Category Archives: HOA Cases

Brian & Rosalie Gordon v. Tucson Estate No. Two Owner’s Association

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Case Summary

Case ID 24F-H043-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-07-10
Administrative Law Judge Samuel Fox
Outcome partial
Filing Fees Refunded $2,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Brian Gordon and Rosalie Gordon Counsel —
Respondent Tucson Estate No. Two Owner's Association Counsel Jason Smith

Alleged Violations

Bylaws Article 10; Finance Committee rules
A.R.S. § 33-1805; Bylaws Article 10
A.R.S. § 33-1805; Bylaws Article 10
A.R.S. § 33-1805; Bylaws Article 10

Outcome Summary

Petitioners were deemed the prevailing party regarding Petition Issues 1 and 4, and Respondent was deemed the prevailing party regarding Issues 2 and 3. Respondent was ordered to pay Petitioners $1,000.00 of the filing fee. Respondent was also directed to comply with Community Documents and A.R.S. § 33-1805 going forward. No Civil Penalty was levied.

Why this result: Petitioners failed to meet the burden of proof for Complaints 2 and 3, establishing that Respondent violated A.R.S. § 33-1805 or failed to abide by Community Documents, because Respondent provided all available records or offered additional reports.

Key Issues & Findings

Violation of Community Documents by not recording and making available the minutes of all Finance Committee Meetings held in 2023.

Petitioners requested minutes for five 2023 Finance Committee Meetings. The Committee rules required minutes of its meetings as a permanent record of its actions. The Respondent failed to record meeting minutes as required.

Orders: Respondent directed to comply with the requirements of its Community Documents going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805
  • A.R.S. § 10-11601
  • Bylaws Article 10

Violation by not keeping and making financial and other HOA business documentation (Budget Working Papers) available for review.

Petitioners requested copies of Budget Working Papers. Respondent provided all available documents (unapproved budget, general ledger, and draft), maintaining only one version of a proprietary spreadsheet. Petitioners failed to meet their burden to prove Respondent did not make records available.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1805
  • A.R.S. § 10-11601
  • Bylaws Article 10

Violation by not keeping and making financial and other HOA business documentation (Accounts Payable journal with GL detail) available for review.

Petitioners requested Accounts Payable journal/reports multiple times. Respondent provided copies of available accounts payable reports (check receipts and general ledger). When Respondent later identified an additional detailed report available for purchase, Petitioners refused it.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1805
  • A.R.S. § 10-11601
  • Bylaws Article 10

Violation by not keeping and making financial and other HOA business documentation (IRS Tax filings and backup documentation) available for review.

Petitioners requested IRS Tax filings. Respondent initially provided only photocopies of two pages of the 1120-h form, missing schedules and backup documentation. Respondent failed to provide full tax returns or backup documentation in a timely manner (within ten business days).

Orders: Respondent is directed to comply with the requirements of A.R.S. § 33-1805 going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805
  • A.R.S. § 10-11601
  • Bylaws Article 10

Analytics Highlights

Topics: HOA records dispute, Finance Committee minutes, budget working papers, accounts payable journal, IRS tax filings, record retention, A.R.S. § 33-1805 violation
Additional Citations:

  • A.R.S. § 33-1805
  • A.R.S. § 10-11601
  • Bylaws Article 10
  • A.R.S. § 32-2199.02

Video Overview

Audio Overview

Decision Documents

24F-H043-REL Decision – 1176916.pdf

Uploaded 2026-01-23T18:07:38 (53.5 KB)

24F-H043-REL Decision – 1198119.pdf

Uploaded 2026-01-23T18:07:41 (203.0 KB)

24F-H043-REL Decision – 1200350.pdf

Uploaded 2026-01-23T18:07:45 (37.2 KB)

Questions

Question

Is my HOA required to keep minutes for advisory committees?

Short Answer

Yes, if the community documents (like a committee charter or policy) state that minutes must be kept.

Detailed Answer

Even if an HOA argues a committee is only 'advisory' and doesn't take 'actions,' the ALJ ruled that activities like advising, reviewing, and recommending constitute 'actions' within the scope of the committee's duties. Therefore, if the committee's rules say minutes must be kept, failing to do so violates the community documents.

Alj Quote

When the Committee advised, assisted, reviewed, analyzed, recommended, or otherwise took action within the parameters of its Responsibilities and Duties, that was an 'action' by the Committee as established by the Board.

Legal Basis

Community Documents / Bylaws

Topic Tags

  • meeting minutes
  • committees
  • record keeping

Question

Can I demand that the HOA create a specific report to answer my financial questions?

Short Answer

No, the HOA is not required to create new documents that do not already exist.

Detailed Answer

The law requires the HOA to make existing records available for examination. It does not compel the HOA to generate new reports, compile data in a specific format, or create documents they do not currently possess to satisfy a homeowner's request.

Alj Quote

It does not require Respondent to provide documents that it does not have nor does it require Respondent to create documents in response to a request.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • financial records
  • document creation
  • requests

Question

If the management company holds the records, can the HOA claim they don't have them?

Short Answer

No, records held by the management company are considered to be in the HOA's custody.

Detailed Answer

The ALJ explicitly ruled that documents in the custody of the management agent (e.g., AAM) are legally in the custody of the HOA. The HOA is obligated to provide them to members upon request.

Alj Quote

Documents in the custody of AAM are in the custody of Respondent, and Respondent is obligated to provide them to members under A.R.S. § 33-1805.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • management company
  • record custody
  • access to records

Question

Are personal notes taken by committee members considered official HOA records?

Short Answer

No, personal notes or drafts on personal devices are generally not HOA records.

Detailed Answer

The ALJ found that notes, drafts, edits, or comments made by committee members on their personal versions of documents were not records of the Association if the Association did not collect, track, or record them.

Alj Quote

Any notes, drafts, edits, or comments that committee members made on their personal versions were not records of Respondent, which did not collect, track, or record the committee members’ individual notes.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • personal notes
  • official records
  • committees

Question

Does the HOA have to provide previous drafts of a budget or 'working papers'?

Short Answer

Only if they actually kept them. If they overwrite the file, they don't have to produce previous versions.

Detailed Answer

In this case, the HOA used a single spreadsheet that was updated and overwritten as the budget process moved forward. The ALJ ruled that since the HOA did not maintain multiple versions, they were not required to produce previous drafts they no longer possessed.

Alj Quote

Respondent only maintained one version of the spreadsheet, and when changes were made, the spreadsheet was updated… Petitioners failed to meet their burden to support that Respondent did not make records available for review.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • budget
  • draft documents
  • record retention

Question

Is providing the first two pages of a tax return sufficient to fulfill a records request?

Short Answer

No, the HOA must provide the complete tax return and backup documentation.

Detailed Answer

The ALJ found the HOA in violation for providing only the first two pages of Form 1120-H. The homeowner was entitled to the complete tax form and the backup documentation (which the management company or CPA had access to) within 10 days.

Alj Quote

The preponderance of the evidence establishes that Petitioners did not receive full copies of Respondent’s tax returns or backup documentation for the tax returns within ten days of their respective October requests.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • tax returns
  • financial records
  • transparency

Question

Can the ALJ enforce IRS regulations or the Nonprofit Corporation Act during this hearing?

Short Answer

No, the ALJ's jurisdiction is limited to Planned Community statutes and Community Documents.

Detailed Answer

The Administrative Law Judge explicitly stated that the tribunal is not authorized to adjudicate complaints arising from the Arizona Nonprofit Corporations Act or IRS regulations, only Title 33 (Planned Communities) and the specific HOA documents.

Alj Quote

This Tribunal is not authorized to adjudicate complaints arising from the Arizona Nonprofit Corporations Act, Internal Revenue Service regulations, or other laws or regulations.

Legal Basis

A.R.S. § 32-2199

Topic Tags

  • jurisdiction
  • legal authority
  • IRS
  • nonprofit act

Question

If I win my hearing against the HOA, can I get my filing fee back?

Short Answer

Yes, the ALJ has the discretion to order the HOA to reimburse the filing fee.

Detailed Answer

In this case, because the homeowners prevailed on two of their four issues, the ALJ ordered the HOA to pay the homeowners $1,000.00 (half of the $2,000 filing fee).

