Jeffrey Kreitzberg vs. Arcadia Spring Townhomes Unit 1

Case Summary

Case ID «Matter Matter ID»
Agency ADRE
Tribunal OAH
Decision Date 1996-07-04
Administrative Law Judge «Professional Full Name»
Outcome complete
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner «Client Contact Full Name» Counsel
Respondent «Client Contact Company» Counsel

Alleged Violations

No violations listed

Key Issues & Findings

statute

Filing fee: $0.00, Fee refunded: No

Video Overview

Audio Overview

Decision Documents

18F-H1717040-REL Decision – 634939.pdf

Uploaded 2025-10-09T03:31:54 (39.0 KB)





Briefing Doc – 18F-H1717040-REL


Briefing on the Administrative Law Judge Decision Document

Executive Summary

The source material provides a standardized template for an “Administrative Law Judge Decision” issued by the Office of Administrative Hearings located in Phoenix, Arizona. The document is structured to formalize the outcome of an administrative hearing, delineating key procedural and case-specific information. Its core components include sections for case identification, hearing details, participant appearances, and the presiding judge’s official signature. A notable feature is the explicit protocol for electronic transmission of the final decision to a designated client contact, indicating a formalized digital workflow. The template utilizes a series of placeholders to be populated with specific details for each case.

Document Origin and Jurisdiction

The document template originates from a specific governmental body, establishing its context and authority within an administrative legal framework.

Issuing Authority: Office of Administrative Hearings

Physical Address: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

This information firmly places the document within the purview of this Arizona-based administrative office.

Core Components of the Decision Template

The template is systematically organized to ensure all critical information for a legal decision is captured and presented clearly.

1. Case Identification

The header section is designed to uniquely identify the matter being adjudicated.

Case Number: The document includes a field for a unique identifier, denoted as No. «Matter Matter ID».

Matter Notes: A placeholder, «Matter Notes», is provided at the top, likely for a case title, subject matter, or other essential preliminary information.

2. Hearing and Participant Details

The template formalizes the record of the hearing and its attendees.

Hearing Information: A dedicated HEARING: section is included to record the specifics of the hearing itself, such as the date and nature of the proceedings.

Appearances: A section labeled APPEARANCES: is designated for listing the parties and representatives who were present.

Presiding Judge: The decision is attributed to a specific judge, identified by the placeholder ADMINISTRATIVE LAW JUDGE: «Professional Full Name».

3. Decision and Execution

The concluding section of the template is structured for the formal issuance and authentication of the judge’s decision.

Date of Decision: The document is dated with the line: Done this day, «Today: July 4, 1996».

Judge’s Signature: A formal signature line is provided for the judge: /s/ «Professional Full Name» Administrative Law Judge.

4. Transmission Protocol

The template includes explicit instructions for the document’s dissemination after being finalized.

Method of Delivery: The document specifies it is “Transmitted electronically to:”.

Recipient Information: It contains placeholders to detail the recipient, including their full name («Client Contact Full Name»), title («Client Contact Title»), and organization («Client Contact Company»).

Analysis of Placeholder Fields

The template’s functionality relies on a series of placeholder fields, which reveal the specific data points required to complete a formal decision document.

Placeholder Field

Inferred Purpose

«Matter Notes»

To be replaced with the case title, subject, or other key contextual notes.

«Matter Matter ID»

The unique docket or case number assigned to the administrative matter.

«Professional Full Name»

The full name of the presiding Administrative Law Judge; used in two locations.

«Today: July 4, 1996»

The specific date on which the judge finalizes and issues the decision.

«Client Contact Full Name»

The full name of the primary contact person receiving the decision.

«Client Contact Title»

The professional title of the recipient.

«Client Contact Company»

The company or organization to which the recipient belongs.






Study Guide – 18F-H1717040-REL


Study Guide: Administrative Law Judge Decision Document

This guide provides a detailed review of the structure, components, and terminology found within the provided document template from the Office of Administrative Hearings.

Quiz: Short Answer Questions

Instructions: Answer the following questions in two to three complete sentences, based solely on the information provided in the source document.

1. What is the official name and full address of the government body that issues this document?

2. What is the formal title of the document, and what is the title of the official who signs it?

3. How is the document delivered to its intended recipient after being finalized?

4. Identify two placeholders in the document that are used to specify the unique details of a particular case.

5. What two distinct sections are designated in the body of the document’s template, apart from the header and signature blocks?

6. Who is the specific audience for the electronic transmission of this document, as indicated by the placeholders?

7. What information is located in the header of the document?

8. Describe the function of the placeholder «Professional Full Name» in the context of this document.

9. What action is indicated as being completed on the date specified by the «Today: July 4, 1996» placeholder?

10. Where is the Office of Administrative Hearings located within its building?

——————————————————————————–

Answer Key

1. The issuing body is the Office of Administrative Hearings. Its full address is 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007.

2. The formal title of the document is “ADMINISTRATIVE LAW JUDGE DECISION.” The official who signs the document holds the title of “Administrative Law Judge.”

3. After being finalized and signed, the document is “Transmitted electronically” to the designated client contact.

4. The placeholders «Matter Notes» and No. «Matter Matter ID» are used to specify the unique details of a case. These likely correspond to a short description or title of the matter and its official case number.

5. The two distinct sections designated in the body of the template are “HEARING” and “APPEARANCES.” These sections are intended to contain details about the proceeding and the parties involved.

6. The audience for the electronic transmission is a specific individual identified by placeholders for their full name («Client Contact Full Name»), professional title («Client Contact Title»), and company («Client Contact Company»).

7. The header contains the name of the issuing body, the Office of Administrative Hearings, and its physical address. It also includes the case identifier («Matter Matter ID») and a space for case notes («Matter Notes»).

8. The placeholder «Professional Full Name» appears twice. It is used for the name of the presiding Administrative Law Judge in the main body and again above the signature line to indicate which judge authored and signed the decision.

9. The date placeholder signifies when the decision was officially completed and signed by the Administrative Law Judge. The document states, “Done this day,” followed by the date.

10. The Office of Administrative Hearings is located on the “Lower Level” of the building at 1740 West Adams Street.

——————————————————————————–

Essay Questions

Instructions: The following questions are designed to encourage a deeper, more analytical understanding of the document. Formulate a comprehensive response to each prompt.

1. Describe the structure and key components of the “ADMINISTRATIVE LAW JUDGE DECISION” document as presented in the source. What does this structure suggest about the formal legal process it represents?

2. Analyze the role of placeholders (e.g., «Matter Matter ID», «Professional Full Name», «Client Contact Company») in this document. Discuss their function in transforming a generic template into a case-specific official record.

3. Based on the information provided, explain the complete procedural flow of this document, from its creation and signing by an Administrative Law Judge to its final delivery.

4. Discuss the significance of the “Office of Administrative Hearings” and the “Administrative Law Judge” in the context of the legal system, as implied by the details in this document template.

5. Evaluate the methods of communication and record-keeping indicated in the source text (e.g., electronic transmission, formal titling, unique case identifiers). How do these elements contribute to the document’s authority and administrative efficiency?

——————————————————————————–

Glossary of Terms

Definition

Administrative Law Judge

The title of the presiding official within the Office of Administrative Hearings who signs and issues the formal decision.

Administrative Law Judge Decision

The formal title of the document, indicating it is the official ruling resulting from a hearing conducted by an Administrative Law Judge.

Appearances

A designated section in the document template, intended to formally list the parties and/or legal counsel who participated in the hearing.

Hearing

A designated section in the document template, referring to the formal proceeding where arguments and evidence were presented before the Administrative Law Judge.

Matter Matter ID

A placeholder for the unique numerical or alphanumerical identifier assigned to a specific legal case or matter.

Matter Notes

A placeholder at the top of the document, likely used for a brief title or summary description of the legal case.

Office of Administrative Hearings

The governmental body, located in Phoenix, Arizona, that is responsible for conducting hearings and issuing administrative law decisions.

Transmitted electronically

The official method specified for the delivery of the finalized and signed decision document to the designated recipient.






Blog Post – 18F-H1717040-REL


What a Blank Legal Form Reveals About the Systems We Live In

Introduction: The Stories Hidden in Plain Sight

We tend to see legal documents as the epitome of boring: dense, intimidating, and irrelevant until we’re forced to deal with them. They are the paperwork we ignore, the fine print we scroll past. But what if even the most mundane administrative form held surprising insights into the systems that shape our society? A closer look at a template for an “ADMINISTRATIVE LAW JUDGE DECISION” from the Office of Administrative Hearings in Phoenix, Arizona, reveals just that. This single page exposes the inherent tension in modern justice: the system’s need for standardized, machine-like efficiency clashing with the unique, messy human stories it is built to process. Let’s explore the lessons hidden within its structure.

The Unexpected Takeaways

The first thing one notices is not a dramatic narrative but a series of placeholders: «Matter Matter ID», «Matter Notes», and «Professional Full Name». Running down the left margin are line numbers, 1 through 30, a tool for absolute precision, allowing legal professionals to reference exact parts of the document in future arguments. This is not a unique script for a high-stakes battle; it is a template, a fill-in-the-blanks form.

This reality stands in stark contrast to the dramatic courtroom scenes portrayed in media. The day-to-day process of justice is less about impassioned speeches and more about systematic procedure. From a systems analyst’s perspective, this banality is a cornerstone of fairness. Templates, line numbers, and standardization are mechanisms designed to reduce variance and ensure predictable outputs. They ensure each case is processed through the same structural lens, making justice a repeatable, and therefore equitable, procedure. But within this rigid template, the system must still make space for the very thing it seeks to control: people.

While the format is rigid, it is ultimately a vessel for human conflict. The fields for APPEARANCES and the ADMINISTRATIVE LAW JUDGE are waiting for human names. But the analysis deepens when we see the recipient information: «Client Contact Full Name», «Client Contact Title», and «Client Contact Company». The system needs to know not just who you are, but what you do and who you represent.

This form acts as an input protocol, designed to convert a complex human narrative into structured, machine-readable data for the legal system. Each filled-out template signifies a human story—a dispute, a claim, a need—being processed. It reveals that the system sees people not just as individuals, but as actors within a larger organizational and economic context. It’s a framework built to contain the messiness of human affairs, reminding us that even our most personal problems must be assigned a title and a case number to be resolved. And this system, designed to process human data, is itself grounded in a very real place.

The law can feel like an abstract, untouchable force. Yet, printed at the top of the form is a concrete, physical location: Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007.

This small detail grounds the entire process in reality. The law isn’t just an idea; it’s an institution run by people working in a specific building. Decisions that impact lives are made not in some ethereal cloud of authority, but in a lower-level office on West Adams Street. This detail demystifies the system, making it more tangible and, perhaps, more accountable. And it is in this physical building, steeped in procedural tradition, that we find the most telling signs of adaptation to a new world.

The document announces its formal gravity with an almost archaic header: IN THE OFFICE OF ADMINISTRATIVE HEARINGS. This language evokes a sense of place, history, and tradition. Yet, this tradition is forced to confront modernity in a few subtle keystrokes. Below the formal signature line for the judge, we find /s/ «Professional Full Name».

That /s/ is a ghost in the machine. It is a modern typographic convention signifying a digital signature, a symbol that represents the authority of a handwritten signature in an electronic context. This quiet nod to the digital age is confirmed by the final line on the page: Transmitted electronically. The juxtaposition is powerful. A document that begins with the formal weight of a physical office ends with the frictionless speed of digital transmission. This, combined with a legacy placeholder date of «Today: July 4, 1996», paints a perfect picture of an institution in transition, holding onto its analog legacy while operating with the tools of the present.

Conclusion: Finding Meaning in the Margins

Insightful truths about our society are not always found in grand pronouncements. Sometimes, they are quietly embedded in the structure of administrative paperwork, revealing the constant negotiation between systematic order and human reality. By looking closely at the mundane, we uncover the logic, values, and contradictions of the complex world we have built—a world of templates designed to process unique lives, and of digital signatures that carry the weight of centuries of law.

What other everyday documents do we overlook, and what stories might they tell if we looked closer?


Case Participants

Neutral Parties

  • «Professional Full Name» (ALJ)

Other Participants

  • «Client Contact Full Name» (client contact)
    «Client Contact Company»
    «Client Contact Title»

Jeffrey Kreitzberg vs. Arcadia Spring Townhomes Unit 1

Case Summary

Case ID «Matter Matter ID»
Agency ADRE
Tribunal OAH
Decision Date 1996-07-04
Administrative Law Judge «Professional Full Name»
Outcome complete
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner «Client Contact Full Name» Counsel
Respondent «Client Contact Company» Counsel

Alleged Violations

No violations listed

Key Issues & Findings

statute

Filing fee: $0.00, Fee refunded: No

Audio Overview

Decision Documents

18F-H1717040-REL Decision – 634939.pdf

Uploaded 2025-10-08T06:52:02 (39.0 KB)





Briefing Doc – 18F-H1717040-REL


Briefing on the Administrative Law Judge Decision Document

Executive Summary

The source material provides a standardized template for an “Administrative Law Judge Decision” issued by the Office of Administrative Hearings located in Phoenix, Arizona. The document is structured to formalize the outcome of an administrative hearing, delineating key procedural and case-specific information. Its core components include sections for case identification, hearing details, participant appearances, and the presiding judge’s official signature. A notable feature is the explicit protocol for electronic transmission of the final decision to a designated client contact, indicating a formalized digital workflow. The template utilizes a series of placeholders to be populated with specific details for each case.

Document Origin and Jurisdiction

The document template originates from a specific governmental body, establishing its context and authority within an administrative legal framework.

Issuing Authority: Office of Administrative Hearings

Physical Address: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

This information firmly places the document within the purview of this Arizona-based administrative office.

Core Components of the Decision Template

The template is systematically organized to ensure all critical information for a legal decision is captured and presented clearly.

1. Case Identification

The header section is designed to uniquely identify the matter being adjudicated.

Case Number: The document includes a field for a unique identifier, denoted as No. «Matter Matter ID».

Matter Notes: A placeholder, «Matter Notes», is provided at the top, likely for a case title, subject matter, or other essential preliminary information.

2. Hearing and Participant Details

The template formalizes the record of the hearing and its attendees.

Hearing Information: A dedicated HEARING: section is included to record the specifics of the hearing itself, such as the date and nature of the proceedings.

Appearances: A section labeled APPEARANCES: is designated for listing the parties and representatives who were present.

Presiding Judge: The decision is attributed to a specific judge, identified by the placeholder ADMINISTRATIVE LAW JUDGE: «Professional Full Name».

3. Decision and Execution

The concluding section of the template is structured for the formal issuance and authentication of the judge’s decision.

Date of Decision: The document is dated with the line: Done this day, «Today: July 4, 1996».

Judge’s Signature: A formal signature line is provided for the judge: /s/ «Professional Full Name» Administrative Law Judge.

4. Transmission Protocol

The template includes explicit instructions for the document’s dissemination after being finalized.

Method of Delivery: The document specifies it is “Transmitted electronically to:”.

Recipient Information: It contains placeholders to detail the recipient, including their full name («Client Contact Full Name»), title («Client Contact Title»), and organization («Client Contact Company»).

Analysis of Placeholder Fields

The template’s functionality relies on a series of placeholder fields, which reveal the specific data points required to complete a formal decision document.

Placeholder Field

Inferred Purpose

«Matter Notes»

To be replaced with the case title, subject, or other key contextual notes.

«Matter Matter ID»

The unique docket or case number assigned to the administrative matter.

«Professional Full Name»

The full name of the presiding Administrative Law Judge; used in two locations.

«Today: July 4, 1996»

The specific date on which the judge finalizes and issues the decision.

«Client Contact Full Name»

The full name of the primary contact person receiving the decision.

«Client Contact Title»

The professional title of the recipient.

«Client Contact Company»

The company or organization to which the recipient belongs.


Jeffrey Kreitzberg vs. Arcadia Spring Townhomes Unit 1

Case Summary

Case ID «Matter Matter ID»
Agency ADRE
Tribunal OAH
Decision Date 1996-07-04
Administrative Law Judge «Professional Full Name»
Outcome complete
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner «Client Contact Full Name» Counsel
Respondent «Client Contact Company» Counsel

Alleged Violations

No violations listed

Key Issues & Findings

statute

Filing fee: $0.00, Fee refunded: No

Audio Overview

Decision Documents

18F-H1717040-REL Decision – 634939.pdf

Uploaded 2025-10-08T07:02:48 (39.0 KB)





Briefing Doc – 18F-H1717040-REL


Briefing on the Administrative Law Judge Decision Document

Executive Summary

The source material provides a standardized template for an “Administrative Law Judge Decision” issued by the Office of Administrative Hearings located in Phoenix, Arizona. The document is structured to formalize the outcome of an administrative hearing, delineating key procedural and case-specific information. Its core components include sections for case identification, hearing details, participant appearances, and the presiding judge’s official signature. A notable feature is the explicit protocol for electronic transmission of the final decision to a designated client contact, indicating a formalized digital workflow. The template utilizes a series of placeholders to be populated with specific details for each case.

Document Origin and Jurisdiction

The document template originates from a specific governmental body, establishing its context and authority within an administrative legal framework.

Issuing Authority: Office of Administrative Hearings

Physical Address: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

This information firmly places the document within the purview of this Arizona-based administrative office.

Core Components of the Decision Template

The template is systematically organized to ensure all critical information for a legal decision is captured and presented clearly.

1. Case Identification

The header section is designed to uniquely identify the matter being adjudicated.

Case Number: The document includes a field for a unique identifier, denoted as No. «Matter Matter ID».

Matter Notes: A placeholder, «Matter Notes», is provided at the top, likely for a case title, subject matter, or other essential preliminary information.

2. Hearing and Participant Details

The template formalizes the record of the hearing and its attendees.

Hearing Information: A dedicated HEARING: section is included to record the specifics of the hearing itself, such as the date and nature of the proceedings.

Appearances: A section labeled APPEARANCES: is designated for listing the parties and representatives who were present.

Presiding Judge: The decision is attributed to a specific judge, identified by the placeholder ADMINISTRATIVE LAW JUDGE: «Professional Full Name».

