Anthony T Horn v. Sun Lakes Homeowners Association #1, Inc.

Case Summary

Case ID 22F-H2221017-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-08-22
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Anthony T Horn Counsel
Respondent Sun Lakes Homeowners Association #1, Inc. Counsel Emily H. Mann, Esq.

Alleged Violations

A.R.S. § 33-1804(F)

Outcome Summary

The Administrative Law Judge dismissed the Petitioner's single-issue petition, finding that the Respondent HOA did not violate A.R.S. § 33-1804(F) regarding the July 6, 2021 board meeting, and alternatively, any potential violation was cured by the proper notice and vote taken at the November 9, 2021 board meeting.

Why this result: The ALJ concluded that the HOA properly notified members of the matter to be discussed at the July 6, 2021 meeting (tennis court upgrade/repair). Furthermore, any potential violation was cured by the explicit notice and second unanimous vote taken at the November 9, 2021 board meeting.

Key Issues & Findings

Open Meetings/Notice/Ability to Speak (July 6, 2021 Board Meeting)

Petitioner alleged the HOA violated ARS 33-1804(F) because the July 6, 2021 agenda item 'Tennis Courts Upgrade & Repair' did not adequately disclose the conversion of one tennis court into four pickleball courts. The ALJ found the initial notice was sufficient, and alternatively, any violation was cured by a subsequent November 9, 2021 meeting with explicit notice and a second vote.

Orders: The Administrative Law Judge concluded that the Respondent did not violate A.R.S. § 33-1804(F) with respect to the July 6, 2021 board meeting. Petitioner's petition was dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARS 33-1804(F)

Analytics Highlights

Topics: HOA Open Meeting Violation, Notice and Agenda Requirement, Cure Doctrine, Tennis Court Conversion, Pickleball
Additional Citations:

  • A.R.S. § 33-1804(F)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 33-1803

Video Overview

Audio Overview

Decision Documents

22F-H2221017-REL Decision – 948254.pdf

Uploaded 2025-12-09T10:07:23 (68.7 KB)

22F-H2221017-REL Decision – 964044.pdf

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22F-H2221017-REL Decision – 970320.pdf

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22F-H2221017-REL Decision – 974011.pdf

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22F-H2221017-REL Decision – 982006.pdf

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22F-H2221017-REL Decision – 982097.pdf

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22F-H2221017-REL Decision – 994010.pdf

Uploaded 2025-10-09T03:38:28 (108.6 KB)





Briefing Doc – 22F-H2221017-REL


Briefing Document: Horn v. Sun Lakes Homeowners Association #1, Inc.

Executive Summary

This document synthesizes the legal dispute, procedural history, and final judgment in the case of Anthony T. Horn (Petitioner) versus Sun Lakes Homeowners Association #1, Inc. (Respondent), adjudicated by the Arizona Office of Administrative Hearings. The core of the dispute centers on the petitioner’s allegation that the respondent violated Arizona Revised Statutes (A.R.S.) § 33-1804(F) by failing to provide adequate notice for its July 6, 2021, Board of Directors meeting.

The petitioner claimed that the agenda item “Tennis Courts Upgrade & Repair” was insufficient to inform members of the board’s plan to convert a tennis court into four pickleball courts, a decision that “blindsided” affected homeowners. In response, the HOA maintained a two-pronged defense: first, that the notice was legally sufficient, and second, that any potential procedural error was “unequivocally cured” by a subsequent board meeting on November 9, 2021, which featured an explicit agenda item detailing the conversion and at which the petitioner was present.

Following an initial dismissal and a subsequent rehearing, Administrative Law Judge Velva Moses-Thompson strictly limited the scope of the proceedings to the single alleged statutory violation. Ultimately, the judge dismissed the petition, issuing a definitive two-part ruling: 1) the notice for the July 6, 2021, meeting did comply with state law, and 2) even if it had not, the violation was cured by the actions taken for the November 9, 2021, meeting.

Case Overview

Parties Involved

Name / Entity

Petitioner

Anthony T. Horn

Respondent

Sun Lakes Homeowners Association #1, Inc.

Respondent Counsel

Emily H. Mann, Esq.

Presiding Judge

Administrative Law Judge Velva Moses-Thompson

Case Chronology

July 6, 2021: The HOA Board of Directors holds an open meeting and unanimously approves “Motion 3: Tennis Courts Upgrade & Repair,” which includes the conversion of one tennis court to four pickleball courts.

August 2021: Petitioner Anthony T. Horn files a dispute regarding the meeting.

October 13, 2021: The Arizona Department of Real Estate receives Horn’s formal petition alleging a violation of A.R.S. § 33-1804(F).

November 9, 2021: The HOA holds a second board meeting to vote again on the conversion. The agenda explicitly details the plan, and the board unanimously re-approves it. Horn attends this meeting.

February 15, 2022: The Administrative Law Judge (ALJ) grants the HOA’s motion for summary judgment and dismisses the petition due to a lack of response from the petitioner.

Post-February 15, 2022: Horn files a timely request for a rehearing.

May 26, 2022: A telephonic pre-hearing conference is held to clarify issues and the scope of the rehearing.

July 6, 2022: The ALJ issues an order limiting the rehearing to the single alleged violation concerning the July 6, 2021, meeting, while allowing the HOA’s “cure” defense related to the November 9 meeting.

August 1, 2022: The evidentiary rehearing is conducted.

August 22, 2022: The ALJ issues a final decision dismissing the petitioner’s petition.

Core Legal Dispute: A.R.S. § 33-1804(F)

The central legal question revolved around compliance with A.R.S. § 33-1804(F), which establishes the state’s policy on open meetings for planned communities. The statute requires that:

“…notices and agendas be provided for those meetings that contain the information that is reasonably necessary to inform the members of the matters to be discussed or decided and to ensure that members have the ability to speak after discussion of agenda items, but before a vote of the board of directors or members is taken.”

The statute further mandates that its provisions be construed “in favor of open meetings.”

Petitioner’s Position and Arguments (Anthony T. Horn)

Primary Allegation: Insufficient Notice

The petitioner’s case was predicated on the argument that the agenda for the July 6, 2021, meeting was misleading. The motion was described as: Motion 3: Tennis Courts Upgrade & Repair – Fiscal Impact $76,439 from the Reserve Fund. Horn contended that this language failed to inform homeowners of the board’s intent to make a “major change” by converting a tennis court to pickleball courts.

Key Quote: During the rehearing, Horn described his reaction at the July 6 meeting: “We were shocked. Just a complete uh something coming from the left field. We had no idea that anything like this was planned.”

Argument Against the “Cure” Defense

Horn argued that the November 9, 2021, meeting should not be considered a valid cure because it only occurred as a direct result of his formal dispute. He framed this as an unfair “catch 22.”

Key Quote: In his closing argument, Horn stated: “The only reason that November 9th meeting and that motion ever showed up there was because of my dispute. So, it’s kind of a catch 22. Uh you in other words, I file a dispute and then they just change the language and then my dispute is nullified and I just lose my $500 and go away. That ain’t fair.”