Alj Quote

IT IS ORDERED that Respondent pay Petitioners the filing fee of $1,000.00, to be paid directly to Petitioners within thirty (30) days of this Order.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • filing fees
  • penalties
  • reimbursement

Case

Docket No
24F-H043-REL
Case Title
Brian Gordon and Rosalie Gordon v. Tucson Estate No. Two Owner's Association
Decision Date
2024-07-10
Alj Name
Samuel Fox
Tribunal
OAH
Agency
ADRE

Questions

Question

Is my HOA required to keep minutes for advisory committees?

Short Answer

Yes, if the community documents (like a committee charter or policy) state that minutes must be kept.

Detailed Answer

Even if an HOA argues a committee is only 'advisory' and doesn't take 'actions,' the ALJ ruled that activities like advising, reviewing, and recommending constitute 'actions' within the scope of the committee's duties. Therefore, if the committee's rules say minutes must be kept, failing to do so violates the community documents.

Alj Quote

When the Committee advised, assisted, reviewed, analyzed, recommended, or otherwise took action within the parameters of its Responsibilities and Duties, that was an 'action' by the Committee as established by the Board.

Legal Basis

Community Documents / Bylaws

Topic Tags

  • meeting minutes
  • committees
  • record keeping

Question

Can I demand that the HOA create a specific report to answer my financial questions?

Short Answer

No, the HOA is not required to create new documents that do not already exist.

Detailed Answer

The law requires the HOA to make existing records available for examination. It does not compel the HOA to generate new reports, compile data in a specific format, or create documents they do not currently possess to satisfy a homeowner's request.

Alj Quote

It does not require Respondent to provide documents that it does not have nor does it require Respondent to create documents in response to a request.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • financial records
  • document creation
  • requests

Question

If the management company holds the records, can the HOA claim they don't have them?

Short Answer

No, records held by the management company are considered to be in the HOA's custody.

Detailed Answer

The ALJ explicitly ruled that documents in the custody of the management agent (e.g., AAM) are legally in the custody of the HOA. The HOA is obligated to provide them to members upon request.

Alj Quote

Documents in the custody of AAM are in the custody of Respondent, and Respondent is obligated to provide them to members under A.R.S. § 33-1805.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • management company
  • record custody
  • access to records

Question

Are personal notes taken by committee members considered official HOA records?

Short Answer

No, personal notes or drafts on personal devices are generally not HOA records.

Detailed Answer

The ALJ found that notes, drafts, edits, or comments made by committee members on their personal versions of documents were not records of the Association if the Association did not collect, track, or record them.

Alj Quote

Any notes, drafts, edits, or comments that committee members made on their personal versions were not records of Respondent, which did not collect, track, or record the committee members’ individual notes.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • personal notes
  • official records
  • committees

Question

Does the HOA have to provide previous drafts of a budget or 'working papers'?

Short Answer

Only if they actually kept them. If they overwrite the file, they don't have to produce previous versions.

Detailed Answer

In this case, the HOA used a single spreadsheet that was updated and overwritten as the budget process moved forward. The ALJ ruled that since the HOA did not maintain multiple versions, they were not required to produce previous drafts they no longer possessed.

Alj Quote

Respondent only maintained one version of the spreadsheet, and when changes were made, the spreadsheet was updated… Petitioners failed to meet their burden to support that Respondent did not make records available for review.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • budget
  • draft documents
  • record retention

Question

Is providing the first two pages of a tax return sufficient to fulfill a records request?

Short Answer

No, the HOA must provide the complete tax return and backup documentation.

Detailed Answer

The ALJ found the HOA in violation for providing only the first two pages of Form 1120-H. The homeowner was entitled to the complete tax form and the backup documentation (which the management company or CPA had access to) within 10 days.

Alj Quote

The preponderance of the evidence establishes that Petitioners did not receive full copies of Respondent’s tax returns or backup documentation for the tax returns within ten days of their respective October requests.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • tax returns
  • financial records
  • transparency

Question

Can the ALJ enforce IRS regulations or the Nonprofit Corporation Act during this hearing?

Short Answer

No, the ALJ's jurisdiction is limited to Planned Community statutes and Community Documents.

Detailed Answer

The Administrative Law Judge explicitly stated that the tribunal is not authorized to adjudicate complaints arising from the Arizona Nonprofit Corporations Act or IRS regulations, only Title 33 (Planned Communities) and the specific HOA documents.

Alj Quote

This Tribunal is not authorized to adjudicate complaints arising from the Arizona Nonprofit Corporations Act, Internal Revenue Service regulations, or other laws or regulations.

Legal Basis

A.R.S. § 32-2199

Topic Tags

  • jurisdiction
  • legal authority
  • IRS
  • nonprofit act

Question

If I win my hearing against the HOA, can I get my filing fee back?

Short Answer

Yes, the ALJ has the discretion to order the HOA to reimburse the filing fee.

Detailed Answer

In this case, because the homeowners prevailed on two of their four issues, the ALJ ordered the HOA to pay the homeowners $1,000.00 (half of the $2,000 filing fee).

Alj Quote

IT IS ORDERED that Respondent pay Petitioners the filing fee of $1,000.00, to be paid directly to Petitioners within thirty (30) days of this Order.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • filing fees
  • penalties
  • reimbursement

Case

Docket No
24F-H043-REL
Case Title
Brian Gordon and Rosalie Gordon v. Tucson Estate No. Two Owner's Association
Decision Date
2024-07-10
Alj Name
Samuel Fox
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Brian Gordon (petitioner)
  • Rosalie Gordon (petitioner)
  • James Tilly (witness)
    Member of Respondent who testified.
  • Leonard Vidovic (witness)
    Also referred to as Leonard Judbec.

Respondent Side

  • Jason E. Smith (HOA attorney)
    SMITH & WAMSLEY, PLLC
  • Sean K. Moynihan (attorney)
    Smith & Wamsley, PLLC
  • Mandy Bates (property manager)
    Associated Asset Management
    Community Manager for Tucson Estates No. Two Owner's Association.
  • Trudy Peterson (finance chair)
    Treasurer and Finance Chair.
  • Rose Spank (board member)
    HOA President in 2012.
  • Janelle Richmond (board member)
    HOA Secretary in 2012.
  • Sharon Matthews (AAM staff)
    AAM
    Referenced in emails regarding accounting procedures (also referred to as Karen Matthews).

Neutral Parties

  • Samuel Fox (ALJ)
    OAH
    Administrative Law Judge for the decision and hearing.
  • Sondra J. Vanella (ALJ)
    OAH
    Signed the initial Order Setting Hearing.
  • Susan Nicolson (ADRE Commissioner)
    Arizona Department of Real Estate
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Listed on transmission/service list.
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Listed on transmission/service list.
  • labril (ADRE staff)
    Arizona Department of Real Estate
    Listed on transmission/service list.
  • mneat (ADRE staff)
    Arizona Department of Real Estate
    Listed on transmission/service list.
  • lrecchia (ADRE staff)
    Arizona Department of Real Estate
    Listed on transmission/service list.
  • gosborn (ADRE staff)
    Arizona Department of Real Estate
    Listed on transmission/service list.

Aaron Solen & Anh Jung v. Power Ranch Community Association

Posted on by

Case Summary

Case ID 24F-H036-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-07-05
Administrative Law Judge Adam D. Stone
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Aaron Solen and Anh Jung Counsel —
Respondent Power Ranch Community Association Counsel Charles H. Oldham

Alleged Violations

A.R.S. §33-1803(B) and Article 5.2.4 of the Association’s by-laws

Outcome Summary

The tribunal granted the petition, finding the Association violated ARIZ. REV. STAT. § 33-1803(B) and CC&R section 5.2.3 by failing to provide Petitioners an opportunity to be heard before imposing monetary penalties. The Respondent was ordered to reimburse the $500 filing fee. However, the tribunal denied all other requests for relief, including the reimbursement of fines, imposition of civil penalties, and forced approval of the modification, citing lack of statutory authority.

Why this result: The tribunal lacks statutory authority to erase fines imposed, force the Association to rewrite its CC&R’s, or force the Association to accept the planters without Petitioners going through the proper Design Review Committee processes.

Key Issues & Findings

Petitioner was issued fines as a result of a Design Review Committee decision and petitioner was not provided an opportunity to appeal to or be heard by the board of directors as required by A.R.S. §33-1803(B) and Article 5, specifically Article 5.2.4 of the Association’s by-laws.

Petitioners were fined for an unapproved modification (planter) without being granted a proper opportunity to be heard by the Board, as required by statute and bylaws, leading to a violation finding against the Association. The May 2023 meeting did not include the hearing, and the June 2023 Executive Session was not deemed a proper 'hearing' due to confusion over the closed session terminology.