3. Decision and Execution

The concluding section of the template is structured for the formal issuance and authentication of the judge’s decision.

Date of Decision: The document is dated with the line: Done this day, «Today: July 4, 1996».

Judge’s Signature: A formal signature line is provided for the judge: /s/ «Professional Full Name» Administrative Law Judge.

4. Transmission Protocol

The template includes explicit instructions for the document’s dissemination after being finalized.

Method of Delivery: The document specifies it is “Transmitted electronically to:”.

Recipient Information: It contains placeholders to detail the recipient, including their full name («Client Contact Full Name»), title («Client Contact Title»), and organization («Client Contact Company»).

Analysis of Placeholder Fields

The template’s functionality relies on a series of placeholder fields, which reveal the specific data points required to complete a formal decision document.

Placeholder Field

Inferred Purpose

«Matter Notes»

To be replaced with the case title, subject, or other key contextual notes.

«Matter Matter ID»

The unique docket or case number assigned to the administrative matter.

«Professional Full Name»

The full name of the presiding Administrative Law Judge; used in two locations.

«Today: July 4, 1996»

The specific date on which the judge finalizes and issues the decision.

«Client Contact Full Name»

The full name of the primary contact person receiving the decision.

«Client Contact Title»

The professional title of the recipient.

«Client Contact Company»

The company or organization to which the recipient belongs.


Gary W. Moselle vs. Desert Mountain Master Association

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

Case Summary

Case ID 18F-H1817005-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2018-05-10
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Gary W. Moselle Counsel
Respondent Desert Mountain Master Association Counsel Curtis Ekmark

Alleged Violations

A.R.S. § 33-1804(A)

Outcome Summary

The ALJ denied the Petitioner's petition, concluding that the DMMA Communications committee meeting was not subject to the open meetings law because the committee did not hold 'regularly scheduled' meetings.

Why this result: Petitioner failed to prove by a preponderance of the evidence that the Respondent violated A.R.S. § 33-1804, as the committee meeting in question did not meet the definition of a 'regularly scheduled committee meeting' required to be open to members.

Key Issues & Findings

Whether the Respondent violated the open meeting statute by closing a committee meeting.

Petitioner alleged that the DMMA Communications committee meeting was improperly closed and subject to open meeting laws. The ALJ determined the committee did not hold 'regularly scheduled' meetings (defined as meetings occurring at regular intervals) and was therefore not subject to A.R.S. § 33-1804.

Orders: Petitioner’s petition is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1804
  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119
  • State ex rel. Thomas v. Contes, 216 Ariz. 525, 527, 169 P.3d 115, 117 (App. 2007)
  • Marsoner v. Pima County, 166 Ariz. 486, 488, 803 P.2d 897, 899 (1991)

Analytics Highlights

Topics: HOA Open Meetings Law, Committee Meeting, Regularly Scheduled
Additional Citations:

  • A.R.S. § 33-1804
  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119
  • State ex rel. Thomas v. Contes, 216 Ariz. 525, 527, 169 P.3d 115, 117 (App. 2007)
  • Marsoner v. Pima County, 166 Ariz. 486, 488, 803 P.2d 897, 899 (1991)

Video Overview

Audio Overview

Decision Documents

18F-H1817005-REL-RHG Decision – 634096.pdf

Uploaded 2026-01-23T17:21:37 (106.4 KB)

18F-H1817005-REL-RHG Decision – ../18F-H1817005-REL/605190.pdf

Uploaded 2026-01-23T17:21:42 (77.0 KB)





Briefing Doc – 18F-H1817005-REL-RHG


Briefing on the Moselle v. Desert Mountain Master Association Case

Executive Summary

This document synthesizes two Administrative Law Judge Decisions regarding a dispute between homeowner Gary W. Moselle (Petitioner) and the Desert Mountain Master Association (DMMA or Respondent). The core of the case, No. 18F-H1817005-REL, is the legal interpretation of the phrase “regularly scheduled committee meetings” as it appears in Arizona’s open meeting statute for planned communities, A.R.S. § 33-1804.

The conflict arose when the DMMA Communications Committee held a closed meeting on September 6, 2017, which Mr. Moselle was barred from attending. He contended this violated the statute’s open meeting requirements. The DMMA argued the committee was exempt because its meetings were infrequent and not held at fixed intervals.

In two separate decisions—an initial ruling on December 7, 2017, and a second after a rehearing on May 10, 2018—Administrative Law Judge Tammy L. Eigenheer consistently ruled in favor of the DMMA. The judge concluded that “regularly scheduled” applies to meetings that occur at regular, predictable intervals (e.g., monthly, quarterly). Since the Communications Committee met only four times in two years without a set schedule, it was not subject to the open meeting law. The judge determined that the statute’s general policy favoring openness does not override its more specific provisions. Ultimately, the petitioner’s petition was denied.

Case Background and Timeline

The dispute proceeded through the Arizona Department of Real Estate and the Office of Administrative Hearings, culminating in a definitive ruling after a granted rehearing.

September 1, 2017

Gary W. Moselle files a petition with the Arizona Department of Real Estate, alleging DMMA violated open meeting laws.

September 6, 2017

The DMMA Communications Committee holds a closed meeting, which Mr. Moselle is not permitted to attend.

September 18, 2017

DMMA files an answer denying all allegations.

November 17, 2017

An initial hearing is conducted before Administrative Law Judge (ALJ) Tammy L. Eigenheer.

December 7, 2017

The ALJ issues a decision denying Mr. Moselle’s petition.

January 4, 2018

Mr. Moselle files a request for rehearing, citing “newly discovered material evidence” and arguing the decision was contrary to law.

January 26, 2018

The Department of Real Estate grants the request for a rehearing.

April 20, 2018

A rehearing is conducted before the ALJ.

May 10, 2018

The ALJ issues a final decision after rehearing, again denying Mr. Moselle’s petition.

Core Legal Issue: Interpretation of A.R.S. § 33-1804

The central legal question was whether the DMMA Communications Committee was subject to the open meeting requirements mandated by Arizona Revised Statute § 33-1804. The resolution of the case hinged on the interpretation of specific language within the statute.

Relevant Statutory Provisions

A.R.S. § 33-1804(A): “Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association…”

A.R.S. § 33-1804(F): “It is the policy of this state as reflected in this section that all meetings of a planned community… be conducted openly… Toward this end, any person or entity that is charged with the interpretation of these provisions… shall take into account this declaration of policy and shall construe any provision of this section in favor of open meetings.”

Arguments Presented by the Parties

The petitioner and respondent presented starkly different interpretations of the phrase “regularly scheduled.”

Petitioner’s Position (Gary W. Moselle)

Definition of “Regularly Scheduled”: Mr. Moselle argued that “regularly scheduled” should be interpreted to mean a meeting scheduled in a “normal manner” or “ordinary fashion,” not necessarily one that recurs at fixed intervals.

Primacy of Openness Policy: He emphasized the policy statement in A.R.S. § 33-1804(F), asserting that the statute’s clear preference for open meetings should guide the interpretation of any ambiguous terms.

Arguments for Rehearing: In his request for a rehearing, Mr. Moselle cited newly discovered evidence (an email sent by the DMMA after the first hearing) and suggested the ALJ should evaluate whether the DMMA had misled the court regarding the Board’s actions on the committee’s recommendation.

Respondent’s Position (Desert Mountain Master Association)

Definition of “Regularly Scheduled”: DMMA contended that the phrase “regularly scheduled” plainly refers to meetings that occur at regular, predictable intervals, “such as on the third Thursday of every month, quarterly, or even annually.”

Evidence of Infrequent Meetings: As evidence, the DMMA testified that its Communications Committee met infrequently and without a fixed pattern, holding only four meetings in 2016 and 2017 (twice in April 2016, once in June 2017, and the contested meeting of September 6, 2017).

Lack of Board Action: The DMMA further argued that a recommendation from the committee to the Board of Directors was not acted upon, which it presented as evidence that the committee was not “conducting any actual business of the Board.”

Administrative Law Judge’s Analysis and Rulings

Across both decisions, the Administrative Law Judge (ALJ) provided a consistent legal analysis that ultimately favored the respondent’s interpretation of the statute.

Initial Decision (December 7, 2017)

• The ALJ concluded that the DMMA Communications Committee does not hold “regularly scheduled meetings.”

• Based on this finding, the committee was deemed not subject to the open meetings law.

• The decision to hold a closed meeting on September 6, 2017, was therefore ruled not to be a violation of A.R.S. § 33-1804.

• The petitioner’s petition was denied.

Decision After Rehearing (May 10, 2018)

Statutory Interpretation: The ALJ reaffirmed the conclusion that the “plain language” of A.R.S. § 33-1804(A) applies to meetings that “occur at regular intervals.” While acknowledging that “regularly scheduled” could have multiple meanings, the ALJ settled on this interpretation.

Policy vs. Specifics: The decision explicitly states that the general policy favoring open meetings in subsection (F) “does not override the specific provisions of A.R.S. § 33-1804(A) that only ‘regularly scheduled’ committee meetings must be open to the members.”

Petitioner’s Testimony: The ALJ noted that during the rehearing, Mr. Moselle’s own testimony on cross-examination appeared to support the court’s interpretation. When questioned about other DMMA committees, Mr. Moselle stated that five of them “meet at the request of the chair and they’re not regularly scheduled.”

Final Ruling: The ALJ again concluded that the DMMA Communication Committee did not hold “regularly scheduled” meetings at the time of the incident and was therefore not in violation of the statute. The petition was denied for a final time.

Final Disposition

The petition filed by Gary W. Moselle against the Desert Mountain Master Association was denied. The Administrative Law Judge’s order of May 10, 2018, issued after the rehearing, was declared binding on the parties. As per the final notice, any further appeal would require a party to seek judicial review in superior court within thirty-five days of the order.






Study Guide – 18F-H1817005-REL-RHG


Study Guide: Moselle v. Desert Mountain Master Association

This guide provides a comprehensive review of the administrative case between Gary W. Moselle (Petitioner) and the Desert Mountain Master Association (Respondent) concerning Arizona’s open meetings law for planned communities. It includes a short-answer quiz, an answer key, suggested essay questions, and a glossary of key terms.

Short-Answer Quiz

Instructions: Answer the following questions in two to three sentences, based on the information provided in the case documents.

1. Who were the primary parties in this case, and what were their respective roles?

2. What specific event on September 6, 2017, prompted the Petitioner to file his complaint?

3. What specific Arizona statute did the Petitioner allege the Respondent had violated?

4. What was the Respondent’s primary argument for why its Communications Committee was not subject to the open meetings law?

5. How did the Petitioner, Gary W. Moselle, interpret the key statutory phrase “regularly scheduled committee meetings”?

6. What evidence did the Respondent present regarding the frequency of the Communications Committee’s meetings in 2016 and 2017?

7. What is the “preponderance of the evidence” standard, and which party had the responsibility to meet it?

8. What was the Administrative Law Judge’s final conclusion regarding the meaning of “regularly scheduled” in the context of the statute?

9. On what grounds did the Petitioner successfully request a rehearing after the initial decision was issued on December 7, 2017?

10. How did the judge weigh the general policy statement in A.R.S. § 33-1804(F) against the specific language in A.R.S. § 33-1804(A)?

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Answer Key

1. The primary parties were Gary W. Moselle, the Petitioner, and the Desert Mountain Master Association (DMMA), the Respondent. Mr. Moselle was a homeowner who filed a petition against the DMMA, which is the homeowners association for the community.

2. The Petitioner filed his complaint after he was not allowed to attend a “closed” meeting of the DMMA Communications Committee that was held on September 6, 2017. He alleged this violated Arizona’s open meeting statute.

3. The Petitioner alleged that the Respondent had violated Arizona Revised Statute (A.R.S.) § 33-1804. This statute governs open meetings for planned communities, such as homeowners associations.

4. The Respondent argued that the Communications Committee did not meet at regular, established intervals and therefore its meetings were not “regularly scheduled” as required by the statute to be open. They also asserted that the committee’s recommendation was not acted upon by the Board, suggesting it was not conducting official business.

5. The Petitioner argued that “regularly scheduled” should be interpreted to mean a meeting that was scheduled in a normal or ordinary fashion. He asserted this interpretation was supported by the statute’s general policy favoring open meetings.

6. The Respondent provided testimony that the Communications Committee met infrequently and without a set interval, having held only four meetings in 2016 and 2017. These meetings occurred twice in April 2016, once in June 2017, and on September 6, 2017.

7. “Preponderance of the evidence” is the standard of proof requiring evidence to show that a fact is more probable than not. In this proceeding, the Petitioner, Gary W. Moselle, bore the burden of proving the Respondent’s violation by a preponderance of the evidence.

8. The Administrative Law Judge concluded that the plain language of the statute meant “regularly scheduled” referred to meetings that occur at regular intervals, such as monthly, quarterly, or annually. The judge rejected the Petitioner’s alternate interpretation.

9. The Petitioner was granted a rehearing by citing newly discovered material evidence (an email sent after the first hearing) and arguing the need to evaluate whether the Respondent had misled the judge. He also contended that the initial decision was contrary to law.

10. The judge acknowledged the state’s policy favoring open meetings as stated in subsection (F). However, the judge ruled that this general policy statement did not override the specific provision in subsection (A) that only “regularly scheduled” committee meetings are required to be open.

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Essay Questions

Instructions: The following questions are designed for longer, more analytical responses. Formulate an essay-style answer for each, drawing upon the facts, arguments, and legal reasoning presented in the case documents.

1. Analyze the conflicting interpretations of the phrase “regularly scheduled” as presented by the Petitioner and the Respondent. Discuss the principles of statutory construction used by the Administrative Law Judge to resolve this dispute and explain why one interpretation was favored over the other.

2. Examine the procedural history of this case, from the initial petition filed with the Arizona Department of Real Estate to the final order issued after the rehearing. What were the key legal steps, decisions, and turning points in the process?

3. Discuss the evidence presented by the Desert Mountain Master Association to support its case. How did testimony regarding meeting frequency and the Board’s actions on committee recommendations contribute to the final outcome?

4. Explain the legal relationship between A.R.S. § 33-1804(A) and A.R.S. § 33-1804(F). Based on the judge’s decision, what is the hierarchy between a statute’s specific provisions and its general policy declarations?

5. During the rehearing, the Petitioner’s own testimony about other committees was noted by the Administrative Law Judge. Explain this apparent contradiction in the Petitioner’s argument and discuss its potential impact on the case.

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An official who presides over administrative hearings, makes findings of fact and conclusions of law, and issues decisions on behalf of a government agency.

A.R.S. § 33-1804

The specific Arizona Revised Statute at the center of the dispute, which governs open meetings for planned communities and their boards of directors and committees.

Burden of Proof

The obligation of a party in a legal case to provide sufficient evidence to prove their allegations. In this case, the burden was on the Petitioner.

Conclusions of Law

The judge’s application of legal principles to the facts of the case to reach a decision.

Department of Real Estate

The Arizona state agency with jurisdiction to hear disputes between property owners and homeowners associations under A.R.S. § 32-2199 et seq.

Desert Mountain Master Association (DMMA)

The Respondent in the case; a homeowners association located in Scottsdale, Arizona, classified as a Planned Unit Development.

Findings of Fact

The determination of factual events made by a judge from the evidence presented in a trial or hearing.

Gary W. Moselle

The Petitioner in the case; a homeowner within the DMMA who filed the complaint.

Jurisdiction

The official power of a court or agency to hear a case and make legal decisions and judgments.

Open Meetings Law

A law, in this case A.R.S. § 33-1804, that requires meetings of certain entities to be open to all members or the public.

Petition

The formal written request filed with an administrative body or court to initiate a case.

Petitioner

The party who files a petition and initiates a legal action.

Planned Unit Development (PUD)

A type of real estate development and community governed by specific state laws, such as those in A.R.S. Title 33, Chapter 16.

Preponderance of the Evidence

The standard of proof in most civil and administrative cases, defined as evidence that is more convincing and shows a fact is more probable than not.

Rehearing

A second hearing of a case to reconsider the previous decision, typically granted due to new evidence or an argument of legal error.

Regularly Scheduled

The key statutory phrase in dispute. The judge interpreted it to mean meetings that occur at regular, established intervals (e.g., monthly, quarterly).

Respondent

The party against whom a petition is filed; the party defending against the complaint.

Statutory Construction

The process by which judges interpret and apply legislation. The primary goal is to ascertain the legislature’s intent, starting with the plain text of the statute.






Blog Post – 18F-H1817005-REL-RHG


Your HOA Committee Might Be Meeting in Secret—And It Could Be Perfectly Legal

As a homeowner in a planned community, you likely know you have the right to attend your HOA’s board of directors meetings. But what about the committee meetings? The finance, architectural, or communications committees often lay the critical groundwork for decisions that ultimately affect your property and fees. Do you have a right to observe their deliberations?

A recent legal case in Scottsdale, Arizona, hinged on the interpretation of a single, seemingly straightforward phrase and exposed a surprising rule about HOA transparency. The case, Moselle v. Desert Mountain Master Association, reveals critical lessons for any homeowner about the letter of the law and how it can sometimes create legal loopholes that allow committee meetings to happen behind closed doors.

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1. The Crucial Loophole: “Regularly Scheduled” Doesn’t Mean What You Think

The entire dispute rested on how to interpret the phrase “regularly scheduled committee meetings” as written in Arizona statute A.R.S. § 33-1804, which governs open meetings for planned communities.

The Homeowner’s Argument The petitioner, homeowner Gary Moselle, argued that when the Communications Committee of the Desert Mountain Master Association (DMMA) scheduled a meeting for September 6, 2017, it should be open to all members. His logic was simple: a meeting that is formally scheduled and placed on the calendar is, by any common-sense definition, a “regularly scheduled” meeting.

The HOA’s Counter-Argument The DMMA countered with a different interpretation. They argued that the phrase “regularly scheduled” implies a recurring, predictable pattern, such as meetings held monthly, quarterly, or on the third Thursday of every month. The association presented evidence that its Communications Committee met infrequently and without a set pattern, having convened only four times in 2016 and 2017. Because the meetings were sporadic, the HOA contended they were not “regularly scheduled” and therefore not subject to the open meeting law.