Ancillary Issues Ruled Out of Scope

Throughout the proceedings, Horn attempted to introduce several related grievances, which the ALJ consistently ruled were outside the narrow scope of his single-issue petition. These included:

• Allegations of discrimination, claiming pickleball members were included in vendor discussions while tennis club members were excluded.

• Concerns about the HOA’s method of communication, arguing that “eblasts” are inappropriate for a senior community and that mail or hand delivery should be used.

• Disagreement with the soundness of the board’s decision itself.

Respondent’s Position and Defense (Sun Lakes HOA)

Defense of the July 6 Meeting

The HOA, through its counsel Emily Mann and witness Kelly Haynes, argued that the notice for the July 6 meeting was fully compliant with the statute. The term “upgrade and repair” was deemed sufficient to encompass the conversion. They presented the petitioner’s own attendance at the meeting as prime evidence that the notice was effective in informing members that tennis courts would be a topic of discussion.

Affirmative Defense of “Cure”

The HOA’s primary defense was that, even assuming a procedural flaw in the first meeting’s notice, the error was “unequivocally cured” by the November 9, 2021, meeting. The notice for that meeting was explicit: Motion #3 – Clarification of Motion 3 of the July 6, 2021 Board Meeting – Conversion of Court 1 to four Permanent Pickleball Courts. The petitioner attended, members were given the opportunity to speak, and the board voted again, removing any ambiguity.

Characterization of Petitioner’s Motive

Respondent’s counsel portrayed the petition as being driven by dissatisfaction with the board’s decision rather than a genuine concern for procedural integrity. It was noted that the association had spent thousands of dollars defending the petition and had twice offered to pay Horn $500—the maximum penalty available—to resolve the matter, both of which he rejected.

Key Quote: In her opening statement, counsel stated: “This hearing today is about Mr. Horn seeking revenge against the association for the tennis court conversion. He couldn’t stop the conversion from taking place. So punishing the association by filing a meritless petition was the next best thing.”

Final Decision and Rationale

In the final decision dated August 22, 2022, ALJ Velva Moses-Thompson dismissed the petition. The ruling was based on a two-part conclusion that fully supported the respondent’s position.

1. The July 6 Notice Was Sufficient: The ALJ concluded that the “preponderance of the evidence” showed the notice provided the “information that was reasonably necessary.” The decision explicitly states: “Sun Lakes was not required to specify the method of upgrade: a conversion to pickleball courts.”

2. The Violation, If Any, Was Cured: The decision further established that, even if the first notice had been deficient, the HOA rectified the situation. “Even if Sun Lakes had violated A.R.S. § 33-1804(F) with respect to the July 6, 2021, Sun Lakes cured the violation when it provided timely notice that the tennis court conversion would be discussed and voted on at the November 9, 2021 board meeting.”

Based on these findings, the order was issued: “IT IS ORDERED that Petitioner Anthony T. Horn’s petition against Sun Lakes Homeowners Association #1, Inc., is dismissed.”






Study Guide – 22F-H2221017-REL


Study Guide: Horn v. Sun Lakes Homeowners Association #1, Inc.

This guide provides a detailed review of the administrative case between Petitioner Anthony T. Horn and Respondent Sun Lakes Homeowners Association #1, Inc. It includes a quiz to test comprehension, essay questions for deeper analysis, and a glossary of key terms found within the case documents.

Short-Answer Quiz

Answer the following questions in 2-3 sentences each, based solely on the provided source documents.

1. What was the specific statute and section that Petitioner Anthony T. Horn alleged the Sun Lakes HOA violated?

2. Describe the central disagreement over the agenda for the July 6, 2021, board meeting.

3. What was the Respondent’s primary legal defense, arguing that even if a violation occurred, it was later corrected?

4. Why was Mr. Horn’s initial petition dismissed in February 2022, leading to a request for a rehearing?

5. What ruling did the Administrative Law Judge make during the pre-hearing conference regarding Mr. Horn’s desire to introduce evidence of discrimination?

6. According to testimony, what methods did the Sun Lakes HOA use to provide notice of its board meetings to the membership?

7. What key difference existed between the agenda for the July 6, 2021 meeting and the agenda for the November 9, 2021 meeting?

8. During the August 1, 2022 rehearing, what was the fate of subpoenas that had been issued for the original, vacated hearing?

9. What was the Administrative Law Judge’s final conclusion in the August 22, 2022 decision regarding the alleged violation?

10. What did the Respondent’s counsel, Emily Mann, suggest was Mr. Horn’s true motivation for pursuing the petition?

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Answer Key

1. The petitioner, Anthony T. Horn, alleged that the Sun Lakes Homeowners Association #1, Inc. had violated Arizona Revised Statutes (A.R.S.) § 33-1804(F). This statute pertains to the policy of open meetings and the requirement that notices and agendas contain information reasonably necessary to inform members of matters to be discussed.

2. The central disagreement was whether the agenda item “Motion 3: Tennis Courts Upgrade & Repair” provided sufficient notice that the board would be discussing and voting on the conversion of a tennis court into four pickleball courts. Mr. Horn argued this description was misleading and withheld critical information, while the HOA contended it was adequate.

3. The Respondent’s primary defense was that any potential procedural error or lack of clarity in the July 6, 2021 meeting notice was “unequivocally cured.” They argued this cure was accomplished through a subsequent board meeting on November 9, 2021, which had a more explicit agenda item about the court conversion.

4. The initial petition was dismissed because the Petitioner, Anthony T. Horn, did not file a response to the Respondent’s Motion for Summary Judgment, Motion to Dismiss, and Motion for Summary Disposition. The Administrative Law Judge granted these motions, leading Mr. Horn to file for a rehearing.

5. The judge ruled that the issue of alleged discrimination was a separate legal matter from the alleged violation of A.R.S. § 33-1804(F). To include the discrimination claim, Mr. Horn would have to file a separate petition and pay an additional $500 filing fee.

6. General Manager Kelly Haynes testified that the HOA provided notice via e-blasts to members who signed up for them, posting on monitors in the clubhouse, inclusion in the monthly newsletter (“The Laker”), and posting on the association’s website.

7. The agenda for the July 6 meeting listed “Tennis Courts Upgrade & Repair.” In contrast, the agenda for the November 9 meeting provided a much more specific item: “Clarification of Motion 3 of the July 6, 2021 Board Meeting – Conversion of Court 1 to four Permanent Pickleball Courts.”

8. The Administrative Law Judge informed Mr. Horn that the subpoenas issued for the original hearing would not apply to the new rehearing. To compel witness testimony, Mr. Horn was required to request and serve new subpoenas, which would be a significant additional expense.

9. The ALJ concluded that the Sun Lakes HOA did not violate A.R.S. § 33-1804(F) with respect to the July 6, 2021 board meeting. The decision further stated that even if a violation had occurred, it was cured by the proper notice and subsequent vote at the November 9, 2021 board meeting.

10. The Respondent’s counsel stated that Mr. Horn’s petition was not about seeking justice or ensuring compliance with statutes, but was an act of “revenge against the association for the tennis court conversion.” She argued that since he could not stop the conversion, he filed a “meritless petition” to punish the association.

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Essay Questions

The following questions are designed for longer-form analysis. Formulate your answers based on a comprehensive review of the case details and legal arguments presented in the source documents.