Orders: The petition alleging violation of hearing rights was granted. Respondent was ordered to reimburse the Petitioner’s filing fee pursuant to ARIZ. REV. STAT. § 32-2199.02(A). Requests for reimbursement of fines incurred ($400.00), approval of the planters, imposition of a civil penalty, and rewriting CC&R’s procedures were denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1803(B)
  • Article 5.2.4
  • CC&R Section 5.2.3
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: DRC denial, hearing rights, monetary penalty, unapproved modification, executive session, CC&R violation
Additional Citations:

  • ARIZ. REV. STAT. § 33-1803(B)
  • Article 5.2.4
  • CC&R Section 5.2.3
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. § 41-1092

Video Overview

Audio Overview

Decision Documents

24F-H036-REL Decision – 1162665.pdf

Uploaded 2026-01-23T18:06:30 (42.0 KB)

24F-H036-REL Decision – 1184634.pdf

Uploaded 2026-01-23T18:06:33 (40.0 KB)

24F-H036-REL Decision – 1191323.pdf

Uploaded 2026-01-23T18:06:37 (37.4 KB)

24F-H036-REL Decision – 1196403.pdf

Uploaded 2026-01-23T18:06:42 (146.0 KB)





Study Guide – 24F-H036-REL


{
“case”: {
“docket_no”: “24F-H036-REL”,
“case_title”: “Aaron Solen & Anh Jung vs Power Ranch Community Association”,
“decision_date”: “2024-07-05”,
“alj_name”: “Adam D. Stone”,
“tribunal”: “OAH”,
“agency”: “ADRE”
},
“questions”: [
{
“question”: “Does the HOA have to provide a hearing before imposing fines?”,
“short_answer”: “Yes, state law requires notice and an opportunity to be heard before monetary penalties are imposed.”,
“detailed_answer”: “The decision cites Arizona Revised Statutes, which mandate that a board of directors may only impose reasonable monetary penalties after providing the member with notice and an opportunity to be heard regarding the violation.”,
“alj_quote”: “After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association.”,
“legal_basis”: “A.R.S. § 33-1803(B)”,
“topic_tags”: [
“fines”,
“hearings”,
“due process”
]
},
{
“question”: “Can the Administrative Law Judge order the HOA to remove fines from my account?”,
“short_answer”: “No, the tribunal stated it lacks the statutory authority to erase fines.”,
“detailed_answer”: “Even if the homeowner prevails on the procedural issue (like lack of a hearing), the ALJ in this case ruled that they do not have the power to order the fines be removed or erased.”,
“alj_quote”: “However, the tribunal has no statutory authority to erase the fines imposed nor force the Association to rewrite its CC&R’s”,
“legal_basis”: “Administrative Authority”,
“topic_tags”: [
“fines”,
“remedies”,
“jurisdiction”
]
},
{
“question”: “Can the ALJ force the HOA to approve my architectural modification (e.g., planters)?”,
“short_answer”: “No, the tribunal cannot force the HOA to accept improvements that haven’t gone through the proper design review process.”,
“detailed_answer”: “The ALJ denied the request to force approval of the unapproved planters, noting that the homeowners must still go through the association’s Design Review Committee (DRC) processes.”,
“alj_quote”: “nor can it force the Association to accept the planters as is without Petitioners going through the property DRC processes.”,
“legal_basis”: “Administrative Authority”,
“topic_tags”: [
“architectural review”,
“landscaping”,
“remedies”
]
},
{
“question”: “Is an invitation to an ‘Executive Session’ sufficient to satisfy the requirement for a hearing?”,
“short_answer”: “Not necessarily, especially if the terminology is confusing and leads homeowners to believe they cannot attend.”,
“detailed_answer”: “In this case, the ALJ found that inviting homeowners to an Executive Session—which is generally understood to be closed to the public—was confusing. Because the homeowners believed they couldn’t attend, the session did not count as a valid opportunity to be heard.”,
“alj_quote”: “Thus, the tribunal finds that the June 2023 Executive Session was not a “hearing” for purposes of the CC&R’s, and it was not an opportunity to be heard based upon the confusion the Executive Session terminology caused.”,
“legal_basis”: “A.R.S. § 33-1803(B)”,
“topic_tags”: [
“hearings”,
“executive session”,
“meetings”
]
},
{
“question”: “If I own my home through an LLC, can I still file a petition against the HOA?”,
“short_answer”: “Yes, provided you are the member residing at the property and the HOA has treated you as the owner.”,
“detailed_answer”: “The HOA argued the petition was deficient because the title was held by an LLC. The ALJ rejected this, finding the residents were the proper parties because they were members of the association and the HOA sent mail to them individually.”,
“alj_quote”: “At the outset, the tribunal finds that Petitioners are the proper parties to the action. They are the members of the Association, and all mail went directly to Petitioners individually, and not as a member/manager of the LLC.”,
“legal_basis”: “Standing”,
“topic_tags”: [
“LLC ownership”,
“standing”,
“membership”
]
},
{
“question”: “If I win my hearing against the HOA, will I get my filing fee back?”,
“short_answer”: “Yes, the ALJ can order the HOA to reimburse the filing fee.”,
“detailed_answer”: “The decision ordered the Respondent (the HOA) to reimburse the Petitioner’s filing fee pursuant to Arizona statutes.”,
“alj_quote”: “IT IS FURTHER ORDERED pursuant to ARIZ. REV. STAT. § 32-2199.02(A), Respondent shall reimburse Petitioner’s filing fee as required by ARIZ. REV. STAT. § 32-2199.01.”,
“legal_basis”: “A.R.S. § 32-2199.02(A)”,
“topic_tags”: [
“fees”,
“reimbursement”,
“costs”
]
},
{
“question”: “Can the Board delay my hearing to give me time to fix a violation instead of hearing my appeal?”,
“short_answer”: “No, if you requested a hearing, the Board should address it rather than delaying it indefinitely.”,
“detailed_answer”: “The Board delayed the hearing to avoid issuing a final denial, hoping the homeowner would fix the issue. The ALJ ruled that while well-intentioned (“noble gesture”), this delay violated the homeowner’s right to be heard when the matter was not addressed at the monthly meetings.”,
“alj_quote”: “Therefore, although the Board was most generous in delaying the “hearing” to avoid a final decision, the matter should have been addressed in May and June at the monthly meetings and it was not.”,
“legal_basis”: “A.R.S. § 33-1803(B)”,
“topic_tags”: [
“hearings”,
“delays”,
“board conduct”
]
},
{
“question”: “Can the ALJ impose civil penalties on the HOA for their actions?”,
“short_answer”: “It is possible but was denied in this specific case.”,
“detailed_answer”: “The homeowners requested civil penalties against the HOA. The ALJ explicitly denied this request in the final order.”,
“alj_quote”: “IT IS FURTHER ORDERED denying Petitioners’ request for the imposition of a civil penalty…”,
“legal_basis”: “Administrative Discretion”,
“topic_tags”: [
“civil penalties”,
“sanctions”
]
}
]
}






