10_127_0002-certificate-of-service.pdf
Source 126 2018-07-17

0108 Order

Type: Court order/minute entry

Court or agency order; this is usually the document that tells readers what changed next.

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2018-07-17_129_0108-order.pdf
Source 127 2018-07-17

0109 Court Of Appeals Receipt

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-07-17_130_0109-court-of-appeals-receipt.pdf
Source 128 2018-07-17

0110 Electronic Index Of Record

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-07-17_131_0110-electronic-index-of-record.pdf
Source 131 2018-07-17

0113 Court Of Appeals Receipt

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-07-17_134_0113-court-of-appeals-receipt.pdf
Source 137 2018-07-23

0000 Case Management Statement

Type: Court/source PDF

Case-management filing; it tells the court how the parties propose to schedule and manage the case.

Download source file
2018-07-23_140_0000-case-management-statement.pdf
Source 139 2018-07-23

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-07-23_142_0001-certificate-of-service.pdf
Source 140 2018-07-23

0001 Certificate Of Service 2

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

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2018-07-23_143_0001-certificate-of-service-2.pdf
Source 143 2018-08-09

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

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2018-08-09_146_0001-certificate-of-service.pdf
Source 146 2018-09-12

0001 Certificate Of Compliance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-09-12_149_0001-certificate-of-compliance.pdf
Source 147 2018-09-12

0002 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-09-12_150_0002-certificate-of-service.pdf
Source 149 2018-10-16

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-10-16_152_0001-certificate-of-service.pdf
Source 152 2018-11-21

0001 Certificate Of Compliance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-11-21_155_0001-certificate-of-compliance.pdf
Source 153 2018-11-21

0002 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-11-21_156_0002-certificate-of-service.pdf
Source 155 2018-11-26

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

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2018-11-26_158_0001-certificate-of-service.pdf
Source 156 2018-11-26

0002 Exhibit A And B

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

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2018-11-26_159_0002-exhibit-a-and-b.pdf
Source 159 2018-12-13

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2018-12-13_162_0001-certificate-of-service.pdf
Source 162 2019-01-07

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

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2019-01-07_165_0001-certificate-of-service.pdf
Source 163 2019-01-07

0002 Exhibit A

Type: Court/source PDF

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2019-01-07_166_0002-exhibit-a.pdf
Source 165 2019-01-14

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2019-01-14_168_0001-certificate-of-service.pdf
Source 166 2019-01-28

0000 Order Denying Motion

Type: Court order/minute entry

A request for a specific ruling or procedural action; the next document is often a response or order.

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2019-01-28_169_0000-order-denying-motion.pdf
Source 168 2019-02-14

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

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2019-02-14_171_0001-certificate-of-service.pdf
Source 172 2019-03-18

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2019-03-18_175_0001-certificate-of-service.pdf
Source 173 2019-03-18

0001 Certificate Of Service 2

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

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2019-03-18_176_0001-certificate-of-service-2.pdf
Source 176 2019-03-26

0001 Certificate Of Compliance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

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2019-03-26_179_0001-certificate-of-compliance.pdf
Source 177 2019-03-26

0002 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

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Source 180 2019-04-23

0001 Certificate Of Service

Type: Procedural/service filing

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Source 181 2019-04-24

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Source 185 2019-07-25

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Source 187 2019-07-25

0001 Exhibit 1

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Source 189 2019-07-29

0001 Certificate Of Service

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Source 192 2019-08-07

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Source 195 2019-08-12

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Source 198 2019-08-27

0000 Appellees Supplemental Brief

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Source 202 2019-08-27

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Source 205 2019-08-27

0002 Certificate Of Service

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Source 206 2019-08-27

0002 Certificate Of Service 2

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Source 209 2020-05-05

0000 Enotification Of Opinion

Type: Decision or judgment

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Source 210 2020-05-05

0000 Opinion

Type: Decision or judgment

Opinion holding that under A.R.S. § 33-1807(A), an association’s statutory right to foreclose its assessment lien is determined as of the date the foreclosure action is filed, and a homeowner’s subsequent partial payment of delinquent assessments does not divest the court of jurisdiction or eliminate the association’s right to pursue foreclosure for remaining fees and costs.

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Source 212 2020-05-14

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Source 216 2020-05-14

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Source 220 2020-05-20

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Source 223 2020-06-02

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Source 227 2020-06-15

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Source 234 2020-12-03

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FAQ

Does paying off delinquent assessments after an HOA foreclosure lawsuit is filed stop the foreclosure under Arizona law?

No. In the binding precedent of Laveen Meadows v. Mejia, the Arizona Court of Appeals held that an association’s statutory right to foreclose is determined as of the date the lawsuit is filed. Bringing the assessment balance current after filing does not eliminate the HOA’s right to proceed with foreclosure to recover outstanding attorneys’ fees and costs.

What is the statutory threshold for an HOA to file a foreclosure lawsuit in Arizona?

Under A.R.S. § 33-1807(A), an HOA can only foreclose its assessment lien if the owner has been delinquent in the payment of assessments (excluding collection fees, late charges, and attorneys’ fees) for a period of one year or in the amount of $1,200 or more, whichever occurs first.

Can an HOA foreclose on a home solely to collect unpaid attorneys’ fees and costs?

