**Case Title:** R.L. Whitmer v. Hilton Casitas Council of Homeowners (No. 24F-H034-REL)

**Hearing Overview**
On May 13, 2024, Administrative Law Judge Amy M. Haley held an oral argument regarding Petitioner R.L. Whitmer's Motion for Summary Judgment. The core dispute centered on whether the respondent's Board of Directors possessed the legal and contractual authority to adopt association rules and regulations on August 19, 2016.

**Key Arguments**
* **Petitioner's Argument:** Petitioner, representing himself, argued that the HOA's Declaration of Horizontal Property Regime is a contract, and Section 23.9 reserves the right to adopt and amend rules exclusively to the "Council" (defined as all unit owners). Petitioner asserted that Article 9, Section 2 of the association's bylaws, which grants rule-making authority to the board, inherently conflicts with the Declaration. Citing A.R.S. § 33-1213, Petitioner argued that when such a conflict exists, the Declaration supersedes the bylaws. Consequently, Petitioner requested the tribunal declare the 2016 rules invalid and sought to impose a civil penalty against the HOA. Petitioner additionally argued that the statute of limitations should be tolled based on a 2023 lower court of appeals decision regarding discovery.
* **Respondent's Argument:** The Respondent moved to dismiss the petition entirely, asserting it was barred by the statute of limitations. Counsel noted that HOA governing documents are considered contracts under Arizona law, which are subject to a six-year statute of limitations. Because the contested rules were adopted on August 19, 2016, Respondent argued the deadline to file a claim was August 19, 2022. Substantively, Respondent argued that the Declaration and the bylaws govern different subject matters and, under established Arizona law, must be read together and harmonized rather than interpreted as conflicting. Furthermore, Respondent argued there was no bad faith or punitive action to justify a civil penalty.

**Final Decision and Outcome**
On May 30, 2024, the Administrative Law Judge issued a final decision resolving the matter entirely on the statute of limitations defense.
* **Legal Findings:** The judge ruled that the HOA's governing documents (CC&Rs, Bylaws, and Rules) constitute contracts under Arizona law, meaning any related claims are subject to a six-year statute of limitations for breach of contract.
* **Ruling:** Because Petitioner alleged the breach occurred when the Board voted to adopt the rules on August 19, 2016, he was legally required to assert his claim on or before August 19, 2022. Having failed to file within this requisite six-year window, Petitioner's claim was time-barred.
* **Outcome:** The ALJ officially denied Petitioner’s Motion for Summary Judgment, granted Respondent’s Motion to Dismiss, and dismissed the complaint in its entirety.