Condo Assessment Foreclosure | A.R.S. § 33-1256 | CV2013-095878
The court treated A.R.S. § 33-1256(A) as a foreclosure trigger once the condominium owner was delinquent for more than twelve months and more than $1,200.
Last updated July 2, 2026. Case: Camelback House Homeowners Association INC v. Marc Secter, Maricopa County Superior Court No. CV2013-095878.
Scope note: This page covers Camelback House Homeowners Association INC v. Marc Secter (Maricopa County Superior Court No. CV2013-095878) as a public Arizona superior-court HOA case guide. It is built from the court’s collected minute entries through 2015-12-14; the complete set of collected minute entries is available in the source-document index below. Currency caveat: later filings, satisfaction history, appeals, and the formal written orders referenced by the minutes may not be included in these records. Superior-court rulings bind only the parties and are not precedent. This page is educational and is not legal advice.
The takeaway
A condominium association can survive dismissal and obtain summary judgment when the recorded CC&Rs impose assessment obligations and the A.R.S. § 33-1256(A) delinquency threshold is met.
Case Participants
Petitioner Side
- Camelback House Homeowners Association INC (Plaintiff)
Association party in the HOA-related dispute. Court party records list counsel as Mark Waldron.
Respondent Side
- Marc Secter (Defendant)
Opposing homeowner or property-side party identified in the case caption.
Neutral Parties
- Hon. David (Judge)
Judicial officer appearing in the collected minute entries. - Hon. John Rea (Judge)
Judicial officer appearing in the collected minute entries.
What happened
Camelback House sued Marc Secter over unpaid condominium assessments. The owner first moved to dismiss, arguing the complaint failed to state a claim.
In September 2014, the court denied dismissal. It found the complaint alleged a history of nonpayment and that A.R.S. § 33-1256(A) allows a condominium association to exercise foreclosure rights when the statutory delinquency threshold is met.
In May 2015, after oral argument on the association’s summary-judgment motion, the court found the Camelback House CC&Rs applied to the owner, required payment of assessments and charges, and supported late fees, costs, and attorney fees.
The court found the owner remained $3,237.00 in arrears, had been delinquent for more than twelve months and more than $1,200, and granted summary judgment. The June 2015 minute entry granted the association’s fee application and entered final judgment.
Video overview of the ruling
An AI-generated video overview of Camelback House Homeowners Association INC v. Marc Secter (CV2013-095878 (Maricopa County Superior Court)). A condo association could foreclose once A.R.S. § 33-1256 delinquency thresholds were met. This plain-language summary was generated from the court’s filings; the court’s own ruling controls.
Listen: audio deep dive on the ruling
An AI-generated audio deep dive walking through the court’s reasoning and disposition in Camelback House Homeowners Association INC v. Marc Secter. Generated from the case filings; verify against the linked ruling below.
Procedural timeline
Complete uploaded source-document index
This index is generated from every public-facing source file currently present in assets/court_case_downloads/camelback-house-homeowners-association-inc-v-marc-secter/raw/: 15 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.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
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.
Oral Argument
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Oral Argument
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Under Advisement Ruling
Type: Court order/minute entry
Under-advisement ruling denying the owner’s Rule 12(b)(6) motion because the complaint stated an A.R.S. § 33-1256 assessment-foreclosure claim.
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.
Oral Argument
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Under Advisement Ruling
Type: Court order/minute entry
Under-advisement ruling granting Camelback House summary judgment, entering $3,237.00 against the owner, and awarding fees and costs.
Default Judgment
Type: Decision or judgment
Shows the filer trying to move the case forward because the opposing party had not timely appeared.
Judgment Entered
Type: Decision or judgment
Judgment-entry minute granting Camelback House’s fee application and entering final judgment for the association.
Oral Argument
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
FAQ
What did the superior court decide?
It granted summary judgment for the association and entered final judgment after finding the statutory foreclosure threshold was met.
Is this superior-court ruling precedent?
No. It binds the parties in this case but is useful only as a public record of how this dispute was handled.
Does the page summarize addresses or unit numbers?
No. Residential addresses and unit identifiers from the minute entries are intentionally omitted.
Who was the association party?
The association party identified in the collected court records was Camelback House Homeowners Association INC.
Does this replace legal advice?
No. This is an educational case guide based on public minute entries, not legal advice.
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 | CV2013-095878 (Maricopa County Superior Court) |
|---|---|
| Court / tribunal | Superior Court |
| Decision / key date | May 15, 2015 |
| Judge / panel | Hon. David, Hon. John Rea |
| Parties | Camelback House Homeowners Association, Inc. (Plaintiff) v. Marc Secter (Defendant) |
| Governing law | |
| Topics | assessmentsforeclosurelienscc-and-rsattorneys-fees |
| Outcome / holding | The superior court held that Camelback House stated and proved a foreclosure claim: the owner was delinquent for more than twelve months and more than $1,200, triggering A.R.S. § 33-1256(A), and the association could foreclose on the entirety of its lien and recover fees and costs. |
| Primary public source | View source opinion/order |
Parties, Court, and Research Coverage
| Uploaded source package | 15 PDFs |
|---|---|
| Step-by-step docket roadmap | 4 roadmap entries |
| Video overview | Camelback House Homeowners Association INC v. Marc Secter |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 5 questions |
| Curated download aliases | 1 download link |
Key Issues & Findings
The court denied the owner’s Rule 12(b)(6) motion, then granted Camelback House summary judgment on unpaid condominium assessments. The court found the CC&Rs required the owner to pay assessments and charges, found arrears above the A.R.S. § 33-1256(A) foreclosure threshold, entered judgment for $3,237.00, and later awarded fees and final judgment for the association.
The September 2014 ruling treated the owner’s motion as a Rule 12(b)(6) challenge and accepted the pleaded delinquency allegations. The court noted that A.R.S. § 33-1256(A) allows a condominium association to exercise foreclosure rights when the owner has been delinquent in payment obligations, found the owner had been delinquent for more than one year and more than $1,200, and denied dismissal.
At summary judgment, the court found the recorded Camelback House CC&Rs applied to the owner and required him to pay assessments and charges. It found an undisputed arrearage of $3,237.00 after a payment toward past assessments, held that the statutory delinquency threshold was a triggering mechanism for foreclosure, and concluded there were no genuine issues of material fact. The court entered judgment for the amount owed and awarded attorney fees and costs.
The June 2015 judgment-entry minute then granted the association’s fee application and stated that no further matters remained, making the judgment final under Rule 54(c).
This is a useful superior-court example of A.R.S. § 33-1256(A) being applied to condominium assessment-lien foreclosure. It is must-read because the court expressly connected the statutory one-year-or-$1,200 delinquency threshold to the association’s foreclosure right and applied the CC&Rs to the owner’s assessment obligations.