To bolster its case, the HOA added a second point: the committee’s work wasn’t essential to board business anyway. They noted that a recommendation from the committee was never acted upon by the board, suggesting the committee was not conducting “any actual business of the Board” and thus did not require the same level of transparency.

The Surprising Verdict Administrative Law Judge Tammy L. Eigenheer sided with the HOA. The final decision concluded that “regularly scheduled” refers to meetings that occur at regular intervals. This created a legal distinction: HOA committees that meet on a fixed, recurring schedule must be open, but those that meet on an as-needed basis may not be.

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2. A Law’s “Spirit” Can Be Trumped by Its “Letter”

Adding another layer to the case was the law’s own powerful statement about its intent. The petitioner pointed to a specific section of the statute designed to ensure transparency.

The Policy Statement The Arizona law contains a strong policy statement declaring that all HOA meetings should be conducted openly. It explicitly directs anyone interpreting the law to favor open meetings.

It is the policy of this state as reflected in this section that all meetings of a planned community… be conducted openly… Toward this end, any person or entity that is charged with the interpretation of these provisions… shall take into account this declaration of policy and shall construe any provision of this section in favor of open meetings.

The Legal Reasoning Despite this clear declaration, Judge Eigenheer ruled that a general policy statement does not override the specific and explicit language of the law. The statute does not say all committee meetings must be open; it says “regularly scheduled committee meetings” must be open. The judge concluded that this specific wording created a clear exception, and the broad policy in favor of transparency could not erase it.

The Impact This is a critical takeaway for understanding how laws are interpreted. This outcome reflects a fundamental principle of statutory construction: while the “spirit” or stated policy of a law provides guidance, it cannot override the plain meaning of the specific words—the “letter”—that the legislature chose to write.

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3. A Cautionary Tale: How a Petitioner Undermined His Own Case

The petitioner was granted a rehearing, giving him another chance to argue his case. However, a statement he made during his own testimony dramatically weakened his position.

The Key Testimony During the rehearing on April 20, 2018, the petitioner was asked about other committees within the DMMA. In explaining how they operated, he unintentionally adopted the very definition of “regularly scheduled” that the HOA was using against him. The judge recorded his exact words in the final decision:

…five of the committees listed in the Volunteer Request page “meet at the request of the chair and they’re not regularly scheduled.”

The Consequence The judge seized on this admission in the final ruling. The decision notes that while “regularly scheduled” could have multiple meanings, the petitioner himself used the phrase to differentiate between committees that meet at fixed intervals and those that do not. By describing committees that “meet at the request of the chair” as being “not regularly scheduled,” he validated the very interpretation the court was now adopting.

The Lesson This moment serves as a dramatic lesson in the power and precision of language in legal proceedings. In an attempt to describe the function of other committees, the petitioner inadvertently validated his opponent’s core legal argument.

——————————————————————————–

Conclusion: A Question of Transparency

The ruling in Moselle v. Desert Mountain Master Association clarifies a significant point in HOA governance. Under this legal interpretation, committees that meet on an ad-hoc basis or “at the call of the chair” may not be subject to open meeting laws. Only those committees that meet on a fixed, recurring schedule are explicitly required to be open to homeowners.

This ruling draws a bright line between standing committees with fixed schedules and ad-hoc committees that meet “at the call of the chair.” Homeowners should now ask: Which of our committees fall into this second category, and are we comfortable with decisions being shaped behind closed doors?


Case Participants

Petitioner Side

  • Gary W. Moselle (petitioner)
    Appeared on his own behalf

Respondent Side

  • Desert Mountain Master Association (respondent)
    Organizational party (HOA)
  • Curtis Ekmark (respondent attorney)
    CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
  • Charles Markle (respondent attorney)
    CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
  • LDettorre (agency staff)
    Arizona Department of Real Estate
    Recipient of order
  • AHansen (agency staff)
    Arizona Department of Real Estate
    Recipient of order
  • djones (agency staff)
    Arizona Department of Real Estate
    Recipient of order
  • DGardner (agency staff)
    Arizona Department of Real Estate
    Recipient of order
  • ncano (agency staff)
    Arizona Department of Real Estate
    Recipient of order

Other Participants

  • Felicia Del Sol (unknown)
    Transmitting staff/clerk

Gary W. Moselle vs. Desert Mountain Master Association

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

Case Summary

Case ID 18F-H1817005-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2018-05-10
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Gary W. Moselle Counsel
Respondent Desert Mountain Master Association Counsel Curtis Ekmark

Alleged Violations

A.R.S. § 33-1804

Outcome Summary

The Administrative Law Judge denied the petition, ruling that the DMMA Communication Committee was not subject to the open meetings law (A.R.S. § 33-1804) because it did not hold 'regularly scheduled meetings',,,.

Why this result: The committee met too infrequently and without regular intervals to be deemed 'regularly scheduled' for the purposes of A.R.S. § 33-1804(A),,.

Key Issues & Findings

Whether a Communications Committee meeting must be open to members under the open meetings law.

Petitioner alleged that Respondent violated the open meetings statute by closing the September 6, 2017 meeting of the Communications Committee. The issue was whether this committee constituted a 'regularly scheduled committee meeting' subject to A.R.S. § 33-1804(A),,,,.

Orders: Petitioner's petition was denied. The Administrative Law Judge concluded that the DMMA Communication committee did not hold 'regularly scheduled' meetings, meaning it was not subject to the open meetings law under A.R.S. § 33-1804,,,.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1804
  • A.R.S. Title 33, Chapter 16
  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119
  • BLACK'S LAW DICTIONARY 1182 (6th ed. 1990)
  • State ex rel. Thomas v. Contes, 216 Ariz. 525, 527, 169 P.3d 115, 117 (App. 2007)
  • Marsoner v. Pima County, 166 Ariz. 486, 488, 803 P.2d 897, 899 (1991)

Analytics Highlights

Topics: HOA, Open Meetings Law, Committee Meetings, Statutory Interpretation, Planned Community
Additional Citations:

  • A.R.S. § 33-1804
  • A.R.S. Title 33, Chapter 16, Sections 33-1801 to 33-1818
  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119
  • State ex rel. Thomas v. Contes, 216 Ariz. 525, 527, 169 P.3d 115, 117 (App. 2007)
  • Marsoner v. Pima County, 166 Ariz. 486, 488, 803 P.2d 897, 899 (1991)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Video Overview

Audio Overview

Decision Documents

18F-H1817005-REL-RHG Decision – 634096.pdf

Uploaded 2025-10-09T03:32:03 (106.4 KB)

18F-H1817005-REL-RHG Decision – ../18F-H1817005-REL/605190.pdf

Uploaded 2026-01-20T13:45:58 (77.0 KB)





Briefing Doc – 18F-H1817005-REL-RHG


Briefing on the Moselle v. Desert Mountain Master Association Case

Executive Summary

This document synthesizes two Administrative Law Judge Decisions regarding a dispute between homeowner Gary W. Moselle (Petitioner) and the Desert Mountain Master Association (DMMA or Respondent). The core of the case, No. 18F-H1817005-REL, is the legal interpretation of the phrase “regularly scheduled committee meetings” as it appears in Arizona’s open meeting statute for planned communities, A.R.S. § 33-1804.

The conflict arose when the DMMA Communications Committee held a closed meeting on September 6, 2017, which Mr. Moselle was barred from attending. He contended this violated the statute’s open meeting requirements. The DMMA argued the committee was exempt because its meetings were infrequent and not held at fixed intervals.

In two separate decisions—an initial ruling on December 7, 2017, and a second after a rehearing on May 10, 2018—Administrative Law Judge Tammy L. Eigenheer consistently ruled in favor of the DMMA. The judge concluded that “regularly scheduled” applies to meetings that occur at regular, predictable intervals (e.g., monthly, quarterly). Since the Communications Committee met only four times in two years without a set schedule, it was not subject to the open meeting law. The judge determined that the statute’s general policy favoring openness does not override its more specific provisions. Ultimately, the petitioner’s petition was denied.

Case Background and Timeline

The dispute proceeded through the Arizona Department of Real Estate and the Office of Administrative Hearings, culminating in a definitive ruling after a granted rehearing.

September 1, 2017

Gary W. Moselle files a petition with the Arizona Department of Real Estate, alleging DMMA violated open meeting laws.

September 6, 2017

The DMMA Communications Committee holds a closed meeting, which Mr. Moselle is not permitted to attend.

September 18, 2017

DMMA files an answer denying all allegations.

November 17, 2017

An initial hearing is conducted before Administrative Law Judge (ALJ) Tammy L. Eigenheer.

December 7, 2017

The ALJ issues a decision denying Mr. Moselle’s petition.

January 4, 2018

Mr. Moselle files a request for rehearing, citing “newly discovered material evidence” and arguing the decision was contrary to law.

January 26, 2018

The Department of Real Estate grants the request for a rehearing.

April 20, 2018

A rehearing is conducted before the ALJ.

May 10, 2018

The ALJ issues a final decision after rehearing, again denying Mr. Moselle’s petition.

Core Legal Issue: Interpretation of A.R.S. § 33-1804

The central legal question was whether the DMMA Communications Committee was subject to the open meeting requirements mandated by Arizona Revised Statute § 33-1804. The resolution of the case hinged on the interpretation of specific language within the statute.

Relevant Statutory Provisions

A.R.S. § 33-1804(A): “Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association…”

A.R.S. § 33-1804(F): “It is the policy of this state as reflected in this section that all meetings of a planned community… be conducted openly… Toward this end, any person or entity that is charged with the interpretation of these provisions… shall take into account this declaration of policy and shall construe any provision of this section in favor of open meetings.”

Arguments Presented by the Parties

The petitioner and respondent presented starkly different interpretations of the phrase “regularly scheduled.”

Petitioner’s Position (Gary W. Moselle)

Definition of “Regularly Scheduled”: Mr. Moselle argued that “regularly scheduled” should be interpreted to mean a meeting scheduled in a “normal manner” or “ordinary fashion,” not necessarily one that recurs at fixed intervals.

Primacy of Openness Policy: He emphasized the policy statement in A.R.S. § 33-1804(F), asserting that the statute’s clear preference for open meetings should guide the interpretation of any ambiguous terms.

Arguments for Rehearing: In his request for a rehearing, Mr. Moselle cited newly discovered evidence (an email sent by the DMMA after the first hearing) and suggested the ALJ should evaluate whether the DMMA had misled the court regarding the Board’s actions on the committee’s recommendation.

Respondent’s Position (Desert Mountain Master Association)

Definition of “Regularly Scheduled”: DMMA contended that the phrase “regularly scheduled” plainly refers to meetings that occur at regular, predictable intervals, “such as on the third Thursday of every month, quarterly, or even annually.”

Evidence of Infrequent Meetings: As evidence, the DMMA testified that its Communications Committee met infrequently and without a fixed pattern, holding only four meetings in 2016 and 2017 (twice in April 2016, once in June 2017, and the contested meeting of September 6, 2017).

Lack of Board Action: The DMMA further argued that a recommendation from the committee to the Board of Directors was not acted upon, which it presented as evidence that the committee was not “conducting any actual business of the Board.”

Administrative Law Judge’s Analysis and Rulings

Across both decisions, the Administrative Law Judge (ALJ) provided a consistent legal analysis that ultimately favored the respondent’s interpretation of the statute.

Initial Decision (December 7, 2017)

• The ALJ concluded that the DMMA Communications Committee does not hold “regularly scheduled meetings.”

• Based on this finding, the committee was deemed not subject to the open meetings law.

• The decision to hold a closed meeting on September 6, 2017, was therefore ruled not to be a violation of A.R.S. § 33-1804.

• The petitioner’s petition was denied.

Decision After Rehearing (May 10, 2018)

Statutory Interpretation: The ALJ reaffirmed the conclusion that the “plain language” of A.R.S. § 33-1804(A) applies to meetings that “occur at regular intervals.” While acknowledging that “regularly scheduled” could have multiple meanings, the ALJ settled on this interpretation.

Policy vs. Specifics: The decision explicitly states that the general policy favoring open meetings in subsection (F) “does not override the specific provisions of A.R.S. § 33-1804(A) that only ‘regularly scheduled’ committee meetings must be open to the members.”

Petitioner’s Testimony: The ALJ noted that during the rehearing, Mr. Moselle’s own testimony on cross-examination appeared to support the court’s interpretation. When questioned about other DMMA committees, Mr. Moselle stated that five of them “meet at the request of the chair and they’re not regularly scheduled.”

Final Ruling: The ALJ again concluded that the DMMA Communication Committee did not hold “regularly scheduled” meetings at the time of the incident and was therefore not in violation of the statute. The petition was denied for a final time.

Final Disposition

The petition filed by Gary W. Moselle against the Desert Mountain Master Association was denied. The Administrative Law Judge’s order of May 10, 2018, issued after the rehearing, was declared binding on the parties. As per the final notice, any further appeal would require a party to seek judicial review in superior court within thirty-five days of the order.






Study Guide – 18F-H1817005-REL-RHG


Study Guide: Moselle v. Desert Mountain Master Association

This guide provides a comprehensive review of the administrative case between Gary W. Moselle (Petitioner) and the Desert Mountain Master Association (Respondent) concerning Arizona’s open meetings law for planned communities. It includes a short-answer quiz, an answer key, suggested essay questions, and a glossary of key terms.

Short-Answer Quiz

Instructions: Answer the following questions in two to three sentences, based on the information provided in the case documents.

1. Who were the primary parties in this case, and what were their respective roles?

2. What specific event on September 6, 2017, prompted the Petitioner to file his complaint?

3. What specific Arizona statute did the Petitioner allege the Respondent had violated?

4. What was the Respondent’s primary argument for why its Communications Committee was not subject to the open meetings law?

5. How did the Petitioner, Gary W. Moselle, interpret the key statutory phrase “regularly scheduled committee meetings”?

6. What evidence did the Respondent present regarding the frequency of the Communications Committee’s meetings in 2016 and 2017?

7. What is the “preponderance of the evidence” standard, and which party had the responsibility to meet it?

8. What was the Administrative Law Judge’s final conclusion regarding the meaning of “regularly scheduled” in the context of the statute?

9. On what grounds did the Petitioner successfully request a rehearing after the initial decision was issued on December 7, 2017?

10. How did the judge weigh the general policy statement in A.R.S. § 33-1804(F) against the specific language in A.R.S. § 33-1804(A)?

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Answer Key

1. The primary parties were Gary W. Moselle, the Petitioner, and the Desert Mountain Master Association (DMMA), the Respondent. Mr. Moselle was a homeowner who filed a petition against the DMMA, which is the homeowners association for the community.

2. The Petitioner filed his complaint after he was not allowed to attend a “closed” meeting of the DMMA Communications Committee that was held on September 6, 2017. He alleged this violated Arizona’s open meeting statute.

3. The Petitioner alleged that the Respondent had violated Arizona Revised Statute (A.R.S.) § 33-1804. This statute governs open meetings for planned communities, such as homeowners associations.

4. The Respondent argued that the Communications Committee did not meet at regular, established intervals and therefore its meetings were not “regularly scheduled” as required by the statute to be open. They also asserted that the committee’s recommendation was not acted upon by the Board, suggesting it was not conducting official business.

5. The Petitioner argued that “regularly scheduled” should be interpreted to mean a meeting that was scheduled in a normal or ordinary fashion. He asserted this interpretation was supported by the statute’s general policy favoring open meetings.

6. The Respondent provided testimony that the Communications Committee met infrequently and without a set interval, having held only four meetings in 2016 and 2017. These meetings occurred twice in April 2016, once in June 2017, and on September 6, 2017.

7. “Preponderance of the evidence” is the standard of proof requiring evidence to show that a fact is more probable than not. In this proceeding, the Petitioner, Gary W. Moselle, bore the burden of proving the Respondent’s violation by a preponderance of the evidence.

8. The Administrative Law Judge concluded that the plain language of the statute meant “regularly scheduled” referred to meetings that occur at regular intervals, such as monthly, quarterly, or annually. The judge rejected the Petitioner’s alternate interpretation.

9. The Petitioner was granted a rehearing by citing newly discovered material evidence (an email sent after the first hearing) and arguing the need to evaluate whether the Respondent had misled the judge. He also contended that the initial decision was contrary to law.

10. The judge acknowledged the state’s policy favoring open meetings as stated in subsection (F). However, the judge ruled that this general policy statement did not override the specific provision in subsection (A) that only “regularly scheduled” committee meetings are required to be open.

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Essay Questions

Instructions: The following questions are designed for longer, more analytical responses. Formulate an essay-style answer for each, drawing upon the facts, arguments, and legal reasoning presented in the case documents.

1. Analyze the conflicting interpretations of the phrase “regularly scheduled” as presented by the Petitioner and the Respondent. Discuss the principles of statutory construction used by the Administrative Law Judge to resolve this dispute and explain why one interpretation was favored over the other.

2. Examine the procedural history of this case, from the initial petition filed with the Arizona Department of Real Estate to the final order issued after the rehearing. What were the key legal steps, decisions, and turning points in the process?

3. Discuss the evidence presented by the Desert Mountain Master Association to support its case. How did testimony regarding meeting frequency and the Board’s actions on committee recommendations contribute to the final outcome?

4. Explain the legal relationship between A.R.S. § 33-1804(A) and A.R.S. § 33-1804(F). Based on the judge’s decision, what is the hierarchy between a statute’s specific provisions and its general policy declarations?

5. During the rehearing, the Petitioner’s own testimony about other committees was noted by the Administrative Law Judge. Explain this apparent contradiction in the Petitioner’s argument and discuss its potential impact on the case.

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An official who presides over administrative hearings, makes findings of fact and conclusions of law, and issues decisions on behalf of a government agency.

A.R.S. § 33-1804

The specific Arizona Revised Statute at the center of the dispute, which governs open meetings for planned communities and their boards of directors and committees.

Burden of Proof

The obligation of a party in a legal case to provide sufficient evidence to prove their allegations. In this case, the burden was on the Petitioner.

Conclusions of Law

The judge’s application of legal principles to the facts of the case to reach a decision.