Yes, if the statutory foreclosure threshold for assessments was met on the date the lawsuit was filed. While attorneys’ fees alone are not foreclosable assessments, if a foreclosure action is properly initiated based on delinquent assessments, the HOA can continue the foreclosure process to recover its reasonable collection fees, attorneys’ fees, and late charges.

Is the Laveen Meadows v. Mejia ruling binding precedent for all Arizona HOAs and homeowners?

Yes. This decision is a published, precedential opinion from the Arizona Court of Appeals, Division One. It was subsequently clarified and codified by the Arizona Legislature in amendments to A.R.S. § 33-1807(A), confirming that eligibility for foreclosure is determined on the date the action is filed.

How can a homeowner stop an HOA foreclosure once a lawsuit has been filed?

Once a foreclosure action is filed, a homeowner cannot unilaterally stop the process merely by paying the delinquent assessments. To completely stop the foreclosure and redeem the property, the homeowner must satisfy the entire secured debt, which includes all delinquent assessments, late fees, costs, and the HOA’s reasonable attorneys’ fees.

Case Dossier

This generated dossier mirrors the structured data surfaced on the OAH/ADRE case pages. It is added from the curated court-case record and the custom page source package, while the hand-authored analysis below remains intact.

Case Summary

Case ID / citation1 CA-CV 18-0276
Court / tribunalCourt of Appeals
Decision / key dateMay 5, 2020
Judge / panelHon. Margaret E. Benny, Hon. Maria Elena Cruz, Hon. Kenton D. Jones, Hon. Kent E. Cattani
PartiesLaveen Meadows Homeowners Association, Inc. (Plaintiff/Appellee) v. Carlos Mejia (Defendant/Appellant)
Governing law
Topics
foreclosureassessmentsattorneys-feesprocedure
Outcome / holding

The Arizona Court of Appeals held that under A.R.S. § 33-1807(A), an association’s statutory right to foreclose its assessment lien is determined as of the date the foreclosure action is filed, and a homeowner’s subsequent partial payment of delinquent assessments does not divest the court of jurisdiction or eliminate the association’s right to pursue foreclosure for remaining fees and costs.

Parties, Court, and Research Coverage

Uploaded source package234 PDFs
Step-by-step docket roadmap66 roadmap entries
Video overviewLaveen Meadows: Right to Foreclose at Filing
Study / briefing material1 section
FAQ / homeowner questions5 questions
Curated download aliases3 download links

Key Issues & Findings

Case Summary

Laveen Meadows Homeowners Association filed a judicial foreclosure action against homeowner Carlos Mejia for delinquent assessments exceeding $1,200. Mejia subsequently paid $5,000, which covered the delinquent assessments and late fees but did not cover the HOA’s unawarded attorney’s fees. Mejia argued that bringing the assessments current eliminated the statutory basis for foreclosure under A.R.S. § 33-1807(A). The trial court denied Mejia’s motion to set aside the default judgment of foreclosure, holding that the statutory threshold delinquency must exist when the action is filed, and subsequent partial payments do not divest the court of jurisdiction or extinguish the foreclosure right. The Arizona Court of Appeals affirmed the trial court’s decision in a 2-1 opinion, holding that under A.R.S. § 33-1807(A), the right to foreclose is determined at the inception of the lawsuit, and subsequent payments towards delinquent assessments do not eliminate the association’s right to proceed with foreclosure to recover its outstanding collection fees and attorney’s fees.

Key Issues & Findings

The Court of Appeals focused on the plain language of A.R.S. § 33-1807(A), concluding that the statutory conditions permitting foreclosure—such as delinquency for one year or in the amount of $1,200 or more—act as a triggering event or ripeness element required to initiate the foreclosure action. Once this threshold is met at the time of filing, jurisdiction is established, and subsequent actions or partial payments by the homeowner do not divest the court of jurisdiction or extinguish the association’s lien foreclosure right.

The court distinguished the Arizona statute from California’s negative phrasing, which explicitly limits the ongoing right to foreclose. It also noted that the Arizona Legislature’s post-dispute amendment to § 33-1807(A), adding the phrase ‘as determined on the date the action is filed,’ serves as a clarifying declaration of the original statute’s intent.

The dissenting opinion argued that the majority’s decision leads to an absurd result where a homeowner who has paid all delinquent assessments can still have their home foreclosed upon solely to satisfy unawarded and unadjudicated attorney’s fees, which are otherwise non-foreclosable under the statute.

Why It Matters

For Arizona homeowners, this case emphasizes the critical risk of allowing HOA assessment delinquencies to reach the statutory thresholds of $1,200 or one year. Once a foreclosure lawsuit is filed, homeowners cannot unilaterally stop the foreclosure process merely by paying the outstanding assessments; they must pay the entire debt, including the HOA’s substantial and often unadjudicated attorney’s fees, to protect their homes from a sheriff’s sale.

For HOA boards and managers, the ruling confirms their leverage in collection actions but also reinforces the necessity of strict compliance with statutory thresholds on the exact date of filing. For legal counsel, it highlights the importance of maintaining an accurate accounting of assessments versus attorney’s fees and demonstrates that contractual attorney’s fees provisions in CC&Rs do not merge with a default judgment, allowing the recovery of post-judgment collection costs.

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