Superior Court HOA Case
Sundance won the contract claim and prevailing-party fees, but the court denied late fees, collection fees, and foreclosure.
Last updated July 2, 2026. Case: Sundance Residential Homeowners Association v. Glawe, Maricopa County Superior Court No. CV2015-095178.
Scope note: This page covers Sundance Residential Homeowners Association v. Glawe (Maricopa County Superior Court No. CV2015-095178) as a public Arizona superior-court HOA case guide. It is built from the court’s filed minute entries, especially the September 14, 2016 under-advisement ruling and the November 21, 2016 final judgment. Superior-court rulings bind only the parties and are not precedent. This page is educational and is not legal advice.
The takeaway
Sundance won summary judgment for breach of contract and was treated as the prevailing party for fees and legal costs. But the court denied late fees and collection fees because they were not timely and properly invoiced, and it denied foreclosure because the assessments had been paid.
Case Participants
Petitioner Side
- Sundance Residential Homeowners Association Inc. (Plaintiff / counterdefendant)
Homeowners association pursuing assessment-related claims.
Respondent Side
- Lorri Glawe, Curt Glawe, and Jordan Glawe (Defendants / counterclaimants)
Homeowners opposing the association’s collection and foreclosure remedies.
Neutral Parties
- Robert H. Oberbillig (Judge)
Superior Court judge who issued the lis pendens ruling, summary-judgment ruling, and final judgment.
What happened
Sundance Residential Homeowners Association litigated assessment-related claims against the Glawe defendants after the case came up from White Tank Justice Court. The early superior-court entries addressed discovery, consolidation, and a stay request.
On March 1, 2016, the court denied the defendants’ motion to dissolve a lis pendens. The court found Sundance had shown adequate grounds for the filing but stated it was taking no position on the merits.
At the July 28, 2016 summary-judgment argument, the court ordered supplemental briefing on email notice of amounts due and A.R.S. § 33-1807(a). On September 14, 2016, the court granted Sundance summary judgment for breach of contract only. It denied late fees and collection fees because Sundance had not timely and properly invoiced them, and it denied foreclosure because the assessments had been paid.
In the final judgment, both sides sought fees as prevailing parties. The court found that, under the totality of circumstances, Sundance was the prevailing party. It awarded Sundance $7,500 in fees and $2,364.25 in legal costs, denied reconsideration, and entered final judgment under Rule 54(c).
Procedural timeline
Complete uploaded source-document index
This index is generated from every public-facing source file currently present in assets/court_case_downloads/sundance-residential-homeowners-association-v-glawe/raw/: 7 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.
Ruling
Type: Court order/minute entry
Ruling setting remote depositions, denying Sundance’s deposition-sanctions motion, denying consolidation, and denying a stay of discovery.
Ruling
Type: Court order/minute entry
Ruling denying the defendants’ motion to dissolve lis pendens because Sundance established adequate grounds for the filing, without deciding the merits.
Oral Argument Set
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Order
Type: Court order/minute entry
Summary-judgment argument entry taking Sundance’s motion under advisement and ordering supplemental briefing on email notice and A.R.S. § 33-1807(a).
Under Advisement Ruling
Type: Court order/minute entry
Under-advisement ruling granting Sundance summary judgment for breach of contract only, denying late fees and collection fees for improper invoicing, and denying foreclosure because assessments had been paid.
Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Judgment
Type: Decision or judgment
Final judgment finding Sundance the prevailing party under the totality of circumstances, awarding $7,500 in fees and $2,364.25 in legal costs, and denying reconsideration.
FAQ
Did Sundance win summary judgment?
Yes, but only for breach of contract. The court did not award late fees, collection fees, or foreclosure relief.
Why were late fees and collection fees denied?
The September 14, 2016 ruling says Sundance did not timely and properly invoice those amounts.
Why was foreclosure denied?
The court ruled Sundance was not entitled to foreclosure because the assessments had been paid.
Who was the prevailing party for fees?
The court found Sundance was the prevailing party under the totality of circumstances and awarded $7,500 in fees and $2,364.25 in legal costs.
Why is this case marked standard?
The case gives practical collection outcomes, but the minute entries do not contain extended statutory or CC&R analysis.
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 / citation | CV2015-095178 (Maricopa County Superior Court) |
|---|---|
| Court / tribunal | Superior Court |
| Decision / key date | November 21, 2016 |
| Judge / panel | Hon. Robert H. Oberbillig |
| Parties | Sundance Residential Homeowners Association Inc. (Plaintiff) v. Lorri Glawe, Curt Glawe, and Jordan Glawe (Defendants) |
| Governing law |
|
| Topics | assessmentsliensforeclosureattorneys-feesprocedure |
| Outcome / holding | The superior court granted Sundance summary judgment for breach of contract only, denied recovery of late fees and collection fees, denied foreclosure because the assessments had been paid, and entered final judgment awarding Sundance fees and legal costs as the prevailing party. |
| Primary public source | View source opinion/order |
Parties, Court, and Research Coverage
| Uploaded source package | 7 PDFs |
|---|---|
| Step-by-step docket roadmap | 5 roadmap entries |
| Video overview | No video embed currently configured |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 5 questions |
| Curated download aliases | 1 download link |
Key Issues & Findings
Sundance Residential Homeowners Association pursued assessment-related claims against the Glawe defendants. The court denied the defendants’ motion to dissolve a lis pendens, later granted Sundance summary judgment for breach of contract only, and ruled that Sundance could not recover late fees or collection fees because it had not timely and properly invoiced them. The court also held Sundance was not entitled to foreclosure after the assessments had been paid. In the final judgment, the court found Sundance was the prevailing party under the totality of circumstances, awarded $7,500 in fees and $2,364.25 in legal costs, and denied the defendants’ motion for reconsideration.
The March 1, 2016 ruling denied the defendants’ motion to dissolve the lis pendens because Sundance’s response established adequate grounds for the filing, while the court expressly took no position on the merits.
At the July 28, 2016 summary-judgment argument, the court ordered supplemental briefing on email notice of amounts due and A.R.S. § 33-1807(a). After reviewing the supplemental briefs, the September 14, 2016 under-advisement ruling granted Sundance’s motion for summary judgment for breach of contract only. The court agreed with the defense that Sundance had not timely and properly invoiced late fees or collection fees, so Sundance could not recover those damages. It also ruled foreclosure was unavailable because the assessments had been paid.
In the November 21, 2016 final judgment, the court considered both sides’ fee applications under A.R.S. § 12-341.01(A). Although each side prevailed on some issues, the court found Sundance was the prevailing party under the totality of circumstances, awarded Sundance $7,500 in fees and $2,364.25 in legal costs, denied reconsideration, and entered the order under Rule 54(c).
This case is useful for assessment disputes because it separates breach-of-contract liability from late-fee, collection-fee, and foreclosure remedies. The association won the contract claim and fees, but the court refused late/collection fees for defective invoicing and refused foreclosure after payment of assessments.
The case is marked standard because the minute entries announce those conclusions without extended statutory or CC&R analysis. It is a practical collection example, not a broad must-read rule.