Blog Post – 24F-H036-REL


{
“case”: {
“docket_no”: “24F-H036-REL”,
“case_title”: “Aaron Solen & Anh Jung vs Power Ranch Community Association”,
“decision_date”: “2024-07-05”,
“alj_name”: “Adam D. Stone”,
“tribunal”: “OAH”,
“agency”: “ADRE”
},
“questions”: [
{
“question”: “Does the HOA have to provide a hearing before imposing fines?”,
“short_answer”: “Yes, state law requires notice and an opportunity to be heard before monetary penalties are imposed.”,
“detailed_answer”: “The decision cites Arizona Revised Statutes, which mandate that a board of directors may only impose reasonable monetary penalties after providing the member with notice and an opportunity to be heard regarding the violation.”,
“alj_quote”: “After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association.”,
“legal_basis”: “A.R.S. § 33-1803(B)”,
“topic_tags”: [
“fines”,
“hearings”,
“due process”
]
},
{
“question”: “Can the Administrative Law Judge order the HOA to remove fines from my account?”,
“short_answer”: “No, the tribunal stated it lacks the statutory authority to erase fines.”,
“detailed_answer”: “Even if the homeowner prevails on the procedural issue (like lack of a hearing), the ALJ in this case ruled that they do not have the power to order the fines be removed or erased.”,
“alj_quote”: “However, the tribunal has no statutory authority to erase the fines imposed nor force the Association to rewrite its CC&R’s”,
“legal_basis”: “Administrative Authority”,
“topic_tags”: [
“fines”,
“remedies”,
“jurisdiction”
]
},
{
“question”: “Can the ALJ force the HOA to approve my architectural modification (e.g., planters)?”,
“short_answer”: “No, the tribunal cannot force the HOA to accept improvements that haven’t gone through the proper design review process.”,
“detailed_answer”: “The ALJ denied the request to force approval of the unapproved planters, noting that the homeowners must still go through the association’s Design Review Committee (DRC) processes.”,
“alj_quote”: “nor can it force the Association to accept the planters as is without Petitioners going through the property DRC processes.”,
“legal_basis”: “Administrative Authority”,
“topic_tags”: [
“architectural review”,
“landscaping”,
“remedies”
]
},
{
“question”: “Is an invitation to an ‘Executive Session’ sufficient to satisfy the requirement for a hearing?”,
“short_answer”: “Not necessarily, especially if the terminology is confusing and leads homeowners to believe they cannot attend.”,
“detailed_answer”: “In this case, the ALJ found that inviting homeowners to an Executive Session—which is generally understood to be closed to the public—was confusing. Because the homeowners believed they couldn’t attend, the session did not count as a valid opportunity to be heard.”,
“alj_quote”: “Thus, the tribunal finds that the June 2023 Executive Session was not a “hearing” for purposes of the CC&R’s, and it was not an opportunity to be heard based upon the confusion the Executive Session terminology caused.”,
“legal_basis”: “A.R.S. § 33-1803(B)”,
“topic_tags”: [
“hearings”,
“executive session”,
“meetings”
]
},
{
“question”: “If I own my home through an LLC, can I still file a petition against the HOA?”,
“short_answer”: “Yes, provided you are the member residing at the property and the HOA has treated you as the owner.”,
“detailed_answer”: “The HOA argued the petition was deficient because the title was held by an LLC. The ALJ rejected this, finding the residents were the proper parties because they were members of the association and the HOA sent mail to them individually.”,
“alj_quote”: “At the outset, the tribunal finds that Petitioners are the proper parties to the action. They are the members of the Association, and all mail went directly to Petitioners individually, and not as a member/manager of the LLC.”,
“legal_basis”: “Standing”,
“topic_tags”: [
“LLC ownership”,
“standing”,
“membership”
]
},
{
“question”: “If I win my hearing against the HOA, will I get my filing fee back?”,
“short_answer”: “Yes, the ALJ can order the HOA to reimburse the filing fee.”,
“detailed_answer”: “The decision ordered the Respondent (the HOA) to reimburse the Petitioner’s filing fee pursuant to Arizona statutes.”,
“alj_quote”: “IT IS FURTHER ORDERED pursuant to ARIZ. REV. STAT. § 32-2199.02(A), Respondent shall reimburse Petitioner’s filing fee as required by ARIZ. REV. STAT. § 32-2199.01.”,
“legal_basis”: “A.R.S. § 32-2199.02(A)”,
“topic_tags”: [
“fees”,
“reimbursement”,
“costs”
]
},
{
“question”: “Can the Board delay my hearing to give me time to fix a violation instead of hearing my appeal?”,
“short_answer”: “No, if you requested a hearing, the Board should address it rather than delaying it indefinitely.”,
“detailed_answer”: “The Board delayed the hearing to avoid issuing a final denial, hoping the homeowner would fix the issue. The ALJ ruled that while well-intentioned (“noble gesture”), this delay violated the homeowner’s right to be heard when the matter was not addressed at the monthly meetings.”,
“alj_quote”: “Therefore, although the Board was most generous in delaying the “hearing” to avoid a final decision, the matter should have been addressed in May and June at the monthly meetings and it was not.”,
“legal_basis”: “A.R.S. § 33-1803(B)”,
“topic_tags”: [
“hearings”,
“delays”,
“board conduct”
]
},
{
“question”: “Can the ALJ impose civil penalties on the HOA for their actions?”,
“short_answer”: “It is possible but was denied in this specific case.”,
“detailed_answer”: “The homeowners requested civil penalties against the HOA. The ALJ explicitly denied this request in the final order.”,
“alj_quote”: “IT IS FURTHER ORDERED denying Petitioners’ request for the imposition of a civil penalty…”,
“legal_basis”: “Administrative Discretion”,
“topic_tags”: [
“civil penalties”,
“sanctions”
]
}
]
}


Case Participants

Petitioner Side

  • Aaron Solen (petitioner)
    ACRE Holdings, LLC
  • Anh Jung (petitioner)
    ACRE Holdings, LLC
    Also known as Ann Young

Respondent Side

  • Charles H. Oldham (HOA attorney)
    CHDB Law LLP
  • Jennifer Partridge (property manager/witness)
    CCMC
    Also known as Jennifer Campbell; Executive Director for Power Ranch
  • Nick Ferre (property manager)
    CCMC
    Jennifer Partridge's supervisor
  • Allison Sanchez (property manager)
    CCMC
  • Chris Ecknar (board member)
    Power Ranch Community Association
    Listed attendee in contested board minutes exhibit
  • Josh Bolen (HOA attorney)
    CHDB Law LLP
  • Marcus R. Martinez (HOA attorney)
    Carpenter Hazlewood
    Listed in early transmission list with Respondent's counsel
  • Curtis Mark (HOA attorney)
    Power Ranch Community Association
    Association attorney

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Susan Nicolson (commissioner)
    ADRE

Other Participants

  • Sherikillo (witness)
    Neighbor
    Confirmed petitioner's topic was raised at May 2023 board meeting

Kenneth M. Halal v. Eagle Crest Ranch Homeowners Association

Posted on by

Case Summary

Case ID 24F-H045-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-06-26
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Kenneth M. Halal Counsel —
Respondent Eagle Crest Ranch Homeowners Association Counsel Alexandra M. Kurtyka

Alleged Violations

A.R.S. §§ 33-1803, 33-1804; Bylaws Article 2.3, 5.2

Outcome Summary

The Petitioner's request was dismissed. The Administrative Law Judge determined that Petitioner failed to meet the burden of proof, as the restriction of access to the Townsquare forum was a unilateral decision made by Townsquare, a separate legal entity. The cited statutes and Bylaws regarding due process for violations of Project Documents were found inapplicable because Townsquare and its Terms of Use are not governed by the HOA’s Project Documents.

Why this result: Petitioner failed to meet the burden of proof, and the cited statutes and bylaw provisions were found inapplicable since the Townsquare platform is not owned or managed by the HOA, and the restriction was imposed solely by Townsquare based on its Terms of Use, which are not HOA Project Documents.

Key Issues & Findings

Due process violation regarding removal from HOA website forum (Townsquare Forum)

Petitioner alleged violation of A.R.S. §§ 33-1803 and 33-1804, and Bylaws 2.3 and 5.2, arguing the HOA failed to provide due process when restricting his access to the Townsquare online forum. The ALJ found the cited provisions inapplicable as the restriction was imposed solely by Townsquare, a third-party entity whose Terms of Use are not Project Documents.

Orders: Petition dismissed because Petitioner failed to prove by a preponderance of the evidence that Respondent violated the cited statutes or Bylaws.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1803
  • A.R.S. § 33-1804
  • Bylaws Article 2.3
  • Bylaws Section 5.2

Analytics Highlights

Topics: HOA Dispute, Due Process, Online Forum, Townsquare, Third-Party Vendor, Project Documents
Additional Citations:

  • A.R.S. § 33-1803
  • A.R.S. § 33-1804
  • A.R.S. § 32-2199
  • Bylaws Article 2.3
  • Bylaws Section 5.2
  • CC&Rs Article 1 Section 1.36
  • Townsquare Terms of Use

Video Overview

Audio Overview

Decision Documents

24F-H045-REL Decision – 1183806.pdf

Uploaded 2026-01-23T18:08:33 (61.3 KB)

24F-H045-REL Decision – 1186944.pdf

Uploaded 2026-01-23T18:08:40 (45.9 KB)

24F-H045-REL Decision – 1193702.pdf

Uploaded 2026-01-23T18:08:55 (171.0 KB)

Questions

Question

Can my HOA be held responsible if a third-party vendor (like a website or app) bans me from their platform?