1. Analyze the legal arguments presented by both the Petitioner and the Respondent regarding the interpretation of A.R.S. § 33-1804(F). Discuss how each party applied the statute’s requirement for “information that is reasonably necessary to inform the members” to the facts of the case.

2. Trace the procedural history of the case from the initial petition filing in 2021 to the final decision in August 2022. Identify at least three key procedural moments or rulings and explain their significance to the case’s progression and ultimate outcome.

3. Discuss the legal concept of a “cure” as it applied in this administrative hearing. Evaluate the strength of the Respondent’s argument that the November 9, 2021 meeting cured any potential defects from the July 6, 2021 meeting, and explain how the Petitioner attempted to rebut this defense.

4. The scope of the hearing was a contentious issue. Explain how the Administrative Law Judge limited the scope of the case and excluded certain topics, such as alleged discrimination and the soundness of the board’s business decision. Why are such limitations important in legal proceedings?

5. Based on the testimony and arguments presented in the August 1, 2022 rehearing, compare and contrast the remedies sought by the Petitioner with the relief available in the administrative hearing venue. What does this reveal about the limitations of this specific legal process for a homeowner’s grievances?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings, makes findings of fact and conclusions of law, and issues decisions in disputes involving government agencies. In this case, Judge Velva Moses-Thompson from the Office of Administrative Hearings (OAH).

A.R.S. (Arizona Revised Statutes)

The collection of laws passed by the Arizona state legislature. The specific statute at issue was A.R.S. § 33-1804, which governs open meetings for planned communities.

A legal concept where a party corrects a prior procedural error or violation. In this case, the Respondent argued that any deficiency in the July 6 meeting notice was corrected, or “cured,” by holding the November 9 meeting with a more explicit agenda.

Motion to Dismiss

A formal request made by a party to a court or tribunal to dismiss a case. The Respondent filed this motion, which was initially granted.

Motion for Summary Judgment

A request made by a party for a decision on the merits of a case before a full hearing, arguing that there are no genuine disputes as to material facts and that the party is entitled to judgment as a matter of law.

Motion for Summary Disposition

A request, similar to a motion for summary judgment, asking the tribunal to rule in a party’s favor without a full hearing.

Petitioner

The party who initiates a legal action or files a petition. In this matter, Anthony T. Horn was the Petitioner.

Preponderance of the Evidence

The standard of proof in most civil and administrative cases. It requires the party with the burden of proof to convince the trier of fact that their contention is more probably true than not.

Rehearing

A second hearing of a case, granted after an initial decision has been made. Mr. Horn was granted a rehearing after his petition was initially dismissed.

Respondent

The party against whom a petition is filed. In this matter, Sun Lakes Homeowners Association #1, Inc. was the Respondent.

Sua Sponte Order

An order made by a judge on their own initiative, without a request from either party. The order to continue the rehearing to August 1, 2022, was a sua sponte order due to the judge’s jury duty.

Subpoena

A legal order compelling a person to attend a hearing to give testimony. The Petitioner had to request new subpoenas for the rehearing as the original ones were no longer valid.






Blog Post – 22F-H2221017-REL


Your HOA Did What? 4 Shocking Lessons from One Homeowner’s Fight Over a Tennis Court

Introduction: The Notice on the Bulletin Board

Anyone who lives in a planned community is familiar with the official notices from their Homeowners Association (HOA). Often tacked onto a bulletin board or sent in a mass email, these communications can be models of bureaucratic brevity, full of formal language that is both vague and oddly specific. It’s easy to glance at an agenda item and assume you know what it means. But what happens when you’re wrong?

This was the situation faced by Anthony T. Horn, a homeowner in Sun Lakes, Arizona. In 2021, he filed a formal dispute against his HOA over a meeting notice he believed was deceptive, kicking off a year-long legal battle. His story provides a rare look “under the hood” of HOA procedures and power dynamics. Here are four surprising and impactful takeaways from his fight that every homeowner should understand.

1. A Notice for “Repairs” Can Mean a Total Transformation

The dispute began simply enough. The HOA posted a notice for a July 6, 2021 board meeting with a specific agenda item: “Motion 3: Tennis Courts Upgrade & Repair – Fiscal Impact $76,439 from the Reserve Fund.”

Mr. Horn, an active tennis player, attended the meeting expecting a discussion about much-needed repairs to the community’s dangerous and unplayable courts. Instead, he testified that he was “shocked” when the board announced that the “upgrade” included permanently converting one tennis court into four pickleball courts.

His core legal argument was that this notice failed to provide information “reasonably necessary to inform the members” of the true matter being decided, a requirement under Arizona statute A.R.S. § 33-1804(F). The final ruling from the Administrative Law Judge, however, was counter-intuitive.

Sun Lakes was not required to specify the method of upgrade: a conversion to pickleball courts.

This decision reveals a critical gap between a homeowner’s plain-language understanding and the law’s procedural interpretation. The ruling effectively places the burden on homeowners to be deeply skeptical of vague agenda items and to anticipate the broadest possible definition of terms like “upgrade.” As this case demonstrates, the law may not protect a resident’s more intuitive and narrow reading of a notice.

2. An HOA Can Get a “Mulligan” on Procedural Errors

After Mr. Horn filed his petition with the Arizona Department of Real Estate, the HOA board pursued a powerful defense strategy: a do-over. The board scheduled a second meeting for November 9, 2021.

The notice for this second meeting was far more specific. Its purpose was explicitly stated as a “Clarification of Motion 3 of the July 6, 2021 Board Meeting – Conversion of Court 1 to four Permanent Pickleball Courts.” At this meeting, the board held the vote again, and it passed again.

Legally, this is known as “curing” a potential violation. The HOA argued that even if their first notice was flawed (which they did not concede), this second, properly-noticed meeting made the original issue moot. The judge agreed.

Even if Sun Lakes had violated A.R.S. § 33-1804(F) with respect to the July 6, 2021, Sun Lakes cured the violation when it provided timely notice that the tennis court conversion would be discussed and voted on at the November 9, 2021 board meeting.

This reveals that “curing” is not just a simple correction; it is a powerful strategic tool for an HOA board. It creates a nearly risk-free path to test the limits of procedural compliance. A board can issue a vague notice, and only if a homeowner is willing to invest the time and money to file a formal complaint does the board need to “cure” the potential error with a more specific follow-up. This dynamic shifts the entire risk and cost of ensuring compliance onto the individual homeowner.

3. Fighting on Multiple Fronts Can Be Cost-Prohibitive

During the legal process, Mr. Horn wanted to introduce other arguments. He alleged discrimination against tennis players and claimed the board had ignored other viable locations for new pickleball courts.

The judge, however, repeatedly shut down these lines of argument. The hearing was strictly limited to the single issue identified in the original petition: the alleged violation of the open meeting notice statute. The reason for this limitation was procedural and financial. In the Arizona Department of Real Estate’s dispute system, each separate allegation requires its own petition and, crucially, a separate $500 filing fee.

This creates a significant financial barrier for the homeowner, as Mr. Horn explained during the hearing.

And I probably have five, six or seven of them inaccuracies and misstatements and what so would be $500 each.

