**Case Summary: Deanna Morris v. Sundance Residential HOA**
**Case No. 15F-H1515001-BFS**

**Proceedings and Parties**
This administrative hearing was held on June 10, 2015, before the Arizona Office of Administrative Hearings regarding a petition filed by homeowner Deanna Morris (Petitioner) against Sundance Residential HOA (Respondent),. The Petitioner represented herself, while the Respondent was represented by counsel.

**Main Issues and Key Facts**
The dispute centered on the HOA’s approval of a walkout balcony and gazebo constructed on a property neighboring the Petitioner's residence.
* **Architectural Violations:** The Petitioner alleged the structures violated the Covenants, Conditions, and Restrictions (CC&Rs) regarding "harmony and compatibility," blocked her scenic views of the sunset, and were not completed within approved timeframes,,. She further argued the Architectural Committee used incorrect rules during the approval process and that the structures included unapproved, intrusive lighting,.
* **Billing Dispute:** The Petitioner contested an unexplained invoice for $1,076.00 added to her account.

**Key Arguments and Testimony**
* **Petitioner's Position:** Ms. Morris argued that the Committee failed to protect her property value and privacy. She claimed the neighbor's project deviated from approved plans and that the Committee should have utilized rules effective April 1, 2014, rather than the 2011 rules used,.
* **Respondent's Position:** The HOA denied the allegations, asserting the project complied with all governing documents,.
* **Witness Testimony:** The neighbor, Martha Duran, testified that she obtained necessary approvals from the HOA and the City of Buckeye and completed construction within the allowed period,. Committee member Willard Brunner testified that the Committee reviews plans for harmony and view impact but noted that neighbors do not possess "veto power" over approved projects,. He confirmed the structures were within community standards.
* **Billing Resolution:** The HOA’s community manager testified that the disputed $1,076.00 fee was an administrative error and had been removed from the Petitioner’s account prior to the hearing,.

**Legal Analysis and Findings**
The Administrative Law Judge (ALJ) applied the "preponderance of the evidence" standard, placing the burden of proof on the Petitioner,.
* **Compliance:** The ALJ found credible testimony established that the Committee properly reviewed the plans and that the "as-built" structures complied with the approved specifications and community standards,.
* **Governing Documents:** The ALJ cited Article VII of the CC&Rs, which authorizes the Committee to review plans for harmony and location, and noted that the Petitioner failed to prove the HOA violated these documents,.

**Outcome and Final Decision**
* **Hearing Decision:** The ALJ recommended that the petition be dismissed, ruling that Sundance Residential HOA was the prevailing party. The Petitioner failed to meet the burden of proof required to establish a violation of the CC&Rs.
* **Subsequent Action:** A rehearing was initially granted and scheduled for November 2, 2015. However, on October 29, 2015, the Department of Fire, Building and Life Safety rescinded the Order Granting Rehearing Request. Consequently, the Office of Administrative Hearings issued an order vacating the hearing and mooting all pending motions.