Short Answer

No, not if the vendor is a separate legal entity that makes its own decisions regarding its Terms of Use.

Detailed Answer

The ALJ ruled that if a platform is a separate legal entity and the HOA has no control over its Terms of Use or decisions, the HOA is not responsible for the vendor's unilateral decision to restrict a user.

Alj Quote

Townsquare is a separate and distinct legal entity from Respondent and Respondent has no control over Townsquare, its Terms of Use, or its decisions.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • HOA obligations
  • third-party vendors
  • liability

Question

Are the 'Terms of Use' for a community website considered official HOA 'Project Documents'?

Short Answer

No, third-party Terms of Use are not considered Project Documents.

Detailed Answer

The decision clarified that terms set by a third-party vendor do not fall under the legal definition of Project Documents (like CC&Rs or Bylaws), meaning a violation of them is not a violation of HOA rules.

Alj Quote

Townsquare’s Terms of Use is not a Project Document as that term is defined in the CC&Rs Article 1, Section 1.36.

Legal Basis

Findings of Fact #18

Topic Tags

  • governing documents
  • definitions
  • online platforms

Question

Does the HOA have to provide notice and a hearing before I am restricted from an online forum?

Short Answer

Not if the restriction is by a third party and no fine is levied by the HOA.

Detailed Answer

The due process requirements (notice and hearing) found in HOA bylaws typically apply when the Board alleges a violation of Project Documents or levies a fine. They do not apply when a third party restricts access based on their own rules.

Alj Quote

The Administrative Law Judge finds that this section is inapplicable to this matter as the Board has not levied a fine against Petitioner, nor has the Board alleged a violation of the Project Documents by Petitioner.

Legal Basis

Findings of Fact #18

Topic Tags

  • due process
  • hearings
  • fines

Question

What specifically counts as a 'Project Document' in an Arizona HOA?

Short Answer

The Declaration, Articles, Bylaws, Association Rules, and Architectural Committee Rules.

Detailed Answer

The decision cites the specific definition from the CC&Rs, limiting Project Documents to the formal governing instruments of the association.

Alj Quote

Project Document means this Replacement Declaration, the Articles, the Bylaws, the Association Rules and the Architectural Committee Rules.

Legal Basis

Findings of Fact #4

Topic Tags

  • definitions
  • governing documents

Question

Does the HOA Board need to vote in an open meeting to ban a resident from a third-party app?

Short Answer

No, if the decision is made unilaterally by the app provider.

Detailed Answer

If the third-party entity makes the sole determination to restrict a user based on a violation of their Terms of Use, the HOA Board is not taking an action that requires a vote or meeting.

Alj Quote

In this case, Townsquare, a separate legal entity not affiliated with Respondent, made the unilateral decision to restrict Petitioner’s use of the platform based upon its sole decision that Petitioner violated its Terms of Use.

Legal Basis

Conclusions of Law #6

Topic Tags

  • open meetings
  • board voting
  • procedural requirements

Question

What is the burden of proof for a homeowner filing a complaint against their HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner (Petitioner) must prove that their claims are more probably true than not. This is the standard evidentiary weight required in these administrative hearings.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent committed the alleged violation by a preponderance of the evidence.

Legal Basis

Conclusions of Law #2

Topic Tags

  • legal standards
  • burden of proof

Question

Does a platform's 'Terms of Use' override the lack of HOA policy on social media?

Short Answer

Yes, the platform's rules apply independently of HOA documents.

Detailed Answer

Even if the HOA doesn't have a specific policy for the platform, the platform's own Terms of Use govern user behavior, and the platform is not governed by the HOA's documents.

Alj Quote

Townsquare is not governed by Respondent’s community documents and its Terms of Use are not Project Documents.

Legal Basis

Conclusions of Law #6

Topic Tags

  • social media
  • rules enforcement
  • jurisdiction

Case

Docket No
24F-H045-REL
Case Title
Kenneth M. Halal v. Eagle Crest Ranch Homeowners Association
Decision Date
2024-06-26
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Questions

Question

Can my HOA be held responsible if a third-party vendor (like a website or app) bans me from their platform?

Short Answer

No, not if the vendor is a separate legal entity that makes its own decisions regarding its Terms of Use.

Detailed Answer

The ALJ ruled that if a platform is a separate legal entity and the HOA has no control over its Terms of Use or decisions, the HOA is not responsible for the vendor's unilateral decision to restrict a user.

Alj Quote

Townsquare is a separate and distinct legal entity from Respondent and Respondent has no control over Townsquare, its Terms of Use, or its decisions.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • HOA obligations
  • third-party vendors
  • liability

Question

Are the 'Terms of Use' for a community website considered official HOA 'Project Documents'?

Short Answer

No, third-party Terms of Use are not considered Project Documents.

Detailed Answer

The decision clarified that terms set by a third-party vendor do not fall under the legal definition of Project Documents (like CC&Rs or Bylaws), meaning a violation of them is not a violation of HOA rules.

Alj Quote

Townsquare’s Terms of Use is not a Project Document as that term is defined in the CC&Rs Article 1, Section 1.36.

Legal Basis

Findings of Fact #18

Topic Tags

  • governing documents
  • definitions
  • online platforms

Question

Does the HOA have to provide notice and a hearing before I am restricted from an online forum?

Short Answer

Not if the restriction is by a third party and no fine is levied by the HOA.

Detailed Answer

The due process requirements (notice and hearing) found in HOA bylaws typically apply when the Board alleges a violation of Project Documents or levies a fine. They do not apply when a third party restricts access based on their own rules.

Alj Quote

The Administrative Law Judge finds that this section is inapplicable to this matter as the Board has not levied a fine against Petitioner, nor has the Board alleged a violation of the Project Documents by Petitioner.

Legal Basis

Findings of Fact #18

Topic Tags

  • due process
  • hearings
  • fines

Question

What specifically counts as a 'Project Document' in an Arizona HOA?

Short Answer

The Declaration, Articles, Bylaws, Association Rules, and Architectural Committee Rules.

Detailed Answer

The decision cites the specific definition from the CC&Rs, limiting Project Documents to the formal governing instruments of the association.

Alj Quote

Project Document means this Replacement Declaration, the Articles, the Bylaws, the Association Rules and the Architectural Committee Rules.

Legal Basis

Findings of Fact #4

Topic Tags

  • definitions
  • governing documents

Question

Does the HOA Board need to vote in an open meeting to ban a resident from a third-party app?

Short Answer

No, if the decision is made unilaterally by the app provider.

Detailed Answer

If the third-party entity makes the sole determination to restrict a user based on a violation of their Terms of Use, the HOA Board is not taking an action that requires a vote or meeting.

Alj Quote

In this case, Townsquare, a separate legal entity not affiliated with Respondent, made the unilateral decision to restrict Petitioner’s use of the platform based upon its sole decision that Petitioner violated its Terms of Use.

Legal Basis

Conclusions of Law #6

Topic Tags

  • open meetings
  • board voting
  • procedural requirements

Question

What is the burden of proof for a homeowner filing a complaint against their HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner (Petitioner) must prove that their claims are more probably true than not. This is the standard evidentiary weight required in these administrative hearings.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent committed the alleged violation by a preponderance of the evidence.

Legal Basis

Conclusions of Law #2

Topic Tags

  • legal standards
  • burden of proof

Question

Does a platform's 'Terms of Use' override the lack of HOA policy on social media?

Short Answer

Yes, the platform's rules apply independently of HOA documents.

Detailed Answer

Even if the HOA doesn't have a specific policy for the platform, the platform's own Terms of Use govern user behavior, and the platform is not governed by the HOA's documents.

Alj Quote

Townsquare is not governed by Respondent’s community documents and its Terms of Use are not Project Documents.