This rule exposes a stark asymmetry of resources. The individual homeowner must pay out-of-pocket for each separate alleged violation, forcing them to pick only their single strongest—or most affordable—argument. The HOA, by contrast, defends itself using a legal fund paid for by the entire community, including the very homeowner who is filing the dispute.

4. You Can Win the Argument, Lose the Case, and Still Pay for It

The ultimate outcome presented a paradox, which Mr. Horn articulated in his closing argument. He laid out a sequence of events that created a frustrating “Catch-22” for the homeowner:

1. He identified what he believed was a clear procedural violation at the July 6th meeting.

2. He paid a $500 filing fee to formally dispute it.

3. His dispute directly caused the HOA to hold the second, more specific, and legally “cured” meeting on November 9th.

4. The HOA then used that very “cured” meeting as the legal basis to have his petition dismissed.

He saw it as a no-win situation where his own action to seek accountability provided the HOA with the tool to defeat his claim.

The only reason that November 9th meeting and that motion ever showed up there was because of my dispute. So, it’s kind of a catch 22. …I file a dispute and then they just change the language and then my dispute is nullified and I just lose my $500 and go away. That ain’t fair.

This outcome reveals the ultimate procedural paradox. It is a system where a homeowner’s successful action—forcing the HOA to correct its error—becomes the very instrument of their legal defeat. The legal system, in this context, prioritized the correction of a procedural flaw over the merits of the original grievance or the fairness of the outcome for the individual who forced the correction.

Conclusion: Knowledge is Power

The story of one homeowner’s fight over a tennis court reveals that the nuances of HOA law are complex and can often favor the established procedures of the board. From the broad interpretation of “reasonable notice” to the board’s ability to “cure” its own mistakes, the system contains mechanisms that can be challenging for an individual resident to overcome.

This case is not about taking sides on the issue of tennis versus pickleball. It is a valuable case study in the realities of community governance. It underscores the importance for homeowners to understand not just the rules, but the procedures that enforce them. This leads to a final, critical question for every member of an HOA to consider:

Given the systems in place, how can an individual homeowner ensure their voice is truly heard when the stakes feel this high?


Case Participants

Petitioner Side

  • Anthony T. Horn (petitioner)
    Homeowner and member of Sun Lakes HOA
  • Ralph Howlen (witness / homeowner)
    Spelled Howland in some transcript passages.
  • Felicia Kuba (potential witness / homeowner)
    Potential witness regarding court injury/conditions.
  • Ed Campy (former tennis club president)
    Notified Horn of the November meeting.
  • Robert Miller (homeowner)
    Former tennis club member who asked a question at the July 6 meeting.

Respondent Side

  • Emily H. Mann (HOA attorney)
    Phillips, Maceyko and Battock, PLLC
  • Chris Johnston (HOA representative / Account Manager)
    USI Insurance Services LLC
    Senior Account Manager; listed as point of contact for Respondent
  • Kelly Haynes (general manager / witness)
    Sun Lakes Homeowners Association #1, Inc.
  • Janice Cornoyer (HOA president / witness)
    Sun Lakes Homeowners Association #1, Inc.
  • Jimmy Burns (facilities maintenance manager / witness)
    Sun Lakes Homeowners Association #1, Inc.
  • Emily Jones (HOA employee)
    Sun Lakes Homeowners Association #1, Inc.
    Employee who works with computers in the HOA office.
  • Steve Howell (board member)
    Sun Lakes Homeowners Association #1, Inc.
    Read in the motion at the July 6 meeting.

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    OAH
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
  • Miranda Alvarez (Legal Secretary)
    OAH/ADRE
    Transmitted documents.
  • c. serrano (Transmitting Agent)
    OAH/ADRE
    Transmitted documents.
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Listed as email recipient/attn.
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Listed as email recipient/attn.
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Listed as email recipient/attn.
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Listed as email recipient/attn.
  • labril (ADRE staff)
    Arizona Department of Real Estate
    Listed as email recipient/attn.

Other Participants

  • Dennis Anderson (observer)
    Joined hearing via Google Meet.
  • Mark Gotman (observer)
    Joined hearing via Google Meet.

Sandra Swanson & Robert Barnes v. Circle G Ranches 4 Homeowners

Note: A Rehearing was requested for this case. The dashboard statistics reflect the final outcome of the rehearing process.

Case Summary

Case ID 21F-H2120020-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-02-02
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Sandra Swanson & Robert Barnes Counsel Kristin Roebuck Bethell, Esq.
Respondent Circle G Ranches 4 Homeowners Association Counsel Samantha Cote, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

The Administrative Law Judge denied the Petitioners' petition, concluding they failed to prove by a preponderance of the evidence that the Homeowners Association violated ARIZ. REV. STAT. § 33-1805 regarding the availability of voting records.

Why this result: Petitioners failed to demonstrate that the HOA violated the statute through its NDA request or its method of providing the records (redacted ballots and separate unredacted envelopes) and failed to prove the records were not made reasonably available within the required statutory time frame.

Key Issues & Findings

Failure to comply with voting records request (regarding assessment and cumulative voting records)

Petitioners alleged the Association violated ARIZ. REV. STAT. § 33-1805 by requiring an NDA and providing redacted ballots and separate unredacted envelopes, which prevented Petitioners from cross-referencing votes with voters. Respondent argued it timely provided the totality of the requested information and that the manner of delivery did not violate the statute.

Orders: Petitioners' petition is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 41-1092.08(H)
  • ARIZ. REV. STAT. § 12-904(A)
  • ARIZ. ADMIN. CODE R2-19-119

Analytics Highlights

Topics: Records Request, HOA Governance, Statute Violation, Voting Records, Non-Disclosure Agreement (NDA)
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805

Video Overview

Audio Overview

Decision Documents

21F-H2120020-REL-RHG Decision – 944169.pdf

Uploaded 2026-01-23T17:35:46 (184.1 KB)

21F-H2120020-REL-RHG Decision – 944171.pdf

Uploaded 2026-01-23T17:35:50 (184.1 KB)

21F-H2120020-REL-RHG Decision – ../21F-H2120020-REL/881665.pdf

Uploaded 2026-01-23T17:35:53 (167.3 KB)





Briefing Doc – 21F-H2120020-REL-RHG


Briefing Document: Swanson & Barnes v. Circle G Ranches 4 HOA

Executive Summary

This document synthesizes the legal dispute between homeowners Sandra Swanson and Robert Barnes (“Petitioners”) and the Circle G Ranches 4 Homeowners Association (“Respondent” or “HOA”). The core of the case, adjudicated by the Arizona Office of Administrative Hearings (OAH), was the Petitioners’ allegation that the HOA violated Arizona Revised Statute (ARIZ. REV. STAT.) § 33-1805 by failing to properly fulfill a request to inspect voting records.

The conflict centered on the HOA’s response to the request. Citing concerns for member privacy and safety, the HOA initially required the Petitioners to sign a non-disclosure agreement (NDA), which they refused. Subsequently, the HOA provided the requested records for inspection by separating them into two stacks: redacted ballots and unredacted envelopes. The Petitioners argued this method was an unlawful barrier that made it impossible to cross-reference voters with their votes, thus failing to make the records “reasonably available” as required by statute. The HOA contended its actions were a necessary and reasonable balance of its legal duties to provide access and protect its members.