Department of Real Estate

The Arizona state agency with jurisdiction to hear disputes between property owners and homeowners associations under A.R.S. § 32-2199 et seq.

Desert Mountain Master Association (DMMA)

The Respondent in the case; a homeowners association located in Scottsdale, Arizona, classified as a Planned Unit Development.

Findings of Fact

The determination of factual events made by a judge from the evidence presented in a trial or hearing.

Gary W. Moselle

The Petitioner in the case; a homeowner within the DMMA who filed the complaint.

Jurisdiction

The official power of a court or agency to hear a case and make legal decisions and judgments.

Open Meetings Law

A law, in this case A.R.S. § 33-1804, that requires meetings of certain entities to be open to all members or the public.

Petition

The formal written request filed with an administrative body or court to initiate a case.

Petitioner

The party who files a petition and initiates a legal action.

Planned Unit Development (PUD)

A type of real estate development and community governed by specific state laws, such as those in A.R.S. Title 33, Chapter 16.

Preponderance of the Evidence

The standard of proof in most civil and administrative cases, defined as evidence that is more convincing and shows a fact is more probable than not.

Rehearing

A second hearing of a case to reconsider the previous decision, typically granted due to new evidence or an argument of legal error.

Regularly Scheduled

The key statutory phrase in dispute. The judge interpreted it to mean meetings that occur at regular, established intervals (e.g., monthly, quarterly).

Respondent

The party against whom a petition is filed; the party defending against the complaint.

Statutory Construction

The process by which judges interpret and apply legislation. The primary goal is to ascertain the legislature’s intent, starting with the plain text of the statute.






Blog Post – 18F-H1817005-REL-RHG


Your HOA Committee Might Be Meeting in Secret—And It Could Be Perfectly Legal

As a homeowner in a planned community, you likely know you have the right to attend your HOA’s board of directors meetings. But what about the committee meetings? The finance, architectural, or communications committees often lay the critical groundwork for decisions that ultimately affect your property and fees. Do you have a right to observe their deliberations?

A recent legal case in Scottsdale, Arizona, hinged on the interpretation of a single, seemingly straightforward phrase and exposed a surprising rule about HOA transparency. The case, Moselle v. Desert Mountain Master Association, reveals critical lessons for any homeowner about the letter of the law and how it can sometimes create legal loopholes that allow committee meetings to happen behind closed doors.

——————————————————————————–

1. The Crucial Loophole: “Regularly Scheduled” Doesn’t Mean What You Think

The entire dispute rested on how to interpret the phrase “regularly scheduled committee meetings” as written in Arizona statute A.R.S. § 33-1804, which governs open meetings for planned communities.

The Homeowner’s Argument The petitioner, homeowner Gary Moselle, argued that when the Communications Committee of the Desert Mountain Master Association (DMMA) scheduled a meeting for September 6, 2017, it should be open to all members. His logic was simple: a meeting that is formally scheduled and placed on the calendar is, by any common-sense definition, a “regularly scheduled” meeting.

The HOA’s Counter-Argument The DMMA countered with a different interpretation. They argued that the phrase “regularly scheduled” implies a recurring, predictable pattern, such as meetings held monthly, quarterly, or on the third Thursday of every month. The association presented evidence that its Communications Committee met infrequently and without a set pattern, having convened only four times in 2016 and 2017. Because the meetings were sporadic, the HOA contended they were not “regularly scheduled” and therefore not subject to the open meeting law.

To bolster its case, the HOA added a second point: the committee’s work wasn’t essential to board business anyway. They noted that a recommendation from the committee was never acted upon by the board, suggesting the committee was not conducting “any actual business of the Board” and thus did not require the same level of transparency.

The Surprising Verdict Administrative Law Judge Tammy L. Eigenheer sided with the HOA. The final decision concluded that “regularly scheduled” refers to meetings that occur at regular intervals. This created a legal distinction: HOA committees that meet on a fixed, recurring schedule must be open, but those that meet on an as-needed basis may not be.

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2. A Law’s “Spirit” Can Be Trumped by Its “Letter”

Adding another layer to the case was the law’s own powerful statement about its intent. The petitioner pointed to a specific section of the statute designed to ensure transparency.

The Policy Statement The Arizona law contains a strong policy statement declaring that all HOA meetings should be conducted openly. It explicitly directs anyone interpreting the law to favor open meetings.

It is the policy of this state as reflected in this section that all meetings of a planned community… be conducted openly… Toward this end, any person or entity that is charged with the interpretation of these provisions… shall take into account this declaration of policy and shall construe any provision of this section in favor of open meetings.

The Legal Reasoning Despite this clear declaration, Judge Eigenheer ruled that a general policy statement does not override the specific and explicit language of the law. The statute does not say all committee meetings must be open; it says “regularly scheduled committee meetings” must be open. The judge concluded that this specific wording created a clear exception, and the broad policy in favor of transparency could not erase it.

The Impact This is a critical takeaway for understanding how laws are interpreted. This outcome reflects a fundamental principle of statutory construction: while the “spirit” or stated policy of a law provides guidance, it cannot override the plain meaning of the specific words—the “letter”—that the legislature chose to write.

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3. A Cautionary Tale: How a Petitioner Undermined His Own Case

The petitioner was granted a rehearing, giving him another chance to argue his case. However, a statement he made during his own testimony dramatically weakened his position.

The Key Testimony During the rehearing on April 20, 2018, the petitioner was asked about other committees within the DMMA. In explaining how they operated, he unintentionally adopted the very definition of “regularly scheduled” that the HOA was using against him. The judge recorded his exact words in the final decision:

…five of the committees listed in the Volunteer Request page “meet at the request of the chair and they’re not regularly scheduled.”

The Consequence The judge seized on this admission in the final ruling. The decision notes that while “regularly scheduled” could have multiple meanings, the petitioner himself used the phrase to differentiate between committees that meet at fixed intervals and those that do not. By describing committees that “meet at the request of the chair” as being “not regularly scheduled,” he validated the very interpretation the court was now adopting.

The Lesson This moment serves as a dramatic lesson in the power and precision of language in legal proceedings. In an attempt to describe the function of other committees, the petitioner inadvertently validated his opponent’s core legal argument.

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Conclusion: A Question of Transparency

The ruling in Moselle v. Desert Mountain Master Association clarifies a significant point in HOA governance. Under this legal interpretation, committees that meet on an ad-hoc basis or “at the call of the chair” may not be subject to open meeting laws. Only those committees that meet on a fixed, recurring schedule are explicitly required to be open to homeowners.

This ruling draws a bright line between standing committees with fixed schedules and ad-hoc committees that meet “at the call of the chair.” Homeowners should now ask: Which of our committees fall into this second category, and are we comfortable with decisions being shaped behind closed doors?


Case Participants

Petitioner Side

  • Gary W. Moselle (petitioner)
    Appeared on his own behalf

Respondent Side

  • Desert Mountain Master Association (respondent)
    Organizational party (HOA)
  • Curtis Ekmark (respondent attorney)
    CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
  • Charles Markle (respondent attorney)
    CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
  • LDettorre (agency staff)
    Arizona Department of Real Estate
    Recipient of order
  • AHansen (agency staff)
    Arizona Department of Real Estate
    Recipient of order
  • djones (agency staff)
    Arizona Department of Real Estate
    Recipient of order
  • DGardner (agency staff)
    Arizona Department of Real Estate
    Recipient of order
  • ncano (agency staff)
    Arizona Department of Real Estate
    Recipient of order

Other Participants

  • Felicia Del Sol (unknown)
    Transmitting staff/clerk

Rex E. Duffett vs. Suntech Patio Homes Homeowners Association (ROOT)

Case Summary

Case ID 18F-H1818025-REL / 18F-H1818027-REL
Agency ADRE
Tribunal OAH
Decision Date 2018-04-24
Administrative Law Judge Tammy L. Eigenheer
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Rex E. Duffett Counsel
Respondent Suntech Patio Homes Homeowners Association Counsel Nathan Tennyson

Alleged Violations

CC&Rs
A.R.S. § 33-1805(A)

Outcome Summary

Petitioner won the statutory claim regarding access to association documents (A.R.S. § 33-1805(A)) and was refunded the $500 filing fee. Petitioner lost the claim regarding the failure to maintain exterior walls (CC&Rs) due to insufficient evidence.

Why this result: Petitioner failed to prove the maintenance issue by a preponderance of the evidence (for case 18F-H1818025-REL).

Key Issues & Findings

Failure to repair and maintain exterior walls

Petitioner alleged the HOA failed to repair damage (crack) to the exterior wall of his unit as required by the CC&Rs. The ALJ found that Petitioner failed to present sufficient evidence (black and white photographs did not clearly show the damage) to establish a violation.

Orders: Petitioner's petition in Case Number 18F-H1818025-REL is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • CC&Rs
  • 5
  • 17

Failure to provide requested association records

Petitioner requested meeting notices and minutes in December 2017. Respondent's former management company failed to respond in a timely fashion. Petitioner established by a preponderance of the evidence that Respondent violated the statute.

Orders: Petitioner deemed the prevailing party in Case Number 18F-H1818027-REL. Respondent ordered to comply with A.R.S. § 33-1805(A) in the future and pay Petitioner the filing fee of $500.00.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805(A)
  • 19
  • 20
  • 21
  • 22

Analytics Highlights

Topics: HOA, Document Request, Records Disclosure, Maintenance, CC&Rs, Filing Fee Refund
Additional Citations:

  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119
  • A.R.S. § 33-1805(A)
  • CC&Rs

Video Overview

Audio Overview

Decision Documents

18F-H1818025-REL Decision – 630610.pdf

Uploaded 2025-10-09T03:32:28 (114.0 KB)





Briefing Doc – 18F-H1818025-REL


Administrative Hearing Brief: Duffett vs. Suntech Patio Homes HOA

Executive Summary

This briefing document analyzes the Administrative Law Judge Decision in two consolidated cases filed by homeowner Rex E. Duffett against the Suntech Patio Homes Homeowners Association (HOA). The ruling presents a split decision, with the petitioner prevailing on one claim while failing to provide sufficient evidence for the other.

The first petition, concerning the HOA’s alleged failure to repair exterior walls, was denied. The petitioner failed to meet the burden of proof, as the submitted photographic evidence was unclear and did not sufficiently establish the existence or severity of the damage requiring immediate repair.

The second petition, concerning the HOA’s failure to provide association records upon request, was upheld. The judge found that the HOA, through its former management company, violated state law (A.R.S. § 33-1805(A)) by not responding to a formal document request within the mandated ten-business-day window.

As a result, Mr. Duffett was deemed the prevailing party in the records-request case. The HOA was ordered to pay his $500 filing fee and to ensure future compliance with the relevant statutes. The case highlights critical issues of evidence quality in homeowner disputes and demonstrates the legal liability an HOA retains for the failures of its management agents, particularly during periods of transition.

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Case Overview

Case Numbers

18F-H1818025-REL and 18F-H1818027-REL (Consolidated)

Petitioner

Rex E. Duffett

Respondent

Suntech Patio Homes Homeowners Association

Hearing Date

April 4, 2018

Decision Date

April 24, 2018

Presiding Judge

Administrative Law Judge Tammy L. Eigenheer

The hearing addressed two separate petitions filed by Rex E. Duffett with the Arizona Department of Real Estate:

1. Petition 1 (18F-H1818025-REL): Alleged the HOA violated community CC&Rs by failing to repair exterior walls of the petitioner’s unit.

2. Petition 2 (18F-H1818027-REL): Alleged the HOA violated A.R.S. § 33-1805(A) by failing to provide requested documents.

Petition 1: Failure to Repair Exterior Walls (Denied)

Petitioner’s Allegations and Evidence

Core Claim: The petitioner alleged the HOA failed its duty, as defined by a March 1993 amendment to the CC&Rs, to maintain the exterior walls of his unit. The CC&Rs state, “The Suntech Patio Homeowners Association shall be responsible for the painting and maintenance of the following: A) Exterior walls of all units . . . .”

Initial Request (July 14, 2017): Mr. Duffett faxed the HOA’s management company, The Management Trust, stating, “While inspecting the outside of my property I noticed a crack in the exterior wall. Please inspect, repair and paint the wall as soon as possible to prevent any damage which could result from rain water in the interior of the wall.”

Follow-Up Request (August 21, 2017): In a certified letter, Mr. Duffett provided more detail, identifying a crack in the entryway wall allowing “rain water to seep into the interior wall,” a “bare concrete” area on the garage, and a previously cracked garage wall that had been repaired by a roofing company but not painted.

Hearing Testimony: Mr. Duffett testified that a roofing company he hired to find a leak in his garage ceiling determined the source was not the roof but a crack in the exterior wall.

Submitted Evidence: The petitioner submitted five black-and-white photographs of his home’s exterior across his two communications.

Respondent’s Position and Evidence

Management Transition: Pride Community Management took over from The Management Trust on February 1, 2018. The new manager, Rebecca Stowers, and owner, Frank Peake, testified to a difficult transition where The Management Trust initially provided only one box of records, later discovering seven or eight more boxes in storage. Mr. Peake stated that Pride had not seen the petitioner’s communications regarding the damage until the hearing.

Inspection: Ms. Stowers testified that she inspected the petitioner’s home on March 27, 2018. While she noted “a missing area of stucco on the front of the garage that needed to be repaired,” she “denied being able to identify a crack in the stucco anywhere else on the front of the house.”

Community-Wide Repair Plan: Ms. Stowers stated that the HOA intended to repair the stucco and paint all exterior walls in the community during the 2018 calendar year at a projected cost of $46,000, to be funded potentially through a special assessment due to the HOA being underfunded.

Conclusion of Law and Ruling

Burden of Proof: The Administrative Law Judge (ALJ) determined that the petitioner bore the burden of proving his claim by a preponderance of the evidence.

Evidence Failure: The ALJ found the submitted evidence insufficient. The decision states: “The black and white photographs submitted at hearing did not clearly show the crack Petitioner alleged existed on the exterior wall of his unit… The Administrative Law Judge was unable to identify the location or severity of the alleged crack, and therefore, cannot conclude that such a crack exists and/or that it is necessary to be repaired immediately.”

Final Ruling: The petitioner failed to meet his burden of proof. The petition in Case Number 18F-H1818025-REL was denied.

Petition 2: Failure to Provide Association Records (Upheld)

Petitioner’s Allegations and Evidence

Core Claim: The petitioner alleged that the HOA violated A.R.S. § 33-1805(A), which requires an association to fulfill a request for records within ten business days.

The Request (December 22, 2017): Mr. Duffett faxed The Management Trust a request for specific documents, citing a statement made by the HOA in a separate case. He requested copies of:

◦ Meeting notices and minutes for all meetings where “rules and regulations were discussed” in August/September 2017.

◦ Meeting notices and minutes for meetings where the last HOA dues increase was discussed.

◦ A copy of the notice for the last association rate increase.

Respondent’s Position and Evidence

Lack of Awareness: The HOA’s initial response on January 29, 2018, indicated it had only become aware of the request upon receiving notice of the petition. The current management company, Pride, testified they had not seen the original communication from the petitioner.

Vagueness of Request: Frank Peake of Pride testified that the request for minutes of meetings “where the rules and regulations were discussed” was unclear “because rules and regulations are discussed in some form at virtually every meeting of the association.”

Claim of Privilege: The initial response from The Management Trust on January 29, 2018, claimed that the requested minutes were for “closed executive meetings and were only available to Board members.”

Conclusion of Law and Ruling

Statutory Violation: The ALJ concluded that the petitioner clearly made a request for documents and that the HOA, via its former management company, failed to act as required by law.

Failure of Former Management: The decision explicitly faults the prior management company: “The Management Trust should have responded or requested additional clarification of what documents Petitioner was requesting as it was the management company during the ten day window Respondent had to respond pursuant to the statute.”

Final Ruling: The petitioner successfully established by a preponderance of the evidence that the HOA violated A.R.S. § 33-1805(A). Mr. Duffett was deemed the prevailing party in Case Number 18F-H1818027-REL.

Final Order and Implications

The Administrative Law Judge issued the following orders based on the conclusions of law:

Case Number

Subject

Ruling

18F-H1818025-REL

Exterior Wall Repairs

Petition Denied

18F-H1818027-REL

Document Request

Petitioner Deemed Prevailing Party

Directives to the Respondent (Suntech Patio Homes HOA):

1. Future Compliance: The HOA must comply with the provisions of A.R.S. § 33-1805(A) going forward.

2. Payment of Filing Fee: The HOA must pay the petitioner his filing fee of $500.00 within thirty (30) days of the order.

This order is considered binding on the parties unless a rehearing is granted.






Study Guide – 18F-H1818025-REL


Study Guide: Duffett v. Suntech Patio Homes HOA

This guide provides a comprehensive review of the Administrative Law Judge Decision in the consolidated cases of Rex E. Duffett v. Suntech Patio Homes Homeowners Association, Case Numbers 18F-H1818025-REL and 18F-H1818027-REL. The decision, issued by the Arizona Office of Administrative Hearings, addresses two separate petitions filed by a homeowner against his Homeowners Association (HOA), one concerning property maintenance and the other concerning access to association records.

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Quiz: Short-Answer Questions

Instructions: Answer the following questions in 2-3 complete sentences, drawing all information directly from the case decision.

1. Who were the primary parties in this administrative hearing, and what were their respective roles?

2. What were the two distinct allegations made by the Petitioner in the petitions that were consolidated for this hearing?

3. According to the community’s governing documents (CC&Rs), what specific responsibility did the HOA have regarding the exterior of residential units?

4. On what grounds did the Administrative Law Judge rule against the Petitioner in his claim for wall repairs (Case No. 18F-H1818025-REL)?

5. What specific Arizona statute did the Petitioner claim the HOA violated in his second petition regarding access to records (Case No. 18F-H1818027-REL)?

6. Describe the roles and performance of the two management companies, The Management Trust and Pride Community Management, as detailed in the hearing evidence.

7. What was the final outcome of the petition concerning the HOA’s failure to provide documents, and who was named the prevailing party?

8. What specific types of documents did the Petitioner request from the HOA in his fax dated December 22, 2017?

9. What was the legal standard of proof the Petitioner was required to meet, and for which petition did he successfully meet it?