Legal Basis

Conclusions of Law #6

Topic Tags

  • social media
  • rules enforcement
  • jurisdiction

Case

Docket No
24F-H045-REL
Case Title
Kenneth M. Halal v. Eagle Crest Ranch Homeowners Association
Decision Date
2024-06-26
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Kenneth M. Halal (petitioner)
  • Margot Castro (witness)
  • Patricia Schell (witness)
    Also referred to as Patricia Shell

Respondent Side

  • Alexandra M. Kurtyka (HOA attorney)
    CHDB Law LLP
  • Mark K. Sahl (HOA attorney)
    CHDB Law LLP
  • Donald A. Morris (board member)
    Eagle Crest Ranch Homeowners Association
    Testified as witness for Respondent; former President of the Board
  • Claudia Oberthier (witness)
    Spelled as 'O B E R T H I E R' during appearance; initially listed as 'Claudia Albert'
  • Salina Watson (property manager)
    Associa Arizona
    Subpoenaed by Petitioner

Neutral Parties

  • Sondra J. Vanella (ALJ)
    OAH
  • Susan Nicolson (Commissioner)
    ADRE
  • vnunez (ADRE Staff)
    ADRE
    Listed on service list
  • djones (ADRE Staff)
    ADRE
    Listed on service list
  • labril (ADRE Staff)
    ADRE
    Listed on service list
  • mneat (ADRE Staff)
    ADRE
    Listed on service list
  • lrecchia (ADRE Staff)
    ADRE
    Listed on service list
  • gosborn (ADRE Staff)
    ADRE
    Listed on service list

Other Participants

  • Bryan Hughes (witness (subpoenaed))
    Subpoena quashed
  • Ken Humphrey (witness (subpoenaed))
    Subpoena quashed
  • Eli Boyd (witness (subpoenaed))
    Subpoena quashed
  • Dane Gilmore (witness (subpoenaed))
    Subpoena quashed

R.L. Whitmer v. Hilton Casitas Council of Homeowners

Posted on by

Case Summary

Case ID 24F-H034-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-05-30
Administrative Law Judge Amy M. Haley
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner R.L. Whitmer Counsel —
Respondent Hilton Casitas Council of Homeowners Counsel Emily H. Mann

Alleged Violations

Section 23.9

Outcome Summary

The ALJ granted the Respondent's motion to dismiss the petition, finding that the Petitioner's claim regarding the August 2016 adoption of rules was a breach of contract claim barred by the six-year statute of limitations.

Why this result: The Petitioner failed to file the petition within the six-year statute of limitations applicable to breach of contract claims in Arizona.

Key Issues & Findings

Unauthorized Rule Adoption

Petitioner alleged the HOA board breached Section 23.9 of the CC&Rs by adopting rules and regulations on August 19, 2016 without proper authority.

Orders: Petitioner's Motion for Summary Judgment was denied and Respondent's Motion to Dismiss was granted. The complaint was dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. 12-548(A)
  • Powell v. Washburn, 211 Ariz. 553

Decision Documents

24F-H034-REL Decision – 1169191.pdf

Uploaded 2026-02-28T18:27:56 (49.5 KB)

24F-H034-REL Decision – 1170407.pdf

Uploaded 2026-02-28T18:27:57 (53.9 KB)

24F-H034-REL Decision – 1179078.pdf

Uploaded 2026-02-28T18:27:57 (72.0 KB)

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

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

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

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

Case Participants

Petitioner Side

  • R.L. Whitmer (petitioner)
    Representing himself

Respondent Side

  • Emily H. Mann (HOA attorney)
    Phillips, Maceyko & Battock, PLLC

Neutral Parties

  • Amy M. Haley (ALJ)
    Office of Administrative Hearings
  • Susan Nicolson (commissioner)
    Arizona Department of Real Estate

Jeffrey Connell & Corey Cox v. Casa Del Monte, INC.

Posted on by

Case Summary

Case ID 24F-H024-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-05-20
Administrative Law Judge Jenna Clark
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Jeffrey Connell & Corey Cox Counsel Ross Meyer, Esq.
Respondent Casa Del Monte, Inc. Counsel Solomon Krotzer, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1248

Outcome Summary

The Administrative Law Judge denied the Petitioners' petition, concluding they failed to meet their burden of proving a violation of ARIZ. REV. STAT. § 33-1248 regarding the May 19, 2023, Executive Board Meeting.

Why this result: Petitioners failed to prove the statutory violation by a preponderance of the evidence, as the Executive Session was deemed appropriate for receiving legal advice or conducting discussion related thereto, which falls under ARIZ. REV. STAT. § 33-1248(A)(1).

Key Issues & Findings

Alleged violation of open meeting law concerning Executive Board Meeting on May 19, 2023

Petitioners alleged the Association violated ARS § 33-1248 by improperly conducting business (Code of Conduct review and vote on minutes) in a closed Executive Session on May 19, 2023, and by failing to provide 48-hour notice.

Orders: Petitioners' petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. REV. STAT. § 33-1248(A)(1)

Analytics Highlights

Topics: HOA Open Meeting Law, Executive Session, Legal Advice Exception, Code of Conduct, Burden of Proof, Condominium Association Statute, Filing Fee
Additional Citations:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. REV. STAT. § 33-1248(A)(1)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.

Video Overview

Audio Overview

Decision Documents

24F-H024-REL Decision – 1138580.pdf

Uploaded 2026-01-23T18:03:38 (54.3 KB)

24F-H024-REL Decision – 1144884.pdf

Uploaded 2026-01-23T18:03:41 (50.1 KB)

24F-H024-REL Decision – 1146526.pdf

Uploaded 2026-01-23T18:03:44 (61.9 KB)

24F-H024-REL Decision – 1161533.pdf

Uploaded 2026-01-23T18:03:47 (48.9 KB)

24F-H024-REL Decision – 1179547.pdf

Uploaded 2026-01-23T18:03:52 (132.9 KB)

Questions

Question

Who is responsible for proving that the HOA violated the law in a hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

The homeowner must prove by a 'preponderance of the evidence' that the HOA committed the alleged violation. This means showing that the claim is more likely true than not.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent committed the alleged statutory violation.

Legal Basis

Preponderance of the Evidence

Topic Tags

  • burden of proof
  • legal standards
  • procedure

Question

Can the HOA board go into a closed executive session to get legal advice?

Short Answer

Yes, the board may close a meeting to receive legal advice from the association's attorney.

Detailed Answer

State statute explicitly allows portions of meetings to be closed if limited to consideration of legal advice from an attorney for the board or association. Legal advice is defined broadly as guidance given by lawyers to their clients.

Alj Quote

ARIZ. REV. STAT. § 33-1248(A)(1) provides, in pertinent part, that 'Any portion of a meeting may be closed only if that portion of the meeting is limited to consideration of one or more of the following: (1) legal advice from an attorney for the board or the association.'

Legal Basis

A.R.S. § 33-1248(A)(1)

Topic Tags

  • executive session
  • legal advice
  • open meeting laws

Question

If I file a petition for one specific violation, can I bring up other issues during the hearing?

Short Answer

No, the tribunal will generally only address the specific issue paid for in the petition.

Detailed Answer

The ALJ may refuse to address tangential issues or additional complaints raised during the hearing if the petitioner only paid the filing fee for the adjudication of a single specific issue.

Alj Quote

Because Petitioners only paid for the adjudication of one (1) issue, this Tribunal may not address all of the tangential issues Petitioners raised during the presentation of their case or closing arguments, including whether the Association properly provided notice of its May 19, 2023, Board Meeting.

Legal Basis

Procedural Scope

Topic Tags

  • hearing procedure
  • filing fees
  • scope of hearing

Question

Does draft language stating a policy 'has been approved' prove the board secretly voted on it?

Short Answer

No, the tense used in a draft document is considered irrelevant if the document was not actually adopted.

Detailed Answer

Even if a proposed document uses language like 'The Board… has approved,' this is considered a 'red herring' if the evidence shows the document was merely a proposal that board members were advised to sign but ultimately declined.

Alj Quote

The fact that language in the proposal used current language, rather than future tense, is a Red Herring argument and irrelevant.

Legal Basis

N/A

Topic Tags

  • evidence
  • board documents
  • voting

Question

Is it a violation for the board to discuss public materials (like a website printout) in executive session?

Short Answer

Not necessarily, provided that discussing those materials was not the sole purpose of the closed session.

Detailed Answer

While discussing public materials alone is technically not legal advice, it does not invalidate an executive session if the session also included legitimate purposes, such as receiving counsel's advice on other matters.

Alj Quote

While it is accurate that going into Executive Session for the purpose of discussing reading materials printed from a public website regarding revision of Association’s governing documents is not technically legal advice, as it is inherently unprivileged documentation, this record reflects that this was not the sole purpose of closing the Board Meeting from the public.

Legal Basis

A.R.S. § 33-1248

Topic Tags

  • executive session
  • public records
  • violations

Question

What is the standard of proof required to win an HOA dispute case?

Short Answer

Preponderance of the evidence.