Ultimately, Administrative Law Judge Jenna Clark denied the petition. The Judge ruled that the Petitioners failed to sustain their burden of proof. The initial decision found that the NDA request was not a statutory violation, and the method of providing the documents, while “not ideal,” was reasonable under the circumstances. This decision was upheld in a final order following a rehearing, solidifying the finding that no violation of ARIZ. REV. STAT. § 33-1805 had occurred.

I. Case Overview

Case Name: Sandra Swanson & Robert Barnes vs. Circle G Ranches 4 Homeowners Association

Case Number: 21F-H2120020-REL (Initial); 21F-H2120020-REL-RHG (Rehearing)

Adjudicating Body: Arizona Office of Administrative Hearings (OAH)

Presiding Judge: Administrative Law Judge Jenna Clark

Core Legal Issue: Whether the HOA violated ARIZ. REV. STAT. § 33-1805, which mandates that association records be made “reasonably available for examination” by a member, in its handling of the Petitioners’ request for voting records.

Parties Involved

Name(s)

Representation

Petitioners

Sandra Swanson & Robert Barnes

Kristin Roebuck, Esq. (later Kristin Roebuck Bethell, Esq.) of Horne Siaton, PLLC

Respondent

Circle G Ranches 4 Homeowners Association

Jeremy Johnson, Esq. & Sam Cote, Esq. (later Samantha Cote, Esq.) of Jones, Skelton & Hochuli, PLC

II. Factual Background and Chronology of Events

The dispute arose from requests to inspect records related to two separate votes conducted by the HOA.

Oct 4, 2017

The HOA Board adopts the “Rule Requiring Secret Ballots” for votes on special assessments.

Oct 28, 2019

Approximate date of a vote regarding an increase in HOA dues.

Dec 2019

A vote occurs on a proposed Declaration amendment to prohibit cumulative voting.

Jan 2, 2020

Petitioners make a verbal request to the HOA’s management company, Vision, to “view the votes” on the cumulative voting amendment.

Jan 6, 2020

Petitioners formalize their verbal request in a letter to Vision’s attorney, Clint Goodman.

Jan 13, 2020

The HOA Board votes 8:1 to require Petitioners to sign an NDA before viewing the ballots, citing member privacy and prior complaints of “harassing” behavior by Petitioners. Petitioners decline to sign.

Jan 16, 2020

Petitioners’ counsel sends a formal written request for all ballots and related documents for both the dues increase and the cumulative voting amendment.

Jan 30, 2020

The HOA’s counsel responds, stating the HOA must “balance your clients’ requests against the privacy and safety of all Owners” and confirming the records will be made available for inspection.

Feb 7, 2020

Petitioners inspect records at the attorney’s office for 3.5 hours. They are provided with two separate stacks: redacted ballots and unredacted envelopes, which they are unable to match. They review only the cumulative voting records (approx. 122 pages).

Aug 5, 2020

Petitioners’ attorney sends a new demand for “unredacted ballots” and all related documents for an in-person inspection. No additional documents are provided.

Sep 22, 2020

Petitioners file a petition with the Arizona Department of Real Estate alleging a violation of statute.

III. The Central Dispute: Access to Voting Records

The conflict revolved around the interpretation of the “reasonably available” standard in ARIZ. REV. STAT. § 33-1805.

The HOA’s Response and Justification

Faced with the records request, the HOA’s Board expressed concern for member privacy. This was based on a general fear of retaliation against members based on their votes and specific complaints from homeowners labeling past behaviors by the Petitioners as “harassing.” The HOA’s attorney, Clint Goodman, articulated this position in a January 30, 2020, letter:

“The Association’s position is that it has to balance your clients’ requests against the privacy and safety of all Owners within the Association. The Board is concerned with the personal information contained on the written consent forms or other documents and fears that individual members will be retaliated against or harassed based on a member’s decision to support, or not support, the matters up for a decision.”

To manage these competing interests, the HOA took two primary actions:

1. NDA Requirement: An 8:1 Board vote mandated an NDA, which the Petitioners refused to sign.

2. Document Separation: During the February 7, 2020, inspection, the HOA provided two sets of documents: ballots with member information redacted and the corresponding unredacted envelopes. This method physically separated a voter’s identity from their specific vote, preventing direct correlation.

The HOA maintained that this process provided the totality of the requested information while protecting members.

IV. Legal Proceedings and Arguments

The dispute proceeded to an evidentiary hearing and a subsequent rehearing at the Office of Administrative Hearings.

A. Petitioners’ Position

The Petitioners argued that the HOA committed three distinct violations of ARIZ. REV. STAT. § 33-1805 by:

1. Requiring an NDA: This was an unlawful prerequisite not supported by any statutory exception.

2. Providing Redacted Records: The statute requires access to original records, not redacted versions.

3. Failing to Provide Unredacted Copies: The records were never made “reasonably available” because the format prevented a meaningful review.

During the rehearing, the Petitioners’ counsel argued that the document separation method “erected an unlawful barrier” and that they “were unable to cross reference (i.e. match) the votes with the purported voters.” They also contended that because some ballots contained names or signatures, there was no reasonable expectation of privacy, rendering the ballots not truly “secret.”

B. Respondent’s (HOA) Position

The HOA’s defense rested on the argument that it had fulfilled its statutory obligations. Key points included:

“Reasonably Available”: The HOA met its obligation by providing all requested records for a 3.5-hour inspection.

No Prescribed Method: The statute dictates what must be provided but not how. The HOA devised a method to comply with the law while also fulfilling its duty to protect member safety and privacy.

Totality of Information: All information was provided, even if in two separate stacks. The HOA argued it was possible for the Petitioners to “cross reference and discern the information they sought.”

Irrelevance of NDA: The NDA was a moot point because the inspection proceeded even after the Petitioners declined to sign it.

V. Administrative Law Judge’s Decisions and Rationale

The Administrative Law Judge (ALJ) denied the Petitioners’ petition in both the initial decision and the final order after rehearing, concluding that they failed to meet their burden of proof.

A. Initial Decision (May 17, 2021)

The ALJ’s initial findings were:

• The HOA’s request that Petitioners sign an NDA did not constitute a statutory violation.

• The Petitioners failed to prove the HOA did not make the documents available within the 10-day statutory timeframe. It was unclear if the records were available for inspection prior to the February 7, 2020, date chosen by the Petitioners.

• The statutory provision for purchasing copies was inapplicable, as Petitioners only requested to examine the records and never requested to pay for copies.

• The Petitioners did not provide binding authority compelling an HOA to make unredacted voting records available where privacy is a concern.

B. Rehearing and Final Order (February 2, 2022)

The Petitioners were granted a rehearing on the grounds that the initial decision was “arbitrary, capricious, or an abuse of discretion.” No new evidence was introduced; the parties presented oral arguments reiterating their positions. The ALJ’s final order affirmed the original decision, elaborating on the core issue:

Reasonableness of Methodology: The ALJ concluded that the HOA’s method of document delivery did not violate the statute. The record reflected that the “Petitioners timely received the totality of the documents from their records request(s).”