10. What financial penalty was imposed upon the Respondent as part of the final Order?

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Answer Key

1. The Petitioner was Rex E. Duffett, a homeowner who filed the petitions. The Respondent was the Suntech Patio Homes Homeowners Association, the entity Mr. Duffett alleged had violated community rules and state law.

2. The first petition alleged that the HOA violated the CC&Rs by failing to respond to repeated requests for repairs to the exterior walls of his unit. The second petition alleged the HOA violated A.R.S. § 33-1805(A) by failing to provide requested association documents.

3. A March 1993 amendment to the CC&Rs states that the Suntech Patio Homeowners Association “shall be responsible for the painting and maintenance of the… Exterior walls of all units.”

4. The judge ruled against the Petitioner because he failed to establish his claim by a preponderance of the evidence. The black and white photographs submitted did not clearly show the alleged crack’s location or severity, so the judge could not conclude that a repair was immediately necessary.

5. The Petitioner claimed the HOA violated A.R.S. § 33-1805(A). This statute requires an association to make records reasonably available for examination and to provide copies of requested records within ten business days.

6. The Management Trust was the HOA’s management company when the incidents occurred and failed to properly respond to the Petitioner’s requests. Pride Community Management took over on February 1, 2018, and testified that the transition was difficult due to the sparse documentation initially provided by The Management Trust.

7. The judge ruled in favor of the Petitioner, deeming him the prevailing party in Case Number 18F-H1818027-REL. The judge ordered the HOA to comply with the applicable statute in the future.

8. The Petitioner requested copies of meeting notices and minutes for meetings where rules and regulations were discussed and where the last HOA dues increase was discussed. He also requested a copy of the notice of the last rate increase and any associated signed written consents.

9. The legal standard was “preponderance of the evidence,” defined as evidence with the most convincing force. The Petitioner failed to meet this standard for the wall repair petition but successfully met it for the document request petition.

10. The Respondent (HOA) was ordered to pay the Petitioner his filing fee of $500.00. The payment was to be made directly to the Petitioner within thirty days of the Order.

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Suggested Essay Questions

Instructions: The following questions are designed for a more in-depth analysis of the case. Formulate a response using only the information and evidence presented in the provided decision.

1. Analyze the concept of “preponderance of the evidence” as it is defined and applied in this case. How did the quality of evidence submitted by the Petitioner lead to two different outcomes for his two petitions?

2. Discuss the role and responsibilities of a homeowners association’s management company, using the actions of The Management Trust and the subsequent challenges faced by Pride Community Management as primary examples. How did the transition between these two companies impact the case?

3. Evaluate the Respondent’s arguments and actions in both petitions. In the wall repair case, what was their stated plan, and why was it ultimately not considered by the judge? In the document request case, what was their defense, and why did it fail?

4. Based on the text of A.R.S. § 33-1805(A), explain the specific obligations of an HOA regarding member requests for records. Detail how the Suntech Patio Homes HOA, through its management, failed to meet these obligations, leading to the ruling against them.

5. Examine the communication breakdown between the Petitioner and the Respondent. Citing specific examples from the “Findings of Fact” and “Hearing Evidence” sections, explain how miscommunication and lack of timely response exacerbated the conflict.

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An official who presides over administrative hearings, weighs evidence, and issues a legally binding decision. In this case, the ALJ was Tammy L. Eigenheer.

A.R.S. § 33-1805(A)

An Arizona Revised Statute that legally requires homeowners associations to make financial and other records available for member examination and to provide copies upon request within ten business days.

A.R.S. § 32-2199 et seq.

The section of the Arizona Revised Statutes that grants jurisdiction to the Arizona Department of Real Estate to hear disputes between homeowners and their associations.

Conditions, Covenants and Restrictions (CC&Rs)

The governing legal documents that establish the rules, obligations, and restrictions for a planned community and its homeowners association.

Consolidated for Hearing

A procedural step where two or more separate legal cases involving the same parties are combined into a single hearing for efficiency.

Department

Within the context of this case, refers to the Arizona Department of Real Estate, the state agency where the Petitioner initially filed his petitions.

The final, legally binding ruling issued by the Administrative Law Judge at the conclusion of the hearing.

Petitioner

The party who initiates a legal action by filing a petition. In this case, homeowner Rex E. Duffett.

Preponderance of the Evidence

The standard of proof required in this proceeding. It is met when the evidence presented has “the most convincing force” and is more likely true than not.

Prevailing Party

The party who is found to have won the legal dispute. The Petitioner was deemed the prevailing party in the document request case.

Respondent

The party against whom a petition is filed and who must respond to the allegations. In this case, the Suntech Patio Homes Homeowners Association.






Blog Post – 18F-H1818025-REL


A Homeowner Sued His HOA Over a Cracked Wall. He Lost Because of Bad Photocopies.

Introduction: The David vs. Goliath Battle Against Your HOA

For many homeowners, a dispute with their Homeowners Association (HOA) can feel like an uphill battle. It’s a common story of frustration, complex rules, and feeling unheard. The legal case of Rex E. Duffett versus the Suntech Patio Homes HOA is a perfect example, but with a twist. This isn’t just a story about winning or losing; it’s a fascinating cautionary tale filled with surprising lessons for any homeowner navigating a conflict with their association. This breakdown of the real-life administrative court decision reveals the unexpected details that can make or break a case.

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1. Takeaway #1: The Quality of Your Proof Matters More Than the Truth

The dispute began when Rex Duffett filed a petition alleging his HOA had failed to repair a crack in his exterior wall that he claimed was causing a water leak. According to the association’s own CC&Rs, maintaining exterior walls was the HOA’s responsibility. To document the problem, he diligently sent faxes and certified mail to the management company, including photographs of the damage.

Despite his efforts, the Administrative Law Judge denied his petition for repairs.

The reason was as surprising as it was simple: the evidence he submitted was not clear enough. The black and white copies of the photographs he provided at the hearing “did not clearly show any damage.” The judge’s finding was blunt and highlights a critical point for any legal dispute:

The Administrative Law Judge was unable to identify the location or severity of the alleged crack, and therefore, cannot conclude that such a crack exists and/or that it is necessary to be repaired immediately.

The lesson here is critical. In a legal dispute, having proof is not enough; the proof must be clear, convincing, and well-presented. Mr. Duffett’s primary case failed not because he was necessarily wrong, but because his evidence failed to persuade the judge. In an administrative hearing, a handful of high-resolution color photographs, or even a short video, would have provided irrefutable evidence and could have changed the entire outcome of his primary petition.

2. Takeaway #2: Your HOA is on the Hook for Its Management Company’s Failures

Mr. Duffett also filed a second petition against the HOA for failing to provide records he requested, such as meeting minutes. Under Arizona law (A.R.S. § 33-1805(A)), an association must fulfill such a request within ten business days. The HOA failed to do so.

The root of the problem was the HOA’s previous management company, “The Management Trust.” This company not only failed to respond to the homeowner’s request but also failed to notify the new management company about it. The relationship between the HOA and this vendor was so poor that the HOA had previously tried to terminate the contract, but the management company “refused to acknowledge the termination and held Respondent to the full two year contract.” The transition was chaotic; the old company initially provided only one box of information before later discovering “seven or eight more boxes” in storage.

Even though the management company was clearly at fault, the Judge ruled that the HOA violated the law. This provides a powerful insight for both boards and homeowners: an HOA cannot blame its vendors. Legally, the association is the responsible party. Hiring an incompetent or unresponsive management company creates significant legal and financial liability for the association and, by extension, every homeowner. This is not an abstract risk; in this case, the management company’s failure to forward a simple request directly led to a legal violation that cost the association—and thus, its members—the $500 filing fee ordered by the judge.

3. Takeaway #3: A “Win” Can Be More Complicated Than It Looks

When you look at the final outcome, Mr. Duffett’s case presents a nuanced picture of what a “win” really means in an HOA dispute. The judge issued a split decision:

Petition for Repairs: Denied. The homeowner lost.

Petition for Documents: The homeowner was deemed the “prevailing party.” He won.

As the prevailing party in the second petition, the homeowner received a clear victory. The judge ordered the HOA to comply with the document access law in the future and, crucially, to pay the homeowner back his $500 filing fee.

This highlights a common reality in legal disputes: a homeowner can secure a clear procedural victory (enforcing the right to documents and recovering fees) while simultaneously failing to achieve their core substantive goal (getting the wall repaired). The outcome shows that legal victories can be partial and may not address the real-world problem that initiated the dispute in the first place.

4. Takeaway #4: Vague Requests and Messy Records Create Chaos

This case is a masterclass in how poor communication from both sides can create a perfect storm of dysfunction.

First, the homeowner’s request for documents was “somewhat vague.” The new management company testified it was “unclear because rules and regulations are discussed in some form at virtually every meeting.” While the HOA still violated the law by failing to respond at all, this highlights a crucial lesson for homeowners: be as specific and clear as possible in all written communication to avoid ambiguity.

This vague request then ran headlong into the second problem: the HOA’s institutional chaos. The new Community Manager testified that the only relevant document they possessed was the minutes from a single meeting, and that “seven or eight more boxes” of records were missing after a disastrous transition between management companies. The homeowner’s ambiguous request met an organization that likely couldn’t have responded effectively even if it wanted to.

For both sides, meticulous documentation is a shield. For homeowners, a clear, specific, and undeniable paper trail strengthens their position. For HOA boards, organized records are essential for smooth operations, seamless transitions between management companies, and, most importantly, avoiding legal liability.

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Conclusion: The Devil is in the Details

The case of Duffett v. Suntech Patio Homes HOA is a powerful reminder that in legal disputes, the outcome often hinges on the small stuff. Small details—the quality of a photocopy, the precise wording of a request, the competence of a vendor, the location of a box of files—can have massive consequences. They can mean the difference between winning and losing, between getting a problem solved and walking away with only a partial victory.

This case shows how easily things can go wrong. The next time you’re in a dispute, what’s the one small detail you might be overlooking that could change everything?


Case Participants

Petitioner Side

  • Rex E. Duffett (petitioner)

Respondent Side

  • Nathan Tennyson (attorney)
    BROWN/OLCOTT, PLLC
  • Rebecca Stowers (property manager)
    Pride Community Management
    Community Manager
  • Frank Peake (property manager)
    Pride Community Management
    Owner of Pride
  • Shawn Mason (property manager)
    The Management Trust
    Former management company staff

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
  • LDettorre (ADRE staff)
    Arizona Department of Real Estate
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
  • djones (ADRE staff)
    Arizona Department of Real Estate
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
  • ncano (ADRE staff)
    Arizona Department of Real Estate
  • F. Del Sol (staff)
    Signed transmission document

Rex E. Duffett vs. Suntech Patio Homes Homeowners Association (ROOT)

Case Summary

Case ID 18F-H1818025-REL / 18F-H1818027-REL
Agency ADRE
Tribunal OAH
Decision Date 2018-04-24
Administrative Law Judge Tammy L. Eigenheer
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Rex E. Duffett Counsel
Respondent Suntech Patio Homes Homeowners Association Counsel Nathan Tennyson

Alleged Violations

CC&Rs
A.R.S. § 33-1805(A)

Outcome Summary

Petitioner won the statutory claim regarding access to association documents (A.R.S. § 33-1805(A)) and was refunded the $500 filing fee. Petitioner lost the claim regarding the failure to maintain exterior walls (CC&Rs) due to insufficient evidence.

Why this result: Petitioner failed to prove the maintenance issue by a preponderance of the evidence (for case 18F-H1818025-REL).

Key Issues & Findings

Failure to repair and maintain exterior walls

Petitioner alleged the HOA failed to repair damage (crack) to the exterior wall of his unit as required by the CC&Rs. The ALJ found that Petitioner failed to present sufficient evidence (black and white photographs did not clearly show the damage) to establish a violation.

Orders: Petitioner's petition in Case Number 18F-H1818025-REL is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • CC&Rs
  • 5
  • 17

Failure to provide requested association records

Petitioner requested meeting notices and minutes in December 2017. Respondent's former management company failed to respond in a timely fashion. Petitioner established by a preponderance of the evidence that Respondent violated the statute.

Orders: Petitioner deemed the prevailing party in Case Number 18F-H1818027-REL. Respondent ordered to comply with A.R.S. § 33-1805(A) in the future and pay Petitioner the filing fee of $500.00.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805(A)
  • 19
  • 20
  • 21
  • 22

Analytics Highlights

Topics: HOA, Document Request, Records Disclosure, Maintenance, CC&Rs, Filing Fee Refund
Additional Citations:

  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119
  • A.R.S. § 33-1805(A)
  • CC&Rs

Audio Overview

Decision Documents

18F-H1818025-REL Decision – 630610.pdf

Uploaded 2025-10-08T07:04:34 (114.0 KB)





Briefing Doc – 18F-H1818025-REL


Administrative Hearing Brief: Duffett vs. Suntech Patio Homes HOA

Executive Summary

This briefing document analyzes the Administrative Law Judge Decision in two consolidated cases filed by homeowner Rex E. Duffett against the Suntech Patio Homes Homeowners Association (HOA). The ruling presents a split decision, with the petitioner prevailing on one claim while failing to provide sufficient evidence for the other.

The first petition, concerning the HOA’s alleged failure to repair exterior walls, was denied. The petitioner failed to meet the burden of proof, as the submitted photographic evidence was unclear and did not sufficiently establish the existence or severity of the damage requiring immediate repair.

The second petition, concerning the HOA’s failure to provide association records upon request, was upheld. The judge found that the HOA, through its former management company, violated state law (A.R.S. § 33-1805(A)) by not responding to a formal document request within the mandated ten-business-day window.

As a result, Mr. Duffett was deemed the prevailing party in the records-request case. The HOA was ordered to pay his $500 filing fee and to ensure future compliance with the relevant statutes. The case highlights critical issues of evidence quality in homeowner disputes and demonstrates the legal liability an HOA retains for the failures of its management agents, particularly during periods of transition.

——————————————————————————–

Case Overview

Case Numbers

18F-H1818025-REL and 18F-H1818027-REL (Consolidated)

Petitioner

Rex E. Duffett

Respondent

Suntech Patio Homes Homeowners Association

Hearing Date

April 4, 2018

Decision Date

April 24, 2018

Presiding Judge

Administrative Law Judge Tammy L. Eigenheer

The hearing addressed two separate petitions filed by Rex E. Duffett with the Arizona Department of Real Estate:

1. Petition 1 (18F-H1818025-REL): Alleged the HOA violated community CC&Rs by failing to repair exterior walls of the petitioner’s unit.

2. Petition 2 (18F-H1818027-REL): Alleged the HOA violated A.R.S. § 33-1805(A) by failing to provide requested documents.

Petition 1: Failure to Repair Exterior Walls (Denied)

Petitioner’s Allegations and Evidence

Core Claim: The petitioner alleged the HOA failed its duty, as defined by a March 1993 amendment to the CC&Rs, to maintain the exterior walls of his unit. The CC&Rs state, “The Suntech Patio Homeowners Association shall be responsible for the painting and maintenance of the following: A) Exterior walls of all units . . . .”

Initial Request (July 14, 2017): Mr. Duffett faxed the HOA’s management company, The Management Trust, stating, “While inspecting the outside of my property I noticed a crack in the exterior wall. Please inspect, repair and paint the wall as soon as possible to prevent any damage which could result from rain water in the interior of the wall.”

Follow-Up Request (August 21, 2017): In a certified letter, Mr. Duffett provided more detail, identifying a crack in the entryway wall allowing “rain water to seep into the interior wall,” a “bare concrete” area on the garage, and a previously cracked garage wall that had been repaired by a roofing company but not painted.

Hearing Testimony: Mr. Duffett testified that a roofing company he hired to find a leak in his garage ceiling determined the source was not the roof but a crack in the exterior wall.

Submitted Evidence: The petitioner submitted five black-and-white photographs of his home’s exterior across his two communications.

Respondent’s Position and Evidence

Management Transition: Pride Community Management took over from The Management Trust on February 1, 2018. The new manager, Rebecca Stowers, and owner, Frank Peake, testified to a difficult transition where The Management Trust initially provided only one box of records, later discovering seven or eight more boxes in storage. Mr. Peake stated that Pride had not seen the petitioner’s communications regarding the damage until the hearing.

Inspection: Ms. Stowers testified that she inspected the petitioner’s home on March 27, 2018. While she noted “a missing area of stucco on the front of the garage that needed to be repaired,” she “denied being able to identify a crack in the stucco anywhere else on the front of the house.”

Community-Wide Repair Plan: Ms. Stowers stated that the HOA intended to repair the stucco and paint all exterior walls in the community during the 2018 calendar year at a projected cost of $46,000, to be funded potentially through a special assessment due to the HOA being underfunded.

Conclusion of Law and Ruling

Burden of Proof: The Administrative Law Judge (ALJ) determined that the petitioner bore the burden of proving his claim by a preponderance of the evidence.

Evidence Failure: The ALJ found the submitted evidence insufficient. The decision states: “The black and white photographs submitted at hearing did not clearly show the crack Petitioner alleged existed on the exterior wall of his unit… The Administrative Law Judge was unable to identify the location or severity of the alleged crack, and therefore, cannot conclude that such a crack exists and/or that it is necessary to be repaired immediately.”

Final Ruling: The petitioner failed to meet his burden of proof. The petition in Case Number 18F-H1818025-REL was denied.

Petition 2: Failure to Provide Association Records (Upheld)

Petitioner’s Allegations and Evidence

Core Claim: The petitioner alleged that the HOA violated A.R.S. § 33-1805(A), which requires an association to fulfill a request for records within ten business days.

The Request (December 22, 2017): Mr. Duffett faxed The Management Trust a request for specific documents, citing a statement made by the HOA in a separate case. He requested copies of:

◦ Meeting notices and minutes for all meetings where “rules and regulations were discussed” in August/September 2017.

◦ Meeting notices and minutes for meetings where the last HOA dues increase was discussed.

◦ A copy of the notice for the last association rate increase.