Detailed Answer

This standard requires proof that convinces the judge that the claim is 'more probably true than not.' It is based on the convincing force and weight of the evidence, not just the number of witnesses.

Alj Quote

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

Legal Basis

Standard of Proof

Topic Tags

  • legal standards
  • evidence

Question

Can the board discuss a Code of Conduct in executive session?

Short Answer

Yes, if the discussion involves receiving legal advice or guidance from the association's attorney.

Detailed Answer

The ALJ found no violation when the board went into executive session to discuss a Code of Conduct because the board members were receiving information, asking questions, and being advised by counsel regarding the document.

Alj Quote

The crux of the underlying issue is that newly elected Board Members, Petitioners, were provided with information regarding the Code of Conduct, the opportunity to discuss and ask questions privately, and advised to sign by Counsel for the Association; which they declined as was their right.

Legal Basis

A.R.S. § 33-1248(A)(1)

Topic Tags

  • code of conduct
  • executive session
  • board meetings

Case

Docket No
24F-H024-REL
Case Title
Jeffrey Connell & Corey Cox v. Casa Del Monte, Inc.
Decision Date
2024-05-20
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE

Questions

Question

Who is responsible for proving that the HOA violated the law in a hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

The homeowner must prove by a 'preponderance of the evidence' that the HOA committed the alleged violation. This means showing that the claim is more likely true than not.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent committed the alleged statutory violation.

Legal Basis

Preponderance of the Evidence

Topic Tags

  • burden of proof
  • legal standards
  • procedure

Question

Can the HOA board go into a closed executive session to get legal advice?

Short Answer

Yes, the board may close a meeting to receive legal advice from the association's attorney.

Detailed Answer

State statute explicitly allows portions of meetings to be closed if limited to consideration of legal advice from an attorney for the board or association. Legal advice is defined broadly as guidance given by lawyers to their clients.

Alj Quote

ARIZ. REV. STAT. § 33-1248(A)(1) provides, in pertinent part, that 'Any portion of a meeting may be closed only if that portion of the meeting is limited to consideration of one or more of the following: (1) legal advice from an attorney for the board or the association.'

Legal Basis

A.R.S. § 33-1248(A)(1)

Topic Tags

  • executive session
  • legal advice
  • open meeting laws

Question

If I file a petition for one specific violation, can I bring up other issues during the hearing?

Short Answer

No, the tribunal will generally only address the specific issue paid for in the petition.

Detailed Answer

The ALJ may refuse to address tangential issues or additional complaints raised during the hearing if the petitioner only paid the filing fee for the adjudication of a single specific issue.

Alj Quote

Because Petitioners only paid for the adjudication of one (1) issue, this Tribunal may not address all of the tangential issues Petitioners raised during the presentation of their case or closing arguments, including whether the Association properly provided notice of its May 19, 2023, Board Meeting.

Legal Basis

Procedural Scope

Topic Tags

  • hearing procedure
  • filing fees
  • scope of hearing

Question

Does draft language stating a policy 'has been approved' prove the board secretly voted on it?

Short Answer

No, the tense used in a draft document is considered irrelevant if the document was not actually adopted.

Detailed Answer

Even if a proposed document uses language like 'The Board… has approved,' this is considered a 'red herring' if the evidence shows the document was merely a proposal that board members were advised to sign but ultimately declined.

Alj Quote

The fact that language in the proposal used current language, rather than future tense, is a Red Herring argument and irrelevant.

Legal Basis

N/A

Topic Tags

  • evidence
  • board documents
  • voting

Question

Is it a violation for the board to discuss public materials (like a website printout) in executive session?

Short Answer

Not necessarily, provided that discussing those materials was not the sole purpose of the closed session.

Detailed Answer

While discussing public materials alone is technically not legal advice, it does not invalidate an executive session if the session also included legitimate purposes, such as receiving counsel's advice on other matters.

Alj Quote

While it is accurate that going into Executive Session for the purpose of discussing reading materials printed from a public website regarding revision of Association’s governing documents is not technically legal advice, as it is inherently unprivileged documentation, this record reflects that this was not the sole purpose of closing the Board Meeting from the public.

Legal Basis

A.R.S. § 33-1248

Topic Tags

  • executive session
  • public records
  • violations

Question

What is the standard of proof required to win an HOA dispute case?

Short Answer

Preponderance of the evidence.

Detailed Answer

This standard requires proof that convinces the judge that the claim is 'more probably true than not.' It is based on the convincing force and weight of the evidence, not just the number of witnesses.

Alj Quote

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

Legal Basis

Standard of Proof

Topic Tags

  • legal standards
  • evidence

Question

Can the board discuss a Code of Conduct in executive session?

Short Answer

Yes, if the discussion involves receiving legal advice or guidance from the association's attorney.

Detailed Answer

The ALJ found no violation when the board went into executive session to discuss a Code of Conduct because the board members were receiving information, asking questions, and being advised by counsel regarding the document.

Alj Quote

The crux of the underlying issue is that newly elected Board Members, Petitioners, were provided with information regarding the Code of Conduct, the opportunity to discuss and ask questions privately, and advised to sign by Counsel for the Association; which they declined as was their right.

Legal Basis

A.R.S. § 33-1248(A)(1)

Topic Tags

  • code of conduct
  • executive session
  • board meetings

Case

Docket No
24F-H024-REL
Case Title
Jeffrey Connell & Corey Cox v. Casa Del Monte, Inc.
Decision Date
2024-05-20
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Jeffrey Connell (petitioner)
    Casa Del Monte, Inc. HOA
    Also served as a board member.
  • Corey Cox (petitioner)
    Casa Del Monte, Inc. HOA
    Also served as a board member.
  • Ross Meyer (attorney)
    Meyer & Partners, PLLC; Enara Law PLLC
    Counsel for Petitioners.
  • Jonathan Dessaules (witness)
    The Sol Law Group
    Testified as a subject matter expert/HOA attorney.
  • Matthew Elias (attorney)
    Enara Law PLLC
    Counsel for Petitioners; listed in final decision transmittal.

Respondent Side

  • Lori N. Brown (attorney)
    Gordon Rees Scully Mansukahani, LLP
    Counsel for Respondent.
  • Benjamin Bednarek (attorney)
    Gordon Rees Scully Mansukahani, LLP
    Counsel for Respondent.
  • Curtis Ekmark (HOA attorney)
    Casa Del Monte, Inc. HOA
    Association Corporate Counsel/General Counsel.
  • Solomon Krotzer (attorney)
    Gordon Rees Scully Mansukahani, LLP
    Counsel for Respondent; appeared at hearing (referred to as 'Paulo' once).
  • Mary Lou Ehmann (property manager)
    Pride Management
    Former Community Manager for Casa Del Monte; provided testimony.
  • Jonathan Ryder (board president)
    Casa Del Monte, Inc. HOA
    Also referred to as John Ryder.
  • Jean Yen (board member)
    Casa Del Monte, Inc. HOA
    Also referred to as Jeannie Yen; Treasurer.
  • Bill McMichael (board member)
    Casa Del Monte, Inc. HOA
    Vice President.
  • Jim Burton (board member)
    Casa Del Monte, Inc. HOA
    Secretary.

Neutral Parties

  • Jenna Clark (ALJ)
    OAH
  • Susan Nicolson (Commissioner)
    ADRE
  • AHansen (ADRE staff)
    ADRE
    Recipient of official case transmission.
  • vnunez (ADRE staff)
    ADRE
    Recipient of official case transmission.
  • djones (ADRE staff)
    ADRE
    Recipient of official case transmission.
  • labril (ADRE staff)
    ADRE
    Recipient of official case transmission.
  • kvanfredenberg (ADRE staff)
    ADRE
    Recipient of official case transmission.

Robert P Fink & Brittany L Oleson v. Casas Arroyo Association, Inc.

Posted on by

Case Summary

Case ID 24F-H023-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-05-16
Administrative Law Judge Sondra J. Vanella
Outcome total_loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Robert P. Fink & Brittany L. Oleson Counsel —
Respondent Casas Arroyo Association, Inc. Counsel David Onuschak, Esq.

Alleged Violations

Article II Section 1(c)

Outcome Summary

Petitioners failed to establish by a preponderance of the evidence that Respondent violated CC&R Article II Section 1(c). The cited provision was inapplicable because the security gate installation did not involve transferring common area to a public agency or increasing the density of residences (the clause was read conjunctively).

