Arizona HOA Transparency Project

Holding HOA Boards, Attorneys, and Management Companies Accountable

Arizona HOA Transparency Project

HOA Court Cases

Arizona court rulings applicable to HOA law, organized by court level. Each card starts with why the ruling matters for HOA boards, homeowners, and counsel.

Superior Court

Trial-level rulings from Arizona Superior Courts that interpret HOA-related statutes or address common HOA disputes.

13 cases

Sandra Rodriguez v. Gardens-Gilbert Community Association, et al.

Maricopa County Superior Court No. CV2024-005940 (consolidated with CV2024-013806)
Superior Court · May 27, 2026 · A Gilbert homeowner, appearing pro se, sued her HOA, its management company, and three in…
Why it matters
For Arizona HOA disputes, the case reinforces that CC&Rs are the contract between owner and association — breach-of-contract claims are confined to specific recorded CC&R terms and generally cannot be brought against a management company that is not a party to that contract. It confirms that Arizona recognizes no stan…
pending-litigationccrs-as-contractnegligencears-33-1805economic-loss-doctrinepro-se-litigant
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AZNH Revocable Trust v. Kay Abramsohn, Arizona Office of Administrative Hearings, Arizona Department of Real Estate, and Sunland Springs Village Homeowners Association

CV2025-036466 / OAH 24F-H047-REL-RMD
Superior Court · March 25, 2026 · AZNH sought special-action relief after an ALJ and OAH leadership refused to honor a pere…
Why it matters
This case is useful for Arizona HOA administrative disputes because it shows how the new peremptory ALJ-change language can operate in a pending OAH case. It also gives homeowners and associations a concrete example of special-action review when an administrative tribunal refuses to honor a claimed procedural right.
administrative-appealsprocedurerecords-requestselections
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AZNH Revocable Trust v. Susan Nicolson, Tammy Eigenheer, and Sunland Springs Village Homeowners Association

CV2026-008484
Superior Court · February 26, 2026 · AZNH brought a special action against the ADRE Commissioner, the OAH Interim Director, an…
Why it matters
This case is worth tracking because it tests how far a homeowner can push corporate-authorization defects inside the Arizona HOA petition process. It also links board meeting records, attorney authority, ADRE default procedure, and OAH hearing authority in one pending Superior Court record.
administrative-appealsboard-governanceprocedureelections
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Thomas J. Gusich v. Sun City Grand Community Association, Inc.

CV2025-002634 / 1 CA-CV 25-0929
Superior Court · September 23, 2025 · A former Sun City Grand board member challenged his removal, the association’s board cond…
Why it matters
Gusich is a practical roadmap for Arizona HOA board-removal litigation. It warns homeowners and boards not to assume Title 33 is the only authority source, shows why declaratory claims need a live controversy, limits director-indemnification theories when a director sues the HOA, and demonstrates that even a prevailin…
board-governanceprocedureattorneys-feesrecords-requests
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AZNH Revocable Trust v. Arizona Department of Real Estate and Sunland Springs Village Homeowners Association

LC2025-000025 / OAH 24F-H047-REL
Superior Court · April 17, 2025 · AZNH sought Superior Court administrative review after the OAH/ADRE electronic-ballot rec…
Why it matters
This administrative appeal is a useful Arizona HOA procedure map. It shows how an ADRE/OAH records case can move into Superior Court, return to OAH on a limited evidentiary remand, and then generate later disputes over remand scope, subpoena authority, and enforcement. For homeowners and boards, the case is a reminder…
administrative-appealsrecords-requestselectionsprocedure
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Lisa Marx v. Tara Condominiums Association, Inc.