Respondent’s Position and Evidence

Lack of Awareness: The HOA’s initial response on January 29, 2018, indicated it had only become aware of the request upon receiving notice of the petition. The current management company, Pride, testified they had not seen the original communication from the petitioner.

Vagueness of Request: Frank Peake of Pride testified that the request for minutes of meetings “where the rules and regulations were discussed” was unclear “because rules and regulations are discussed in some form at virtually every meeting of the association.”

Claim of Privilege: The initial response from The Management Trust on January 29, 2018, claimed that the requested minutes were for “closed executive meetings and were only available to Board members.”

Conclusion of Law and Ruling

Statutory Violation: The ALJ concluded that the petitioner clearly made a request for documents and that the HOA, via its former management company, failed to act as required by law.

Failure of Former Management: The decision explicitly faults the prior management company: “The Management Trust should have responded or requested additional clarification of what documents Petitioner was requesting as it was the management company during the ten day window Respondent had to respond pursuant to the statute.”

Final Ruling: The petitioner successfully established by a preponderance of the evidence that the HOA violated A.R.S. § 33-1805(A). Mr. Duffett was deemed the prevailing party in Case Number 18F-H1818027-REL.

Final Order and Implications

The Administrative Law Judge issued the following orders based on the conclusions of law:

Case Number

Subject

Ruling

18F-H1818025-REL

Exterior Wall Repairs

Petition Denied

18F-H1818027-REL

Document Request

Petitioner Deemed Prevailing Party

Directives to the Respondent (Suntech Patio Homes HOA):

1. Future Compliance: The HOA must comply with the provisions of A.R.S. § 33-1805(A) going forward.

2. Payment of Filing Fee: The HOA must pay the petitioner his filing fee of $500.00 within thirty (30) days of the order.

This order is considered binding on the parties unless a rehearing is granted.


Debbie Westerman v. Bridgewood Townhomes

Case Summary

Case ID 18F-H1818028-REL
Agency ADRE
Tribunal OAH
Decision Date 2018-04-26
Administrative Law Judge Diane Mihalsky
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Debbie Westerman Counsel
Respondent Bridgewood Nine 30 Property Owners Association, Inc. aka Bridgewood Townhomes Counsel Mark E. Lines and R. Patrick Whelan

Alleged Violations

CC&R § 5(G)

Outcome Summary

The ALJ denied the petition, concluding the Respondent HOA did not unreasonably deny the Petitioner's architectural request. The HOA's standard specification requiring 4” x 8” x 16” CMU blocks for courtyard walls was found to be reasonable for maintaining architectural continuity consistent with the original Al Beadle design of the community.

Why this result: Petitioner failed to prove that the HOA's denial was unreasonable or that the specified 4” x 8” x 16” CMU block was inferior to the 8” x 8” x 16” CMU block she requested, and compliance with the HOA's reasonable specifications was required.

Key Issues & Findings

Unreasonable denial of architectural request to build a courtyard wall

Petitioner alleged the HOA violated CC&R § 5(G) by unreasonably denying her request to construct a courtyard wall using 8” x 8” x 16” CMU blocks, which did not comply with the HOA's Wall Construction Specifications & Conditions requiring 4” x 8” x 16” CMU blocks.

Orders: Petition denied because Petitioner failed to establish that CC&R § 5(G) required the Respondent to approve her Architectural Request which did not comply with Respondent’s Wall Construction Specifications & Conditions.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • 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. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • CC&R § 5(G)
  • CC&R § 7(B)
  • CC&R § 5(J)

Analytics Highlights

Topics: HOA, CC&R, Architectural Review, Wall Construction, CMU block, Architectural Standard
Additional Citations:

  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • 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. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Video Overview

Audio Overview

Decision Documents

18F-H1818028-REL Decision – 631265.pdf

Uploaded 2025-10-09T03:32:31 (161.6 KB)





Briefing Doc – 18F-H1818028-REL


Briefing Document: Westerman v. Bridgewood Townhomes HOA (Case No. 18F-H1818028-REL)

Executive Summary

This document synthesizes the findings and decision in the case of Debbie Westerman versus the Bridgewood Nine 30 Property Owners Association, Inc. (HOA). The central conflict involved the HOA’s denial of Ms. Westerman’s architectural request to construct a courtyard wall using 8” x 8” x 16” concrete masonry unit (CMU) blocks, which deviated from the association’s established standard of 4” x 8” x 16” CMU blocks.

The Administrative Law Judge (ALJ) ultimately denied the petitioner’s claim, ruling in favor of the HOA. The decision rested on the finding that the HOA’s architectural standards were reasonable and established to maintain the community’s original design integrity. The petitioner failed to meet the burden of proof required to show that the HOA’s denial was unreasonable or that the specified building materials were in any significant way inferior. The HOA successfully argued that its “Wall Construction Specifications & Conditions,” in place since 2005, were created to preserve the architectural continuity of the original “Al Beadle design” and have been consistently applied to numerous other homeowner projects.

1. Case Overview and Core Dispute

Parties:

Petitioner: Debbie Westerman, owner of condominium unit 31 in Bridgewood Townhomes.

Respondent: Bridgewood Nine 30 Property Owners Association, Inc. (also known as Bridgewood Townhomes).

Jurisdiction: The case was heard by the Arizona Office of Administrative Hearings following a petition filed with the Arizona Department of Real Estate on January 23, 2018.

Core Allegation: The petitioner alleged that the HOA violated its Covenants, Conditions, and Restrictions (CC&Rs) § 5(G) by unreasonably denying her request to build a courtyard wall with 8” x 8” x 16” CMU blocks. The HOA’s established specification required the use of 4” x 8” x 16” CMU blocks.

2. Chronology of the Dispute

The key events leading to the administrative hearing occurred between October 2017 and January 2018.

Oct 25, 2017

Michael Brubaker, the HOA Board President, emailed the petitioner with the association’s “Wall Construction Specifications & Conditions.”

Oct 25, 2017

The petitioner submitted an Architectural Request to build a wall with 8″ x 8″ x 16″ CMU blocks, acknowledging the deviation from specifications.

Oct 25, 2017

Mr. Brubaker sent a follow-up email cautioning the petitioner not to pre-order non-conforming materials as her request was not yet approved.

Nov 29, 2017

Mr. Brubaker emailed the petitioner, acknowledging her request as “extraordinary” and stating the Board would need to meet to consider it.

Dec 28, 2017

The petitioner was formally notified of a Board meeting scheduled for January 2, 2018, to review her request.

Jan 2, 2018

The petitioner attended the Board meeting. The Board unanimously rejected her request because it was contrary to the established specifications and “the historical aspects of our compliance structure.” The Board noted its willingness to approve a compliant wall, but the petitioner “stated that she [was] unwilling to comply.”

Jan 8, 2018

The HOA’s attorney sent a letter to the petitioner summarizing the legal basis for the denial.

Jan 23, 2018

The petitioner filed her formal petition with the Arizona Department of Real Estate.

3. Petitioner’s Arguments and Evidence (Debbie Westerman)

The petitioner’s case was built on three main arguments: the superiority of her proposed materials, the inconsistency of community standards, and the questionable validity of the HOA’s rules.

Material Superiority: The petitioner claimed her proposed 8” x 8” x 16” blocks were stronger, less expensive, and visually identical to the required blocks.

Evidence: She testified that three different contractors advised her that the larger blocks would be cheaper due to needing fewer units and less mortar.

Evidence: Her subcontractor, Richard Ross, testified that using twice as many blocks (as required by the 4″ specification) “doubles the chance of the wall failing.”

Inconsistent Community Standards: The petitioner argued that the HOA did not enforce a uniform aesthetic, negating the need for strict adherence to the block size specification.

Evidence: She submitted photographs (Exhibits A5, A6) of walls at units 34 and 38, owned by Board President Michael Brubaker, which she claimed were built with larger blocks visible through stucco.

Evidence: She submitted a photograph (Exhibit A11) showing courtyard walls of different heights, although wall height was not the subject of her dispute.

Questionable Rule Authenticity: At the hearing, the petitioner challenged the validity of the “Wall Construction Specifications & Conditions” document itself.

Argument: She argued the document was not authentic because the HOA did not produce the official Board meeting minutes from 2005 when the rules were allegedly adopted. This challenge was raised for the first time at the hearing.

4. Respondent’s Arguments and Evidence (Bridgewood HOA)

The HOA’s defense was centered on its legal authority, the reasonableness of its established architectural standards, and the consistent enforcement of its rules.

Adherence to Established Architectural Standards: The HOA’s primary defense was that its denial was based on a reasonable and long-standing architectural rule.

Authority: The HOA cited CC&R § 5(J), which grants the Board the authority to adopt reasonable rules concerning the use of common elements. Rule 7(a) requires Board approval for any exterior alterations.

Evidence: The HOA submitted the “Wall Construction Specifications & Conditions” (Exhibit 3), which Mr. Brubaker credibly testified was adopted by the Board on March 22, 2005.

Purpose of the Rule: Mr. Brubaker stated the rule’s purpose was to ensure architectural continuity. An email to the petitioner (Exhibit 7) explained:

Consistent Enforcement: The HOA demonstrated that the rule was not arbitrary but had been consistently applied.

Evidence: Mr. Brubaker testified that since the program’s adoption, “twenty-nine homeowners have had applications approved and constructed courtyard walls to specification.” Four additional compliant applications were approved since the petitioner’s submission. A photograph of a recently completed, compliant wall (Ms. Warren’s) was submitted as Exhibit 16.

Rebuttal of Petitioner’s Claims: The HOA directly countered the petitioner’s key arguments.

On Inconsistency: Mr. Brubaker testified that the non-conforming walls at units 34 and 38 were constructed before 1980 by the original developer, prior to the HOA assuming control of the property (Exhibit 14).

On Structural Integrity: The HOA submitted two technical bulletins from the National Concrete Masonry Association (Exhibits 19 and 20). These documents stated that 4″ high (“half-high”) units can be considered “structurally equivalent to their corresponding 8-in. (203-mm) high unit” as long as the cross-section is the same.

On Cost: The HOA submitted a bid from J E Bowen Construction for $6,165.00 to build a compliant wall for the petitioner’s unit (Exhibit 17). It also noted that another homeowner’s recent compliant wall cost only $4,268.23 (Exhibit 15).

5. Administrative Law Judge’s Conclusions and Final Order

The Administrative Law Judge (ALJ) found comprehensively in favor of the Respondent (HOA), denying the Petitioner’s petition.

Burden of Proof: The ALJ established that the petitioner bore the burden of proving her case by a “preponderance of the evidence” and failed to do so.

Reasonableness of HOA Standards: The decision affirmed the HOA’s right to establish and enforce aesthetic standards.

Validity of Specifications: The petitioner’s challenge to the authenticity of the HOA’s rules was dismissed. The ALJ found that she “did not establish that Respondent’s Wall Construction Specifications & Conditions was fraudulent or improperly adopted.”

Materiality of Block Type: The ALJ concluded that the petitioner failed to prove her central claim that the larger blocks were superior.

Aesthetic Impact: The ALJ determined that the petitioner’s proposed wall would violate the community’s aesthetic standards, noting that a wall using the larger blocks “would be noticeably different from walls that were constructed in compliance with the Wall Construction Specifications & Conditions and other Al Beadle design elements.”

Final Order: “IT IS ORDERED that Petitioners’ petition is denied because she has not established that CC&R § 5(G) required the Respondent to approve her Architectural Request to build a block wall around her patio that did not comply with Respondent’s Wall Construction Specifications & Conditions.”

The order, issued on April 26, 2018, is binding unless a rehearing is requested within 30 days of service.






Study Guide – 18F-H1818028-REL


Study Guide: Westerman v. Bridgewood Nine 30 Property Owners Association, Inc.

This study guide provides a comprehensive review of the Administrative Law Judge Decision in case No. 18F-H1818028-REL, concerning a dispute between a homeowner and her homeowners’ association. It includes a short-answer quiz, an answer key, suggested essay questions, and a glossary of key terms to facilitate a thorough understanding of the case.

Short-Answer Quiz

Instructions: Answer the following ten questions in 2-3 sentences each, based on the information provided in the source document.

1. Who were the primary parties involved in this hearing, and what was their relationship?

2. What specific action by the Respondent was the Petitioner challenging in her petition?

3. According to the Respondent, what was the primary purpose of the “Wall Construction Specifications & Conditions”?

4. What were the three main arguments the Petitioner presented in favor of using 8” x 8” x 16” CMU blocks instead of the specified size?

5. How did the Petitioner attempt to demonstrate that the Respondent’s enforcement of wall specifications was inconsistent?

6. What was the Respondent’s explanation for the non-conforming walls cited by the Petitioner?

7. What evidence did the Respondent present to counter the Petitioner’s claim that the specified 4” x 8” x 16” CMU blocks were structurally inferior?

8. Which party bore the “burden of proof” in this case, and what did that require them to establish?

9. On what date did the Respondent’s Board of Directors originally adopt the Wall Construction Specifications & Conditions?

10. What was the final ruling in this case, and what was the judge’s primary reason for the decision?

Answer Key

1. The primary parties were Debbie Westerman, the Petitioner, and the Bridgewood Nine 30 Property Owners Association, Inc., the Respondent. Ms. Westerman owns condominium unit 31 in the Bridgewood Townhomes development and is therefore a member of the Respondent homeowners’ association.

2. The Petitioner was challenging the Respondent’s denial of her Architectural Request to build a wall around her patio. Specifically, she alleged that the Respondent had unreasonably denied her request to use 8” x 8” x 16” concrete masonry unit (CMU) block, which violated the association’s Covenants, Conditions, and Restrictions (CC&Rs).

3. The “Wall Construction Specifications & Conditions” were developed to provide architectural continuity and standards for courtyard walls. They were intended to ensure that any new walls conformed to the original Al Beadle design represented by other structures on the property, such as the perimeter wall and pool enclosure.

4. The Petitioner argued that her proposed 8” x 8” x 16” CMU blocks were stronger, less expensive (requiring fewer blocks and less mortar), and looked the same as the specified blocks. This information was based on advice she received from three different contractors.

5. The Petitioner submitted photographs of courtyard walls at unit nos. 34 and 38, which she testified had larger blocks visible through stucco. She used these examples to argue that walls within the community were not consistent.

6. The Respondent’s Board president, Michael Brubaker, testified that the walls for units 34 and 38 were constructed before 1980. This was before the original developer turned the property over to the Respondent homeowners’ association, and therefore before the current specifications were in place.

7. The Respondent submitted two technical documents (TEK 5-15 and TEK 2-2B) from the National Concrete Masonry Association. These documents stated that 4-inch high (“half-high”) units are structurally equivalent to their corresponding 8-inch high counterparts, provided the face shell and web thicknesses are the same.

8. The Petitioner, Ms. Westerman, bore the burden of proof. This required her to establish by a “preponderance of the evidence” that the Respondent violated CC&R § 5(G) by unreasonably denying her request.

9. Michael Brubaker, the Respondent’s Board president, credibly testified that the Board adopted the Wall Construction Specifications & Conditions on March 22, 2005.

10. The final ruling was that the Petitioner’s petition was denied. The judge concluded that the Petitioner failed to establish that the Respondent’s Board acted unreasonably in denying her request, as the Board’s decision to maintain architectural consistency with the original Al Beadle design was reasonable.

Suggested Essay Questions

Instructions: The following questions are designed for longer, essay-style responses to test a deeper understanding of the case’s themes and legal principles. Do not provide answers.

1. Analyze the legal concept of a “restrictive covenant.” Using the CC&Rs from the Bridgewood Townhomes development as an example, explain how these covenants function to regulate property use and how they are interpreted and enforced in a legal dispute.

2. Evaluate the evidence presented by both the Petitioner and the Respondent regarding the structural integrity and cost of the different CMU block sizes. Discuss the quality of the evidence (e.g., expert testimony, technical documents, contractor bids) and explain which side made a more compelling argument on this point.

3. Discuss the role and authority of a homeowners’ association Board of Directors as demonstrated in this case. How did the Board use its authority under the CC&Rs to create and enforce the “Wall Construction Specifications & Conditions,” and what does the judge’s decision say about the reasonableness of its actions?

4. The concept of “architectural continuity” and preserving the original “Al Beadle design” was central to the Respondent’s argument. Explain the significance of this argument and analyze why the Administrative Law Judge found it to be a reasonable basis for denying the Petitioner’s request.

5. Trace the procedural history of this dispute, from the Petitioner’s initial Architectural Request in October 2017 through the Administrative Law Judge’s final decision. What do the steps taken by both parties reveal about the formal processes for dispute resolution within this planned community?

Glossary of Key Terms

Definition (as used in the source document)

Administrative Law Judge (ALJ)

An independent judge (Diane Mihalsky) who presides over administrative hearings at the Office of Administrative Hearings, an agency separate from the Department of Real Estate.

Architectural Request

A formal application submitted by a homeowner to the homeowners’ association for approval of any alterations or additions to the exterior of a unit.

Covenants, Conditions, and Restrictions. A set of rules recorded with the county that governs the rights and obligations of property owners within a planned community or condominium development.

Concrete Masonry Unit. A standard-size rectangular block used in construction. In this case, the dispute centered on two sizes: 4” x 8” x 16” and 8” x 8” x 16”.

Common Area

Areas within the development owned by the Homeowners’ Association in trust for the benefit and use of all lot owners.

Department

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

Homeowners’ Association (HOA)

An organization in a subdivision, planned community, or condominium development that makes and enforces rules for the properties within its jurisdiction. In this case, the Bridgewood Nine 30 Property Owners Association, Inc.

Limited Common Elements

Areas, such as the patios or courtyards adjacent to individual units, that are part of the common area but are reserved for the exclusive use of a specific owner.

Petitioner

The party who files a petition initiating a legal action. In this case, the homeowner, Debbie Westerman.

Preponderance of the Evidence

The standard of proof required in this civil case. It is defined as evidence that has the most convincing force and is sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

Respondent

The party against whom a petition is filed. In this case, the homeowners’ association, Bridgewood Nine 30 Property Owners Association, Inc.

Restrictive Covenant

A provision in a deed or CC&R that limits the use of the property. The judge notes that if unambiguous, these are enforced to give effect to the intent of the parties.