Final Conclusion: The order stated that while the HOA’s method “may have not been ideal, under the totality of underlying circumstances the decision [was] reasonable and within the requirements of the applicable statute(s).”

The final order denied the petition, making the decision binding unless appealed to the Superior Court.

VI. Key Statutory Language

The entire case hinged on the interpretation of a single statute.

ARIZ. REV. STAT. § 33-1805(A):

“Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member’s representative. The association shall not charge a member or any person designated by the member in writing for making material available for review. The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member… the association shall have ten business days to provide copies of the requested records. An association may charge a fee for making copies of not more than fifteen cents per page.” (Emphasis added)






Study Guide – 21F-H2120020-REL-RHG


Study Guide: Swanson & Barnes v. Circle G Ranches 4 HOA

This guide provides a detailed review of the administrative legal case involving homeowners Sandra Swanson & Robert Barnes and the Circle G Ranches 4 Homeowners Association, focusing on the dispute over access to voting records under Arizona law.

Short-Answer Quiz

Instructions: Answer the following questions in 2-3 complete sentences, based on the information provided in the case documents.

1. Who were the primary parties (the Petitioners and the Respondent) in case number 21F-H2120020-REL?

2. What specific Arizona statute was the central subject of the legal dispute?

3. What two distinct sets of voting records did the Petitioners request in their formal letter dated January 16, 2020?

4. What condition did the Respondent’s Board of Directors initially try to impose on the Petitioners before they would be permitted to view the voting records?

5. Describe the format in which the Respondent provided the cumulative voting records to the Petitioners on February 7, 2020.

6. What was the Respondent’s primary justification for its actions, including the initial request for an NDA and the eventual provision of redacted documents?

7. What is the “preponderance of the evidence” standard, and which party was assigned this burden of proof?

8. According to the Administrative Law Judge, why was the statutory 10-day provision for providing copies of records deemed inapplicable in this case?

9. What was the ultimate outcome of the initial Administrative Law Judge Decision on May 17, 2021, and the Final Order after the rehearing on February 2, 2022?

10. On what grounds did the Petitioners file their request for a rehearing on June 22, 2021?

——————————————————————————–

Answer Key

1. The Petitioners were Sandra Swanson and Robert Barnes, who were property owners and members of the homeowners’ association. The Respondent was the Circle G Ranches 4 Homeowners Association (“the Association”).

2. The central subject of the dispute was Arizona Revised Statute (ARIZ. REV. STAT.) § 33-1805. This statute governs the access of association members to the financial and other records of a homeowners’ association.

3. In their letter, the Petitioners requested all ballots and related documents from the vote on an increase in dues that occurred around October 28, 2019. They also requested the written consent forms and ballots for a proposed Declaration Amendment regarding cumulative voting from December 2019.

4. The Respondent’s Board of Directors voted 8-to-1 to require the Petitioners to sign a nondisclosure agreement (NDA) before they could view the ballots. The Petitioners declined to sign the NDA.

5. On February 7, 2020, the Respondent provided the records as two separate stacks of documents. One stack contained redacted ballots, and the other contained unredacted envelopes, making it impossible for the Petitioners to discern which ballot belonged to which envelope.

6. The Respondent’s stated justification was the need to balance the Petitioners’ request against the privacy and safety of all owners. The Board expressed concern that personal information on the documents could lead to individual members being harassed or retaliated against based on their vote.

7. “Preponderance of the evidence” is the burden of proof required in this case, defined as proof that convinces the trier of fact that a contention is more probably true than not. The Petitioners bore this burden to prove the Respondent had violated the statute.

8. The judge found the 10-day copy provision inapplicable because the Petitioners had requested to examine the records, not to purchase copies of them. The statute has separate provisions for examination (which is free) and purchasing copies (for which a fee can be charged).

9. In both the initial decision and the Final Order after the rehearing, the Administrative Law Judge denied the Petitioners’ petition. The judge concluded that the Petitioners failed to sustain their burden of proof that the Respondent had committed a violation of ARIZ. REV. STAT. § 33-1805.

10. The Petitioners filed their DISPUTE REHEARING REQUEST on the grounds that the initial decision’s “findings of fact or decision is arbitrary, capricious, or an abuse of discretion.”

——————————————————————————–

Essay Questions

Instructions: The following questions are designed to test a comprehensive understanding of the case. Formulate detailed essay responses that synthesize facts, legal arguments, and procedural history from the provided documents.

1. Analyze the core conflict between a homeowner’s right to access association records under ARIZ. REV. STAT. § 33-1805 and the association’s duty to protect member privacy. How did the Respondent attempt to balance these competing interests, and why did the Administrative Law Judge ultimately find their method acceptable under the law?

2. Discuss the Petitioners’ multi-faceted argument that the Respondent violated the statute. Detail their specific claims regarding the NDA, the redaction of records, and the failure to provide unredacted copies, and explain the judge’s legal reasoning for rejecting each one.

3. Trace the complete procedural history of this case, from the initial records request in January 2020 to the Final Order in February 2022. Include key dates, specific requests, filings, hearings, and the progression from the initial decision to the rehearing and final judgment.

4. The concept of making records “reasonably available” is central to this case. Based on the arguments from both parties and the judge’s decision, construct a detailed definition of what “reasonably available” means in the context of this dispute, addressing both the timeliness and the format of the records provided.

5. Examine the legal standards and principles of statutory construction cited by the Administrative Law Judge. How were concepts like “preponderance of the evidence” and giving statutory words their “natural, obvious, and ordinary meaning” applied to the facts of this case to reach the final decision?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings, reviews evidence, and makes legal findings and decisions. In this case, the ALJ was Jenna Clark.

ARIZ. REV. STAT. § 33-1805

The Arizona statute at the heart of the case, which mandates that all financial and other records of a homeowners’ association be made “reasonably available” for examination by any member.

Board of Directors (the Board)

The governing body that oversees the Homeowners Association. The Board voted to require an NDA and was concerned about member privacy.

Burden of Proof

The obligation on a party in a dispute to provide sufficient evidence to support their claim. In this case, the Petitioners had the burden of proof.

Covenants, Conditions, and Restrictions (CC&Rs)

The governing legal documents that set up the guidelines for a planned community or subdivision. The Circle G Ranches 4 HOA is governed by its CC&Rs.

Department

The Arizona Department of Real Estate, the state agency authorized to receive and decide petitions for hearings regarding disputes within homeowners’ associations.

Nondisclosure Agreement (NDA)

A legal contract creating a confidential relationship. The Respondent’s Board requested the Petitioners sign an NDA before viewing voting records, which they declined.

Office of Administrative Hearings (OAH)

An independent Arizona state agency that conducts evidentiary hearings for other state agencies. The Department referred this case to the OAH.

Petitioners

The party who initiates a lawsuit or petition. In this case, Sandra Swanson and Robert Barnes, homeowners in the Circle G Ranches 4 subdivision.

Preponderance of the Evidence

The standard of proof in most civil cases, meaning that the evidence presented is more likely to be true than not. This was the evidentiary burden placed on the Petitioners.

Redacted

Edited to remove or black out confidential information. The Respondent provided redacted ballots to the Petitioners.

Respondent

The party against whom a petition is filed. In this case, the Circle G Ranches 4 Homeowners Association.