CV2025-012980
Superior Court · April 14, 2025 · Lisa Marx, a Tara condominium owner, sued Tara Condominiums Association over alleged open…
Why it matters
This pending condo case is useful because it places Arizona Condominium Act open-meeting, records, insurance, common-element, amendment, and direct-versus-derivative arguments in one source packet. It is especially relevant after Iqtunheimr and the Sunland Springs appellate decision because Tara’s May 2026 motion asks…
meetings-and-recordsboard-governancecc-and-rsrecords-requestsprocedureattorneys-fees
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R. L. Whitmer v. Hilton Casitas Homeowners Association

CV2022-014709 / 1 CA-CV 23-0350
Superior Court · January 30, 2024 · A condominium owner sought contempt enforcement of a 2015 administrative budget order aga…
Why it matters
This later Whitmer docket is the limiting companion to the 2018 published jurisdiction decision. It shows that a homeowner may have a Superior Court forum to enforce a final administrative HOA order, but contempt still requires a clear, specific, enforceable command tied to the alleged later violation. Appellate outco…
procedureboard-governanceattorneys-fees
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R. L. Whitmer v. Hilton Casitas Homeowners Association

CV2021-050888 / 1 CA-CV 22-0202
Superior Court · January 19, 2023 · A condominium owner brought statutory budget, assessment, audit, and administrative-order…
Why it matters
This docket is useful for separating merits loss from fee exposure. A homeowner can lose statutory HOA claims, but that does not automatically make the case a contract action for attorney-fee purposes. The memorandum decision is not published precedent, but the case record is a practical warning about pleading theory…
procedureattorneys-feesboard-governance
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Bolton Anderson, et al. v. Recreation Centers of Sun City Inc.

CV2015-012458 (see also 2019 Ariz. Sess. Laws Ch. 185 / SB 1094)
Superior Court · October 10, 2019 · Sun City residents sued the nonprofit corporation that operates Sun City recreational fac…
Why it matters
For Arizona HOA practice, the lasting lesson is twofold. First, a favorable trial-court statutory interpretation is not the end of the story: the Legislature can, and here did, retroactively amend the governing definitions to nullify it, which is why this database now shows the 2019 defense judgment rather than the 20…
board-governanceassessmentsstatutory-amendmentprocedure
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William M. Brown v. Terravita Country Club, Inc.

CV2017-055475
Superior Court · June 4, 2018 · A homeowner asked the Maricopa County Superior Court to enforce an ADRE/OAH records-order…
Why it matters
The case is a practical example of both the power and limits of taking an Arizona HOA records win from ADRE/OAH into superior court. A homeowner can seek judicial enforcement after an association loses an A.R.S. § 33-1805 records case, but the court may require a precise missing-records showing and may treat later pro…
records-requestsprocedureboard-governanceattorneys-fees
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Mesa Sierra Ranch II Homeowners Association, Inc. v. Rosales M. Escobedo

LC2013-000373-001 DT
Superior Court · January 23, 2014 · An HOA appealed from justice court after its assessment-collection case against a homeown…
Why it matters
For HOA boards and collection counsel, this is a hard lesson in litigation discipline. If a collection case goes sideways in justice court, the first question is not whether the lower court was wrong. The first question is whether the appeal was filed on time. If that deadline is missed, the merits usually do not matt…
assessmentsprocedureattorneys-fees
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Sunrise Meadows Estates Community Association v. Erlinda B. Isip

LC2012-000034-001 DT
Superior Court · June 21, 2013 · An HOA sought unpaid assessments from a woman it claimed inherited the property, and appe…
Why it matters
For Arizona HOAs, this ruling is a warning against aggressive default practice in succession cases. If the association is trying to collect from a surviving spouse, heir, devisee, or occupant after an owner’s death, it needs to confirm who actually holds title or obligation before filing and serving the case. For home…
assessmentsprocedure
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Richard Gayer v. Willo Neighborhood Association

Maricopa County Superior Court No. CV2008-029900
Superior Court · July 8, 2009 · A neighborhood-association member, appearing pro se, sued the association and its preside…
Why it matters
For homeowners and members of Arizona nonprofit community associations, the ruling illustrates that a member has standing to challenge a bylaw-amendment election for failure to meet statutory quorum and meeting-notice requirements, and that such a challenge can survive a motion to dismiss. For boards, it is a reminder…
bylaw-amendmentquorum-requirementnonprofit-corporationdeclaratory-judgmentboard-governance
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