Subpoena Duces Tecum

A legal order requiring a person to appear and bring specified documents or evidence with them. The decision notes the Petitioner did not request one for the Board meeting minutes.

TEK 2-2B & TEK 5-15

Titles of technical publications from the National Concrete Masonry Association, submitted as evidence by the Respondent to demonstrate the structural equivalence of different-sized CMU blocks.






Blog Post – 18F-H1818028-REL


Why Your HOA Cares About Your Bricks: A Real-Life Legal Battle, Deconstructed

For many homeowners, the relationship with their Homeowners’ Association (HOA) is a source of quiet frustration. It often involves rules that seem arbitrary, overly specific, or just plain unreasonable. You want to make a practical improvement to your property, but the HOA’s governing documents stand in the way, citing regulations you never knew existed. This friction between individual desire and community standards is common, but rarely does it escalate into a formal legal dispute.

When it does, however, the results can be surprisingly illuminating. Such is the case of Debbie Westerman and the Bridgewood Townhomes HOA in Arizona. Their legal battle wasn’t over a major renovation or a loud party; it was about the specific size of concrete blocks for a new patio wall. On the surface, it seems like a minor disagreement. But a closer look at the administrative law judge’s decision reveals powerful, practical lessons for every homeowner about the hidden legal realities of community governance.

By deconstructing the judge’s final decision, we can uncover four critical lessons that reveal how HOAs wield power and how homeowners can protect themselves.

Takeaway 1: Aesthetic Vision Can Legally Outweigh Practicality

At the heart of the dispute was a simple disagreement over materials. The petitioner, Debbie Westerman, wanted to build her patio wall using 8″x8″x16″ concrete blocks. Her reasoning was entirely practical: a licensed contractor advised her that the larger blocks were “stronger, less expensive, and looks the same.” From a homeowner’s perspective, this seems like an open-and-shut case for approval.

The HOA, however, denied the request. Their position was based not on practicality, but on a specific design vision. The association’s rules, established back in 2005, explicitly required the use of 4″x8″x16″ blocks. The reason? To maintain “architectural continuity” with the property’s original “Al Beadle design.” This wasn’t a vague preference; it was a documented standard intended to conform new construction to the existing visual language of the community, as seen in the “property’s perimeter wall, the original block buildings, the pool area enclosure and buildings, the parking structures, and the walls around the parking areas.”

Ultimately, the judge sided with the HOA. The decision found that the association’s requirement was reasonable because it was aimed at keeping new construction consistent with “significant elements of Bridgewood Townhomes.” This is a crucial lesson: a homeowner’s logical arguments about cost, strength, and appearance can be legally superseded by a community’s well-documented commitment to a specific, even if less tangible, design aesthetic.

Takeaway 2: The Power is in the Paper Trail

The HOA’s entire case rested on the strength of a single key document: the “Wall Construction Specifications & Conditions.” This document, which the board officially adopted on March 22, 2005, clearly outlined the requirement for the 4-inch blocks.

Crucially, the petitioner only challenged the authenticity of this document for the first time during the hearing itself, arguing the HOA had not produced the original meeting minutes that adopted it. The judge deemed this last-minute challenge inadmissible. Why? Crucially, the judge noted that the homeowner had failed to use the proper legal procedures to demand the HOA produce those records ahead of time, making her challenge too little, too late. The HOA, meanwhile, demonstrated a long history of consistent enforcement. Before Ms. Westerman’s request, the association had already approved 29 other courtyard walls, all built according to the 2005 specifications.

This highlights a critical lesson: an HOA’s power is codified in its paper trail. The governing documents—from the Covenants, Conditions, and Restrictions (CC&Rs) down to specific board-adopted rules—carry immense legal weight.

Pro Tip: Your HOA’s governing documents are more than just the CC&Rs you received at closing. Formally request and review all board-adopted rules, architectural guidelines, and meeting minutes related to your planned project hiring a contractor or submitting an application.

Takeaway 3: The Burden of Proof Is on the Homeowner

Many people might assume that in a dispute, the powerful organization (the HOA) has the responsibility to prove its rules are fair and justified. The legal reality is often the exact opposite.

The judge’s decision explicitly stated that the “burden of proof” was on Ms. Westerman to establish that the HOA had acted unreasonably. It was not the HOA’s job to prove their rule was perfect; it was the homeowner’s job to prove the denial was improper. To meet this high legal standard, defined as a “preponderance of the evidence,” you need convincing proof.

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

This case provides a masterclass in what constitutes convincing proof. Ms. Westerman’s evidence that the 8-inch blocks were superior came from the testimony of her contractor’s unlicensed subcontractor. In sharp contrast, the HOA submitted two technical documents from the National Concrete Masonry Association—a neutral, expert authority—which demonstrated that the required 4-inch blocks are “structurally equivalent” to their 8-inch counterparts. The homeowner brought an opinion to a legal fight; the HOA brought expert documentation.

Actionable Advice: If you choose to challenge an HOA decision, understand that personal testimony and contractor opinions are often insufficient. To meet the ‘burden of proof,’ you must be prepared to counter the HOA’s documented rules with equally strong evidence, such as independent engineering reports, surveys, or expert testimony.

Takeaway 4: An HOA Rule Can Be a “Win-Win Program”

While it’s easy to view HOA rules as purely restrictive, the association’s board president, Michael Brubaker, offered a completely different perspective. He framed the wall policy not as a limitation, but as a benefit designed to increase the value and security of the entire community.

In an email to the petitioner, he explained the board’s original thinking behind allowing the walls in the first place, calling it a “win win program.”

A courtyard wall allowed homeowners to expand their homes with an exclusive-use courtyard space, enhance privacy, and improve security, which resulted in an increased individual property value that subsequently raised all property values. Additionally, the Association reduced costs by reducing the common area to be maintained. This is a win win program.

This viewpoint is bolstered by another critical fact: the HOA assumes maintenance responsibility for the walls after they are built. This reinforces the logic behind the rule. Uniformity isn’t just about aesthetics; it’s about the long-term, collective cost and labor of maintaining these structures, making a consistent standard a practical and financial concern for the entire association.

Conclusion: Beyond the Bricks

The dispute between Debbie Westerman and the Bridgewood Townhomes HOA was, on its face, about the size of concrete blocks. But the legal decision reveals a much deeper story about community living. It’s a story about how a shared aesthetic vision, when properly documented, can become legally enforceable. It’s a confirmation of the immense power of written rules and the critical importance of bringing credible evidence to a dispute. And it’s a reminder that the legal burden often falls on the individual to challenge the collective.

This case demonstrates that behind a seemingly petty disagreement lies a complex reality of legal precedent, established processes, and a community’s right to define and defend its character. The next time you encounter a seemingly arbitrary HOA rule, will you see it as a simple restriction, or will you look for the deeper story of community standards and legal precedent behind it?


Case Participants

Petitioner Side

  • Debbie Westerman (petitioner)
    Appeared on her own behalf
  • Kelly Zernich (witness)
    Petitioner's realtor
  • Richard Ross (witness)
    Petitioner's contractor's subcontractor

Respondent Side

  • Mark E. Lines (attorney)
    Shaw & Lines, LLC
  • R. Patrick Whelan (attorney)
    Shaw & Lines, LLC
  • Michael Brubaker (board member/witness)
    Respondent's Board president

Neutral Parties

  • Diane Mihalsky (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (commissioner)
    Arizona Department of Real Estate

Other Participants

  • Barb Warren (homeowner/applicant)
    Application approved by the Board (used for comparison)
  • Felicia Del Sol (unknown)
    Transmitted the decision electronically

Debbie Westerman v. Bridgewood Townhomes

Case Summary

Case ID 18F-H1818028-REL
Agency ADRE
Tribunal OAH
Decision Date 2018-04-26
Administrative Law Judge Diane Mihalsky
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Debbie Westerman Counsel
Respondent Bridgewood Nine 30 Property Owners Association, Inc. aka Bridgewood Townhomes Counsel Mark E. Lines and R. Patrick Whelan

Alleged Violations

CC&R § 5(G)

Outcome Summary

The ALJ denied the petition, concluding the Respondent HOA did not unreasonably deny the Petitioner's architectural request. The HOA's standard specification requiring 4” x 8” x 16” CMU blocks for courtyard walls was found to be reasonable for maintaining architectural continuity consistent with the original Al Beadle design of the community.

Why this result: Petitioner failed to prove that the HOA's denial was unreasonable or that the specified 4” x 8” x 16” CMU block was inferior to the 8” x 8” x 16” CMU block she requested, and compliance with the HOA's reasonable specifications was required.

Key Issues & Findings

Unreasonable denial of architectural request to build a courtyard wall

Petitioner alleged the HOA violated CC&R § 5(G) by unreasonably denying her request to construct a courtyard wall using 8” x 8” x 16” CMU blocks, which did not comply with the HOA's Wall Construction Specifications & Conditions requiring 4” x 8” x 16” CMU blocks.

Orders: Petition denied because Petitioner failed to establish that CC&R § 5(G) required the Respondent to approve her Architectural Request which did not comply with Respondent’s Wall Construction Specifications & Conditions.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • 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. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • CC&R § 5(G)
  • CC&R § 7(B)
  • CC&R § 5(J)

Analytics Highlights

Topics: HOA, CC&R, Architectural Review, Wall Construction, CMU block, Architectural Standard
Additional Citations:

  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • 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. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Video Overview

Audio Overview

Decision Documents

18F-H1818028-REL Decision – 631265.pdf

Uploaded 2026-01-23T17:23:15 (161.6 KB)





Briefing Doc – 18F-H1818028-REL


Briefing Document: Westerman v. Bridgewood Townhomes HOA (Case No. 18F-H1818028-REL)

Executive Summary

This document synthesizes the findings and decision in the case of Debbie Westerman versus the Bridgewood Nine 30 Property Owners Association, Inc. (HOA). The central conflict involved the HOA’s denial of Ms. Westerman’s architectural request to construct a courtyard wall using 8” x 8” x 16” concrete masonry unit (CMU) blocks, which deviated from the association’s established standard of 4” x 8” x 16” CMU blocks.

The Administrative Law Judge (ALJ) ultimately denied the petitioner’s claim, ruling in favor of the HOA. The decision rested on the finding that the HOA’s architectural standards were reasonable and established to maintain the community’s original design integrity. The petitioner failed to meet the burden of proof required to show that the HOA’s denial was unreasonable or that the specified building materials were in any significant way inferior. The HOA successfully argued that its “Wall Construction Specifications & Conditions,” in place since 2005, were created to preserve the architectural continuity of the original “Al Beadle design” and have been consistently applied to numerous other homeowner projects.

1. Case Overview and Core Dispute

Parties:

Petitioner: Debbie Westerman, owner of condominium unit 31 in Bridgewood Townhomes.

Respondent: Bridgewood Nine 30 Property Owners Association, Inc. (also known as Bridgewood Townhomes).

Jurisdiction: The case was heard by the Arizona Office of Administrative Hearings following a petition filed with the Arizona Department of Real Estate on January 23, 2018.

Core Allegation: The petitioner alleged that the HOA violated its Covenants, Conditions, and Restrictions (CC&Rs) § 5(G) by unreasonably denying her request to build a courtyard wall with 8” x 8” x 16” CMU blocks. The HOA’s established specification required the use of 4” x 8” x 16” CMU blocks.

2. Chronology of the Dispute

The key events leading to the administrative hearing occurred between October 2017 and January 2018.

Oct 25, 2017

Michael Brubaker, the HOA Board President, emailed the petitioner with the association’s “Wall Construction Specifications & Conditions.”

Oct 25, 2017

The petitioner submitted an Architectural Request to build a wall with 8″ x 8″ x 16″ CMU blocks, acknowledging the deviation from specifications.

Oct 25, 2017

Mr. Brubaker sent a follow-up email cautioning the petitioner not to pre-order non-conforming materials as her request was not yet approved.

Nov 29, 2017

Mr. Brubaker emailed the petitioner, acknowledging her request as “extraordinary” and stating the Board would need to meet to consider it.

Dec 28, 2017

The petitioner was formally notified of a Board meeting scheduled for January 2, 2018, to review her request.

Jan 2, 2018

The petitioner attended the Board meeting. The Board unanimously rejected her request because it was contrary to the established specifications and “the historical aspects of our compliance structure.” The Board noted its willingness to approve a compliant wall, but the petitioner “stated that she [was] unwilling to comply.”

Jan 8, 2018

The HOA’s attorney sent a letter to the petitioner summarizing the legal basis for the denial.

Jan 23, 2018

The petitioner filed her formal petition with the Arizona Department of Real Estate.

3. Petitioner’s Arguments and Evidence (Debbie Westerman)

The petitioner’s case was built on three main arguments: the superiority of her proposed materials, the inconsistency of community standards, and the questionable validity of the HOA’s rules.

Material Superiority: The petitioner claimed her proposed 8” x 8” x 16” blocks were stronger, less expensive, and visually identical to the required blocks.

Evidence: She testified that three different contractors advised her that the larger blocks would be cheaper due to needing fewer units and less mortar.

Evidence: Her subcontractor, Richard Ross, testified that using twice as many blocks (as required by the 4″ specification) “doubles the chance of the wall failing.”

Inconsistent Community Standards: The petitioner argued that the HOA did not enforce a uniform aesthetic, negating the need for strict adherence to the block size specification.

Evidence: She submitted photographs (Exhibits A5, A6) of walls at units 34 and 38, owned by Board President Michael Brubaker, which she claimed were built with larger blocks visible through stucco.

Evidence: She submitted a photograph (Exhibit A11) showing courtyard walls of different heights, although wall height was not the subject of her dispute.

Questionable Rule Authenticity: At the hearing, the petitioner challenged the validity of the “Wall Construction Specifications & Conditions” document itself.

Argument: She argued the document was not authentic because the HOA did not produce the official Board meeting minutes from 2005 when the rules were allegedly adopted. This challenge was raised for the first time at the hearing.

4. Respondent’s Arguments and Evidence (Bridgewood HOA)

The HOA’s defense was centered on its legal authority, the reasonableness of its established architectural standards, and the consistent enforcement of its rules.

Adherence to Established Architectural Standards: The HOA’s primary defense was that its denial was based on a reasonable and long-standing architectural rule.

Authority: The HOA cited CC&R § 5(J), which grants the Board the authority to adopt reasonable rules concerning the use of common elements. Rule 7(a) requires Board approval for any exterior alterations.

Evidence: The HOA submitted the “Wall Construction Specifications & Conditions” (Exhibit 3), which Mr. Brubaker credibly testified was adopted by the Board on March 22, 2005.

Purpose of the Rule: Mr. Brubaker stated the rule’s purpose was to ensure architectural continuity. An email to the petitioner (Exhibit 7) explained:

Consistent Enforcement: The HOA demonstrated that the rule was not arbitrary but had been consistently applied.

Evidence: Mr. Brubaker testified that since the program’s adoption, “twenty-nine homeowners have had applications approved and constructed courtyard walls to specification.” Four additional compliant applications were approved since the petitioner’s submission. A photograph of a recently completed, compliant wall (Ms. Warren’s) was submitted as Exhibit 16.

Rebuttal of Petitioner’s Claims: The HOA directly countered the petitioner’s key arguments.

On Inconsistency: Mr. Brubaker testified that the non-conforming walls at units 34 and 38 were constructed before 1980 by the original developer, prior to the HOA assuming control of the property (Exhibit 14).

On Structural Integrity: The HOA submitted two technical bulletins from the National Concrete Masonry Association (Exhibits 19 and 20). These documents stated that 4″ high (“half-high”) units can be considered “structurally equivalent to their corresponding 8-in. (203-mm) high unit” as long as the cross-section is the same.

On Cost: The HOA submitted a bid from J E Bowen Construction for $6,165.00 to build a compliant wall for the petitioner’s unit (Exhibit 17). It also noted that another homeowner’s recent compliant wall cost only $4,268.23 (Exhibit 15).

5. Administrative Law Judge’s Conclusions and Final Order

The Administrative Law Judge (ALJ) found comprehensively in favor of the Respondent (HOA), denying the Petitioner’s petition.

Burden of Proof: The ALJ established that the petitioner bore the burden of proving her case by a “preponderance of the evidence” and failed to do so.

Reasonableness of HOA Standards: The decision affirmed the HOA’s right to establish and enforce aesthetic standards.

Validity of Specifications: The petitioner’s challenge to the authenticity of the HOA’s rules was dismissed. The ALJ found that she “did not establish that Respondent’s Wall Construction Specifications & Conditions was fraudulent or improperly adopted.”

Materiality of Block Type: The ALJ concluded that the petitioner failed to prove her central claim that the larger blocks were superior.

Aesthetic Impact: The ALJ determined that the petitioner’s proposed wall would violate the community’s aesthetic standards, noting that a wall using the larger blocks “would be noticeably different from walls that were constructed in compliance with the Wall Construction Specifications & Conditions and other Al Beadle design elements.”

Final Order: “IT IS ORDERED that Petitioners’ petition is denied because she has not established that CC&R § 5(G) required the Respondent to approve her Architectural Request to build a block wall around her patio that did not comply with Respondent’s Wall Construction Specifications & Conditions.”

The order, issued on April 26, 2018, is binding unless a rehearing is requested within 30 days of service.






Study Guide – 18F-H1818028-REL


Study Guide: Westerman v. Bridgewood Nine 30 Property Owners Association, Inc.

This study guide provides a comprehensive review of the Administrative Law Judge Decision in case No. 18F-H1818028-REL, concerning a dispute between a homeowner and her homeowners’ association. It includes a short-answer quiz, an answer key, suggested essay questions, and a glossary of key terms to facilitate a thorough understanding of the case.

Short-Answer Quiz

Instructions: Answer the following ten questions in 2-3 sentences each, based on the information provided in the source document.

1. Who were the primary parties involved in this hearing, and what was their relationship?

2. What specific action by the Respondent was the Petitioner challenging in her petition?

3. According to the Respondent, what was the primary purpose of the “Wall Construction Specifications & Conditions”?

4. What were the three main arguments the Petitioner presented in favor of using 8” x 8” x 16” CMU blocks instead of the specified size?