Secret Ballot

A voting method in which a voter’s choices are anonymous. The HOA had a “Rule Requiring Secret Ballots” for special assessments, which became relevant to the privacy arguments.

Tribunal

A general term for a body established to settle a dispute. In these documents, it refers to the Office of Administrative Hearings and the presiding Administrative Law Judge.

Vision Community Management, LLC (Vision)

The management company for the Circle G Ranches 4 Homeowners Association. The initial records requests were submitted to Vision.






Blog Post – 21F-H2120020-REL-RHG


5 Surprising Lessons from a Homeowner’s Fight to See HOA Records

For many homeowners, transparency from their Homeowners Association (HOA) is the bedrock of fair governance. But what happens when one member’s right to scrutinize the board collides with the board’s duty to protect the entire community from potential harm? The Arizona legal case of Swanson & Barnes vs. Circle G Ranches 4 Homeowners Association offers a fascinating and cautionary answer. A seemingly straightforward request to inspect voting records escalated into a legal battle that reveals surprising truths about the balance between a homeowner’s right to know and an association’s responsibility to keep its members safe. This article breaks down the key lessons from this dispute, offering sharp, practical insights for any homeowner seeking clarity from their board.

The Letter of the Law: “Reasonably Available” Doesn’t Mean Convenient

The central conflict hinged on the interpretation of Arizona law (ARIZ. REV. STAT. § 33-1805), which mandates that an HOA’s records be made “reasonably available” for examination. When homeowners Sandra Swanson and Robert Barnes requested to see ballots for a dues increase and a voting amendment, their HOA complied—but not in the way they expected.

They were presented with two separate stacks of documents: one of anonymous, redacted ballots and another of unredacted envelopes bearing member names and addresses. This separation made it impossible to match a specific vote to a specific homeowner without significant effort. The homeowners argued this was an “unlawful barrier.” The HOA countered that the statute doesn’t dictate the methodology of delivery, only that the information be provided.

The judge affirmed the HOA’s interpretation, ruling that the statute governs what must be provided but grants the association discretion in the methodology of its delivery. Because the homeowners “timely received the totality of the documents,” the HOA had met its legal obligation. In the final rehearing decision, the judge reflected on this point, noting that, “While Respondent’s methodology of document delivery to Petitioners may have not been ideal, under the totality of underlying circumstances the decision [was] reasonable…” The ruling underscores a critical distinction for homeowners: the legal standard of “reasonably available” focuses on the completeness of the information, not the convenience of its format. The lesson for homeowners is to be precise in your records request and prepared for the possibility that the HOA will provide the data in a format that requires you to do the analytical work of connecting the dots.

Privacy vs. Transparency: Why Your HOA Can Protect Its Members

The HOA’s core defense for its cumbersome delivery method was its duty to balance the homeowners’ request against the privacy and safety of all its members. This was not a theoretical concern. The case file reveals a complex community dynamic, noting, “While it has never been Petitioners’ intention to harass other Members of the Association, many homeowners have complained to Vision [the management company] regarding behaviors they have labeled ‘harassing’ by Petitioners.”

This context illuminates the difficult position of the board. The HOA’s attorney, Clint Goodman, articulated this balancing act in a letter to the homeowners’ counsel:

The Association’s position is that it has to balance your clients’ requests against the privacy and safety of all Owners within the Association. The Board is concerned with the personal information contained on the written consent forms or other documents and fears that individual members will be retaliated against or harassed based on a member’s decision to support, or not support, the matters up for a decision.

The court’s validation of this approach signals that an HOA’s right to take proactive steps to protect member privacy can outweigh an individual member’s demand for perfectly convenient access, especially when there are documented concerns about potential harassment.

An NDA Isn’t an Automatic Red Flag: Why HOAs Can Request Confidentiality

Early in the dispute, the HOA Board took a step that many homeowners would assume is illegal: citing privacy concerns, it voted 8-to-1 to require the homeowners to sign a non-disclosure agreement (NDA) before viewing the ballots. The homeowners refused.

While an NDA might seem like an unlawful impediment to a statutory right, the Administrative Law Judge found otherwise. The decision explicitly states that the HOA’s request for the homeowners to sign an NDA did not constitute a violation of the statute. Though the homeowners ultimately viewed the records without signing the agreement, the ruling is clear. It affirms that an HOA’s attempt to use an NDA as a tool to protect sensitive member information is not, in and of itself, an illegal act. This stands as a counter-intuitive but vital lesson: a request for confidentiality is a legally permissible option for a board concerned about its duty to protect member data.

Feeling Wronged Isn’t Enough: The High Bar of Proving an HOA Violation

This case is a potent reminder of the legal realities facing homeowners. The petitioners had the “burden of proving by a preponderance of the evidence” that the HOA violated the statute. The court defines this standard as “proof as convinces the trier of fact that the contention is more probably true than not.”

Despite their persistence through an initial hearing and a rehearing, the judge concluded in both decisions that the homeowners “did not sustain their burden of proof.” A critical insider detail from the judge reveals one reason why: the case was “skewed, as Petitioners only paid to have 1 issue adjudicated” despite splicing their complaint into three subparts. This suggests that procedural missteps or a narrowly defined petition can weaken a homeowner’s case from the start.

This legal standard means that a successful petition requires more than a feeling of being wronged; it demands a well-documented case proving a specific statutory violation with clear evidence. Simply showing that an HOA’s actions were inconvenient, frustrating, or fell short of personal expectations is not enough to win in court.

Conclusion: Drawing the Line Between Scrutiny and Safety

The case of Swanson & Barnes vs. Circle G Ranches 4 illuminates the inherent tension between a homeowner’s right to scrutinize their association and an HOA’s duty to protect the entire community. While the law provides for access, this ruling demonstrates that it also grants HOAs significant and reasonable discretion in how they provide it, particularly when member safety is a documented concern. The court’s decision prioritizes protecting members from potential harassment over providing perfect, convenient transparency.

It leaves every community member with a thought-provoking question: In your own community, how do you think the balance should be struck between total transparency and protecting your neighbors from potential harassment?


Case Participants

Petitioner Side

  • Sandra Swanson (petitioner)
    Also listed as a witness
  • Robert Barnes (petitioner)
    Also listed as a witness
  • Kristin Roebuck (attorney)
    Horne Siaton, PLLC
    Appeared as Kristin Roebuck Bethell, Esq. in rehearing,

Respondent Side

  • Jeremy Johnson (attorney)
    Joes, Skelton & Hochuli, PLC
  • Samantha Cote (attorney)
    Joes, Skelton & Hochuli, PLC
    Also referred to as Sam Cote, Esq.,,,
  • Patricia Ahler (witness)
  • Amanda Stewart (witness)
  • Jennifer Amundson (witness)
  • Regis Salazar (witness)
  • Clint Goodman (HOA attorney)
    Vision Community Management, LLC
    Attorney for Vision, the Association's property manager,,

Neutral Parties

  • Jenna Clark (ALJ)
    OAH
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
    Commissioner listed on original decision transmission
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
    Commissioner listed on rehearing decision transmission,
  • Dan Gardner (ADRE staff)
    Arizona Department of Real Estate
    Transmission recipient c/o Commissioner,,

Nicole Armsby (NICDON 10663 LLC) v. Desert Mountain Master

Case Summary

Case ID 21F-H2121055-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-31
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Nicole Armsby (NICDON 10663 LLC) Counsel
Respondent Desert Mountain Master Association Counsel Mark K. Sahl, Esq.