5. How did the Petitioner attempt to demonstrate that the Respondent’s enforcement of wall specifications was inconsistent?

6. What was the Respondent’s explanation for the non-conforming walls cited by the Petitioner?

7. What evidence did the Respondent present to counter the Petitioner’s claim that the specified 4” x 8” x 16” CMU blocks were structurally inferior?

8. Which party bore the “burden of proof” in this case, and what did that require them to establish?

9. On what date did the Respondent’s Board of Directors originally adopt the Wall Construction Specifications & Conditions?

10. What was the final ruling in this case, and what was the judge’s primary reason for the decision?

Answer Key

1. The primary parties were Debbie Westerman, the Petitioner, and the Bridgewood Nine 30 Property Owners Association, Inc., the Respondent. Ms. Westerman owns condominium unit 31 in the Bridgewood Townhomes development and is therefore a member of the Respondent homeowners’ association.

2. The Petitioner was challenging the Respondent’s denial of her Architectural Request to build a wall around her patio. Specifically, she alleged that the Respondent had unreasonably denied her request to use 8” x 8” x 16” concrete masonry unit (CMU) block, which violated the association’s Covenants, Conditions, and Restrictions (CC&Rs).

3. The “Wall Construction Specifications & Conditions” were developed to provide architectural continuity and standards for courtyard walls. They were intended to ensure that any new walls conformed to the original Al Beadle design represented by other structures on the property, such as the perimeter wall and pool enclosure.

4. The Petitioner argued that her proposed 8” x 8” x 16” CMU blocks were stronger, less expensive (requiring fewer blocks and less mortar), and looked the same as the specified blocks. This information was based on advice she received from three different contractors.

5. The Petitioner submitted photographs of courtyard walls at unit nos. 34 and 38, which she testified had larger blocks visible through stucco. She used these examples to argue that walls within the community were not consistent.

6. The Respondent’s Board president, Michael Brubaker, testified that the walls for units 34 and 38 were constructed before 1980. This was before the original developer turned the property over to the Respondent homeowners’ association, and therefore before the current specifications were in place.

7. The Respondent submitted two technical documents (TEK 5-15 and TEK 2-2B) from the National Concrete Masonry Association. These documents stated that 4-inch high (“half-high”) units are structurally equivalent to their corresponding 8-inch high counterparts, provided the face shell and web thicknesses are the same.

8. The Petitioner, Ms. Westerman, bore the burden of proof. This required her to establish by a “preponderance of the evidence” that the Respondent violated CC&R § 5(G) by unreasonably denying her request.

9. Michael Brubaker, the Respondent’s Board president, credibly testified that the Board adopted the Wall Construction Specifications & Conditions on March 22, 2005.

10. The final ruling was that the Petitioner’s petition was denied. The judge concluded that the Petitioner failed to establish that the Respondent’s Board acted unreasonably in denying her request, as the Board’s decision to maintain architectural consistency with the original Al Beadle design was reasonable.

Suggested Essay Questions

Instructions: The following questions are designed for longer, essay-style responses to test a deeper understanding of the case’s themes and legal principles. Do not provide answers.

1. Analyze the legal concept of a “restrictive covenant.” Using the CC&Rs from the Bridgewood Townhomes development as an example, explain how these covenants function to regulate property use and how they are interpreted and enforced in a legal dispute.

2. Evaluate the evidence presented by both the Petitioner and the Respondent regarding the structural integrity and cost of the different CMU block sizes. Discuss the quality of the evidence (e.g., expert testimony, technical documents, contractor bids) and explain which side made a more compelling argument on this point.

3. Discuss the role and authority of a homeowners’ association Board of Directors as demonstrated in this case. How did the Board use its authority under the CC&Rs to create and enforce the “Wall Construction Specifications & Conditions,” and what does the judge’s decision say about the reasonableness of its actions?

4. The concept of “architectural continuity” and preserving the original “Al Beadle design” was central to the Respondent’s argument. Explain the significance of this argument and analyze why the Administrative Law Judge found it to be a reasonable basis for denying the Petitioner’s request.

5. Trace the procedural history of this dispute, from the Petitioner’s initial Architectural Request in October 2017 through the Administrative Law Judge’s final decision. What do the steps taken by both parties reveal about the formal processes for dispute resolution within this planned community?

Glossary of Key Terms

Definition (as used in the source document)

Administrative Law Judge (ALJ)

An independent judge (Diane Mihalsky) who presides over administrative hearings at the Office of Administrative Hearings, an agency separate from the Department of Real Estate.

Architectural Request

A formal application submitted by a homeowner to the homeowners’ association for approval of any alterations or additions to the exterior of a unit.

Covenants, Conditions, and Restrictions. A set of rules recorded with the county that governs the rights and obligations of property owners within a planned community or condominium development.

Concrete Masonry Unit. A standard-size rectangular block used in construction. In this case, the dispute centered on two sizes: 4” x 8” x 16” and 8” x 8” x 16”.

Common Area

Areas within the development owned by the Homeowners’ Association in trust for the benefit and use of all lot owners.

Department

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

Homeowners’ Association (HOA)

An organization in a subdivision, planned community, or condominium development that makes and enforces rules for the properties within its jurisdiction. In this case, the Bridgewood Nine 30 Property Owners Association, Inc.

Limited Common Elements

Areas, such as the patios or courtyards adjacent to individual units, that are part of the common area but are reserved for the exclusive use of a specific owner.

Petitioner

The party who files a petition initiating a legal action. In this case, the homeowner, Debbie Westerman.

Preponderance of the Evidence

The standard of proof required in this civil case. It is defined as evidence that has the most convincing force and is sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

Respondent

The party against whom a petition is filed. In this case, the homeowners’ association, Bridgewood Nine 30 Property Owners Association, Inc.

Restrictive Covenant

A provision in a deed or CC&R that limits the use of the property. The judge notes that if unambiguous, these are enforced to give effect to the intent of the parties.

Subpoena Duces Tecum

A legal order requiring a person to appear and bring specified documents or evidence with them. The decision notes the Petitioner did not request one for the Board meeting minutes.

TEK 2-2B & TEK 5-15

Titles of technical publications from the National Concrete Masonry Association, submitted as evidence by the Respondent to demonstrate the structural equivalence of different-sized CMU blocks.






Blog Post – 18F-H1818028-REL


Why Your HOA Cares About Your Bricks: A Real-Life Legal Battle, Deconstructed

For many homeowners, the relationship with their Homeowners’ Association (HOA) is a source of quiet frustration. It often involves rules that seem arbitrary, overly specific, or just plain unreasonable. You want to make a practical improvement to your property, but the HOA’s governing documents stand in the way, citing regulations you never knew existed. This friction between individual desire and community standards is common, but rarely does it escalate into a formal legal dispute.

When it does, however, the results can be surprisingly illuminating. Such is the case of Debbie Westerman and the Bridgewood Townhomes HOA in Arizona. Their legal battle wasn’t over a major renovation or a loud party; it was about the specific size of concrete blocks for a new patio wall. On the surface, it seems like a minor disagreement. But a closer look at the administrative law judge’s decision reveals powerful, practical lessons for every homeowner about the hidden legal realities of community governance.

By deconstructing the judge’s final decision, we can uncover four critical lessons that reveal how HOAs wield power and how homeowners can protect themselves.

Takeaway 1: Aesthetic Vision Can Legally Outweigh Practicality

At the heart of the dispute was a simple disagreement over materials. The petitioner, Debbie Westerman, wanted to build her patio wall using 8″x8″x16″ concrete blocks. Her reasoning was entirely practical: a licensed contractor advised her that the larger blocks were “stronger, less expensive, and looks the same.” From a homeowner’s perspective, this seems like an open-and-shut case for approval.

The HOA, however, denied the request. Their position was based not on practicality, but on a specific design vision. The association’s rules, established back in 2005, explicitly required the use of 4″x8″x16″ blocks. The reason? To maintain “architectural continuity” with the property’s original “Al Beadle design.” This wasn’t a vague preference; it was a documented standard intended to conform new construction to the existing visual language of the community, as seen in the “property’s perimeter wall, the original block buildings, the pool area enclosure and buildings, the parking structures, and the walls around the parking areas.”

Ultimately, the judge sided with the HOA. The decision found that the association’s requirement was reasonable because it was aimed at keeping new construction consistent with “significant elements of Bridgewood Townhomes.” This is a crucial lesson: a homeowner’s logical arguments about cost, strength, and appearance can be legally superseded by a community’s well-documented commitment to a specific, even if less tangible, design aesthetic.

Takeaway 2: The Power is in the Paper Trail

The HOA’s entire case rested on the strength of a single key document: the “Wall Construction Specifications & Conditions.” This document, which the board officially adopted on March 22, 2005, clearly outlined the requirement for the 4-inch blocks.

Crucially, the petitioner only challenged the authenticity of this document for the first time during the hearing itself, arguing the HOA had not produced the original meeting minutes that adopted it. The judge deemed this last-minute challenge inadmissible. Why? Crucially, the judge noted that the homeowner had failed to use the proper legal procedures to demand the HOA produce those records ahead of time, making her challenge too little, too late. The HOA, meanwhile, demonstrated a long history of consistent enforcement. Before Ms. Westerman’s request, the association had already approved 29 other courtyard walls, all built according to the 2005 specifications.

This highlights a critical lesson: an HOA’s power is codified in its paper trail. The governing documents—from the Covenants, Conditions, and Restrictions (CC&Rs) down to specific board-adopted rules—carry immense legal weight.

Pro Tip: Your HOA’s governing documents are more than just the CC&Rs you received at closing. Formally request and review all board-adopted rules, architectural guidelines, and meeting minutes related to your planned project hiring a contractor or submitting an application.

Takeaway 3: The Burden of Proof Is on the Homeowner

Many people might assume that in a dispute, the powerful organization (the HOA) has the responsibility to prove its rules are fair and justified. The legal reality is often the exact opposite.

The judge’s decision explicitly stated that the “burden of proof” was on Ms. Westerman to establish that the HOA had acted unreasonably. It was not the HOA’s job to prove their rule was perfect; it was the homeowner’s job to prove the denial was improper. To meet this high legal standard, defined as a “preponderance of the evidence,” you need convincing proof.

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

This case provides a masterclass in what constitutes convincing proof. Ms. Westerman’s evidence that the 8-inch blocks were superior came from the testimony of her contractor’s unlicensed subcontractor. In sharp contrast, the HOA submitted two technical documents from the National Concrete Masonry Association—a neutral, expert authority—which demonstrated that the required 4-inch blocks are “structurally equivalent” to their 8-inch counterparts. The homeowner brought an opinion to a legal fight; the HOA brought expert documentation.

Actionable Advice: If you choose to challenge an HOA decision, understand that personal testimony and contractor opinions are often insufficient. To meet the ‘burden of proof,’ you must be prepared to counter the HOA’s documented rules with equally strong evidence, such as independent engineering reports, surveys, or expert testimony.

Takeaway 4: An HOA Rule Can Be a “Win-Win Program”

While it’s easy to view HOA rules as purely restrictive, the association’s board president, Michael Brubaker, offered a completely different perspective. He framed the wall policy not as a limitation, but as a benefit designed to increase the value and security of the entire community.

In an email to the petitioner, he explained the board’s original thinking behind allowing the walls in the first place, calling it a “win win program.”

A courtyard wall allowed homeowners to expand their homes with an exclusive-use courtyard space, enhance privacy, and improve security, which resulted in an increased individual property value that subsequently raised all property values. Additionally, the Association reduced costs by reducing the common area to be maintained. This is a win win program.

This viewpoint is bolstered by another critical fact: the HOA assumes maintenance responsibility for the walls after they are built. This reinforces the logic behind the rule. Uniformity isn’t just about aesthetics; it’s about the long-term, collective cost and labor of maintaining these structures, making a consistent standard a practical and financial concern for the entire association.

Conclusion: Beyond the Bricks

The dispute between Debbie Westerman and the Bridgewood Townhomes HOA was, on its face, about the size of concrete blocks. But the legal decision reveals a much deeper story about community living. It’s a story about how a shared aesthetic vision, when properly documented, can become legally enforceable. It’s a confirmation of the immense power of written rules and the critical importance of bringing credible evidence to a dispute. And it’s a reminder that the legal burden often falls on the individual to challenge the collective.

This case demonstrates that behind a seemingly petty disagreement lies a complex reality of legal precedent, established processes, and a community’s right to define and defend its character. The next time you encounter a seemingly arbitrary HOA rule, will you see it as a simple restriction, or will you look for the deeper story of community standards and legal precedent behind it?


Case Participants

Petitioner Side

  • Debbie Westerman (petitioner)
    Appeared on her own behalf
  • Kelly Zernich (witness)
    Petitioner's realtor
  • Richard Ross (witness)
    Petitioner's contractor's subcontractor

Respondent Side

  • Mark E. Lines (attorney)
    Shaw & Lines, LLC
  • R. Patrick Whelan (attorney)
    Shaw & Lines, LLC
  • Michael Brubaker (board member/witness)
    Respondent's Board president

Neutral Parties

  • Diane Mihalsky (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (commissioner)
    Arizona Department of Real Estate

Other Participants

  • Barb Warren (homeowner/applicant)
    Application approved by the Board (used for comparison)
  • Felicia Del Sol (unknown)
    Transmitted the decision electronically

Rex E. Duffett vs. Suntech Patio Homes Homeowners Association

Case Summary

Case ID 18F-H1818025-REL, 18F-H1818027-REL
Agency ADRE
Tribunal OAH
Decision Date 2018-04-24
Administrative Law Judge Tammy L. Eigenheer
Outcome partial
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Rex E. Duffett Counsel
Respondent Suntech Patio Homes Homeowners Association Counsel Nathan Tennyson

Alleged Violations

CC&Rs Amendment (March 1993)
A.R.S. § 33-1805(A)

Outcome Summary

The ALJ denied the maintenance claim because the Petitioner failed to prove the existence of the damage with unclear evidence. The ALJ granted the records request claim because the HOA failed to respond to the Petitioner's request within the required 10 days. The HOA was ordered to pay the Petitioner's filing fee of $500.00.

Why this result: Insufficient evidence to substantiate the maintenance claim.

Key Issues & Findings

Failure to repair and paint exterior walls

Petitioner alleged the HOA failed to respond to repeated requests to repair cracks and paint the exterior walls of his unit.

Orders: Denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_lost

Cited:

  • 4
  • 17
  • 18

Failure to provide records

Petitioner alleged the HOA failed to provide requested meeting notices and minutes within the statutory 10-day timeframe following a request made on December 22, 2017.

Orders: Respondent ordered to comply with A.R.S. § 33-1805(A) in the future.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • 19
  • 20
  • 21

Decision Documents

18F-H1818027-REL Decision – 630610.pdf

Uploaded 2026-01-27T21:14:18 (114.0 KB)

**Case Overview**
The following is a summary of the administrative hearing for consolidated cases *Rex E. Duffett v. Suntech Patio Homes Homeowners Association* (Nos. 18F-H1818025-REL and 18F-H1818027-REL). The hearing took place on April 4, 2018, before Administrative Law Judge Tammy L. Eigenheer,. While the hearing addressed two petitions, the following summary focuses primarily on Case No. 18F-H1818027-REL as requested.

**Case No. 18F-H1818027-REL (Records Request)**

* **Key Facts and Main Issue:**
The Petitioner filed a complaint alleging the Respondent failed to comply with A.R.S. § 33-1805(A) regarding a request for documents made on December 22, 2017. The Petitioner had faxed a request to the Respondent’s management company seeking meeting notices and minutes related to discussions of rules, regulations, and dues increases,. Under A.R.S. § 33-1805(A), an association must make financial and other records reasonably available for examination within ten business days of a request.

* **Hearing Arguments:**
The Respondent was represented by new management (Pride Community Management), which had taken over from the previous company (The Management Trust) on February 1, 2018. The Respondent argued that the previous management company left sparse records and failed to communicate the request,. Additionally, the Respondent argued that the Petitioner's request regarding meetings where "rules and regulations were discussed" was unclear because such topics are discussed at virtually every meeting.

* **Legal Findings:**
The Administrative Law Judge determined that while the Petitioner’s request was "somewhat vague," it was clearly a request for documents. The Judge ruled that the Respondent’s former management company failed to respond or request clarification within the ten-day statutory window. Consequently, the Petitioner established by a preponderance of the evidence that the Respondent violated A.R.S. § 33-1805(A).

* **Outcome:**
The Petitioner was deemed the prevailing party in this matter.

**Consolidated Case Context (Case No. 18F-H1818025-REL)**
In the accompanying consolidated case, the Petitioner alleged the Respondent failed to repair cracks in the exterior walls of his unit. The Judge denied this petition, finding that the black-and-white photographs submitted by the Petitioner were insufficient to prove the existence or severity of the alleged damage by a preponderance of the evidence,.

**Final Decision and Order**
Based on the findings in Case No. 18F-H1818027-REL, the Administrative Law Judge ordered the following:

Case Participants

Petitioner Side

  • Rex E. Duffett (petitioner)
    Appeared on his own behalf

Respondent Side

  • Nathan Tennyson (attorney)
    Brown/Olcott, PLLC
    Represented Respondent
  • Rebecca Stowers (witness)
    Pride Community Management
    Community Manager; testified at hearing
  • Shawn Mason (property manager)
    The Management Trust
    Provided initial responses to petitions; former management
  • Frank Peake (witness)
    Pride Community Management
    Owner of Pride; testified at hearing

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
    Administrative Law Judge
  • Judy Lowe (commissioner)
    Arizona Department of Real Estate
    Listed on distribution list
  • F. Del Sol (administrative staff)
    Office of Administrative Hearings
    Transmitted the decision
  • L. Dettorre (agency staff)
    Arizona Department of Real Estate
    Listed on distribution list
  • A. Hansen (agency staff)
    Arizona Department of Real Estate
    Listed on distribution list
  • D. Jones (agency staff)
    Arizona Department of Real Estate
    Listed on distribution list
  • D. Gardner (agency staff)
    Arizona Department of Real Estate
    Listed on distribution list
  • N. Cano (agency staff)
    Arizona Department of Real Estate
    Listed on distribution list