Alleged Violations

No violations listed

Outcome Summary

The Administrative Law Judge vacated the hearing from the docket because the Petitioner voluntarily withdrew.

Why this result: The Petitioner voluntarily withdrew the request for hearing, leading to the matter being vacated from the docket.

Key Issues & Findings

statute

The party requesting the hearing voluntarily withdrew the matter.

Orders: The matter was vacated from the docket of the Office of Administrative Hearings.

Filing fee: $500.00, Fee refunded: Yes

Disposition: respondent_win

Analytics Highlights

Topics: voluntary withdrawal, vacated hearing, continuance granted

Nicole Armsby (NICDON 10663 LLC) v. Desert Mountain Master

Case Summary

Case ID 21F-H2121055-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-31
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Nicole Armsby (NICDON 10663 LLC) Counsel
Respondent Desert Mountain Master Association Counsel Mark K. Sahl, Esq.

Alleged Violations

No violations listed

Outcome Summary

The Administrative Law Judge vacated the hearing from the docket because the Petitioner voluntarily withdrew.

Why this result: The Petitioner voluntarily withdrew the request for hearing, leading to the matter being vacated from the docket.

Key Issues & Findings

statute

The party requesting the hearing voluntarily withdrew the matter.

Orders: The matter was vacated from the docket of the Office of Administrative Hearings.

Filing fee: $500.00, Fee refunded: Yes

Disposition: respondent_win

Analytics Highlights

Topics: voluntary withdrawal, vacated hearing, continuance granted

Nicole Armsby (NICDON 10663 LLC) v. Desert Mountain Master

Case Summary

Case ID 21F-H2121055-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-31
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Nicole Armsby (NICDON 10663 LLC) Counsel
Respondent Desert Mountain Master Association Counsel Mark K. Sahl, Esq.

Alleged Violations

No violations listed

Outcome Summary

The Administrative Law Judge vacated the hearing from the docket because the Petitioner voluntarily withdrew.

Why this result: The Petitioner voluntarily withdrew the request for hearing, leading to the matter being vacated from the docket.

Key Issues & Findings

statute

The party requesting the hearing voluntarily withdrew the matter.

Orders: The matter was vacated from the docket of the Office of Administrative Hearings.

Filing fee: $500.00, Fee refunded: Yes

Disposition: respondent_win

Analytics Highlights

Topics: voluntary withdrawal, vacated hearing, continuance granted

Nicole Armsby (NICDON 10663 LLC) v. Desert Mountain Master

Case Summary

Case ID 21F-H2121055-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-31
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Nicole Armsby (NICDON 10663 LLC) Counsel
Respondent Desert Mountain Master Association Counsel Mark K. Sahl, Esq.

Alleged Violations

No violations listed

Outcome Summary

The Administrative Law Judge vacated the hearing from the docket because the Petitioner voluntarily withdrew.

Why this result: The Petitioner voluntarily withdrew the request for hearing, leading to the matter being vacated from the docket.

Key Issues & Findings

statute

The party requesting the hearing voluntarily withdrew the matter.

Orders: The matter was vacated from the docket of the Office of Administrative Hearings.

Filing fee: $500.00, Fee refunded: Yes

Disposition: respondent_win

Analytics Highlights

Topics: voluntary withdrawal, vacated hearing, continuance granted

Nicole Armsby (NICDON 10663 LLC) v. Desert Mountain Master

Case Summary

Case ID 21F-H2121055-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-31
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Nicole Armsby (NICDON 10663 LLC) Counsel
Respondent Desert Mountain Master Association Counsel Mark K. Sahl, Esq.

Alleged Violations

No violations listed

Outcome Summary

The Administrative Law Judge vacated the hearing from the docket because the Petitioner voluntarily withdrew.

Why this result: The Petitioner voluntarily withdrew the request for hearing, leading to the matter being vacated from the docket.

Key Issues & Findings

statute

The party requesting the hearing voluntarily withdrew the matter.

Orders: The matter was vacated from the docket of the Office of Administrative Hearings.

Filing fee: $500.00, Fee refunded: Yes

Disposition: respondent_win

Analytics Highlights

Topics: voluntary withdrawal, vacated hearing, continuance granted

Nicole Armsby (NICDON 10663 LLC) v. Desert Mountain Master

Note: A Rehearing was requested for this case. The dashboard statistics reflect the final outcome of the rehearing process.

Case Summary

Case ID 21F-H2121055-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-31
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Nicole Armsby (NICDON 10663 LLC) Counsel
Respondent Desert Mountain Master Association Counsel Mark K. Sahl, Esq.

Alleged Violations

No violations listed

Outcome Summary

The Administrative Law Judge vacated the hearing from the docket because the Petitioner voluntarily withdrew.

Why this result: The Petitioner voluntarily withdrew the request for hearing, leading to the matter being vacated from the docket.

Key Issues & Findings

statute

The party requesting the hearing voluntarily withdrew the matter.

Orders: The matter was vacated from the docket of the Office of Administrative Hearings.

Filing fee: $500.00, Fee refunded: Yes

Disposition: respondent_win

Analytics Highlights

Topics: voluntary withdrawal, vacated hearing, continuance granted

Nicole Armsby (NICDON 10663 LLC) v. Desert Mountain Master

Case Summary

Case ID 21F-H2121055-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-31
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Nicole Armsby (NICDON 10663 LLC) Counsel
Respondent Desert Mountain Master Association Counsel Mark K. Sahl, Esq.

Alleged Violations

No violations listed

Outcome Summary

The Administrative Law Judge vacated the hearing from the docket because the Petitioner voluntarily withdrew.

Why this result: The Petitioner voluntarily withdrew the request for hearing, leading to the matter being vacated from the docket.

Key Issues & Findings

statute

The party requesting the hearing voluntarily withdrew the matter.

Orders: The matter was vacated from the docket of the Office of Administrative Hearings.

Filing fee: $500.00, Fee refunded: Yes

Disposition: respondent_win

Analytics Highlights

Topics: voluntary withdrawal, vacated hearing, continuance granted

Nicole Armsby (NICDON 10663 LLC) v. Desert Mountain Master

Case Summary

Case ID 21F-H2121055-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-31
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Nicole Armsby (NICDON 10663 LLC) Counsel
Respondent Desert Mountain Master Association Counsel Mark K. Sahl, Esq.

Alleged Violations

No violations listed

Outcome Summary

The Administrative Law Judge vacated the hearing from the docket because the Petitioner voluntarily withdrew.

Why this result: The Petitioner voluntarily withdrew the request for hearing, leading to the matter being vacated from the docket.

Key Issues & Findings

statute

The party requesting the hearing voluntarily withdrew the matter.

Orders: The matter was vacated from the docket of the Office of Administrative Hearings.

Filing fee: $500.00, Fee refunded: Yes

Disposition: respondent_win

Analytics Highlights

Topics: voluntary withdrawal, vacated hearing, continuance granted