Why this result: CC&R Article II Section 1(c) was inapplicable because the sentence regarding improvements and density was written in the conjunctive using the word “and,” meaning the improvement must both be placed upon the common area AND increase the density of residences, neither of which applied to the security gate installation.

Key Issues & Findings

Violation of CC&Rs regarding vote threshold for placing improvements on common area.

Petitioners alleged Respondent HOA violated CC&R Article II Section 1(c) by approving the installation of a security gate on the common area using a two-thirds standard of those who voted (resulting in 27 affirmative votes, 69-72% approval rate) when they asserted three quarters (3/4 or 30 votes out of 39 eligible lots) of eligible votes was required for an improvement on the common area.

Orders: Petitioners’ Petition is dismissed; no action is required of Respondent.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 41-1092.09
  • CC&R Article II Section 1(c)
  • CC&R Article IV Section 2

Video Overview

Audio Overview

Decision Documents

24F-H023-REL Decision – 1133251.pdf

Uploaded 2026-01-23T18:03:24 (51.2 KB)

24F-H023-REL Decision – 1135497.pdf

Uploaded 2026-01-23T18:03:25 (54.9 KB)

24F-H023-REL Decision – 1168799.pdf

Uploaded 2026-01-23T18:03:26 (47.6 KB)

24F-H023-REL Decision – 1178674.pdf

Uploaded 2026-01-23T18:03:29 (136.5 KB)

Questions

Question

Who is responsible for proving that an HOA violated the CC&Rs during a dispute hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proof to establish the violation.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the burden falls on the homeowner filing the petition to prove that the HOA committed the alleged violation. The standard of proof required is a 'preponderance of the evidence'.

Alj Quote

Petitioners bear the burden of proof to establish that Respondent committed the alleged violation by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1)

Topic Tags

  • burden of proof
  • procedural requirements
  • evidence

Question

What does 'preponderance of the evidence' mean in an HOA hearing?

Short Answer

It means the evidence shows the claim is more probably true than not.

Detailed Answer

This legal standard requires that the evidence presented has superior weight and is convincing enough to incline a fair mind to one side of the issue over the other. It is not necessarily about having a greater number of witnesses.

Alj Quote

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

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • legal standards
  • evidence
  • definitions

Question

Can I interpret a specific sentence in the CC&Rs in isolation to prove a violation?

Short Answer

No, CC&R provisions must be interpreted within the context of the entire provision.

Detailed Answer

A homeowner cannot cherry-pick a specific clause or sentence to claim a violation. The Administrative Law Judge will look at the entire section to understand the intended scope and application of the restriction.

Alj Quote

One cannot read Section 1(c) of Article II without taking into consideration the context of the entire provision

Legal Basis

Contract Interpretation Principles

Topic Tags

  • CC&R interpretation
  • legal standards
  • context

Question

How does the word 'and' affect the interpretation of restrictions in the CC&Rs?

Short Answer

The word 'and' is conjunctive, meaning clauses it connects must be read together, not as separate independent choices.

Detailed Answer

If a CC&R provision lists restrictions connected by 'and' (e.g., no improvements AND no actions increasing density), it implies the conditions are linked. The ALJ distinguished this from the disjunctive 'or'. In this case, a restriction on improvements was linked to increasing density/transferring land because they were joined by 'and'.

Alj Quote

This sentence is written in the conjunctive. The word 'and' is used to connect the two clauses. It is not written in the disjunctive, as the word 'or' is not part of the sentence.

Legal Basis

Grammatical Interpretation of Contracts

Topic Tags

  • contract interpretation
  • grammar
  • legal standards

Question

Can the HOA use general assessment funds for safety improvements without a special homeowner vote?

Short Answer

Yes, if the CC&Rs grant authority to use assessments for health, safety, and welfare.

Detailed Answer

If the CC&Rs state that assessments are for promoting the recreation, health, safety, and welfare of residents, the Board may use general funds for improvements like security gates without a specific supermajority vote typically reserved for special assessments or land transfers.

Alj Quote

Article IV Section 2 of the 2006 recorded CC&Rs grant authority to Respondent to use the general assessment monies to 'promote the recreation, health, safety and welfare of the residents.'

Legal Basis

CC&R Article IV Section 2

Topic Tags

  • assessments
  • HOA powers
  • safety improvements

Question

Does a CC&R requirement for a 3/4 vote to 'transfer' common area apply to installing a gate?

Short Answer

No, installing a gate is not considered dedicating or transferring land.

Detailed Answer

A CC&R clause requiring a supermajority vote to dedicate or transfer common area to a public agency does not apply to the installation of a security gate, as the gate does not constitute a transfer of land ownership.

Alj Quote

The installation of a security gate does not dedicate or transfer all or any part of the common area to any public agency, authority or utility. Therefore, a three quarters vote is not required.

Legal Basis

CC&R Article II Section 1(c)

Topic Tags

  • voting requirements
  • common area
  • improvements

Question

Does a restriction on increasing the 'density of residences' apply to security improvements?

Short Answer

No, security improvements like gates do not increase residential density.

Detailed Answer

If a voting requirement in the CC&Rs is triggered by actions that 'increase the density of residences,' it does not apply to infrastructure improvements like security gates that have no effect on the number of homes or density.

Alj Quote

Further, the installation of a security gate is not an improvement that increases the density of the residences. Therefore, a three quarters vote is not required.

Legal Basis

CC&R Article II Section 1(c)

Topic Tags

  • density
  • improvements
  • voting requirements

Case

Docket No
24F-H023-REL
Case Title
Robert P. Fink & Brittany L. Oleson v. Casas Arroyo Association, Inc.
Decision Date
2024-05-16
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Questions

Question

Who is responsible for proving that an HOA violated the CC&Rs during a dispute hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proof to establish the violation.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the burden falls on the homeowner filing the petition to prove that the HOA committed the alleged violation. The standard of proof required is a 'preponderance of the evidence'.

Alj Quote

Petitioners bear the burden of proof to establish that Respondent committed the alleged violation by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1)

Topic Tags

  • burden of proof
  • procedural requirements
  • evidence

Question

What does 'preponderance of the evidence' mean in an HOA hearing?

Short Answer

It means the evidence shows the claim is more probably true than not.

Detailed Answer

This legal standard requires that the evidence presented has superior weight and is convincing enough to incline a fair mind to one side of the issue over the other. It is not necessarily about having a greater number of witnesses.

Alj Quote

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

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • legal standards
  • evidence
  • definitions

Question

Can I interpret a specific sentence in the CC&Rs in isolation to prove a violation?

Short Answer

No, CC&R provisions must be interpreted within the context of the entire provision.

Detailed Answer

A homeowner cannot cherry-pick a specific clause or sentence to claim a violation. The Administrative Law Judge will look at the entire section to understand the intended scope and application of the restriction.

Alj Quote

One cannot read Section 1(c) of Article II without taking into consideration the context of the entire provision

Legal Basis

Contract Interpretation Principles

Topic Tags

  • CC&R interpretation
  • legal standards
  • context

Question

How does the word 'and' affect the interpretation of restrictions in the CC&Rs?

Short Answer

The word 'and' is conjunctive, meaning clauses it connects must be read together, not as separate independent choices.

Detailed Answer

If a CC&R provision lists restrictions connected by 'and' (e.g., no improvements AND no actions increasing density), it implies the conditions are linked. The ALJ distinguished this from the disjunctive 'or'. In this case, a restriction on improvements was linked to increasing density/transferring land because they were joined by 'and'.

Alj Quote

This sentence is written in the conjunctive. The word 'and' is used to connect the two clauses. It is not written in the disjunctive, as the word 'or' is not part of the sentence.

Legal Basis

Grammatical Interpretation of Contracts

Topic Tags

  • contract interpretation
  • grammar
  • legal standards

Question

Can the HOA use general assessment funds for safety improvements without a special homeowner vote?

Short Answer

Yes, if the CC&Rs grant authority to use assessments for health, safety, and welfare.

Detailed Answer

If the CC&Rs state that assessments are for promoting the recreation, health, safety, and welfare of residents, the Board may use general funds for improvements like security gates without a specific supermajority vote typically reserved for special assessments or land transfers.

Alj Quote

Article IV Section 2 of the 2006 recorded CC&Rs grant authority to Respondent to use the general assessment monies to 'promote the recreation, health, safety and welfare of the residents.'

Legal Basis

CC&R Article IV Section 2

Topic Tags

  • assessments
  • HOA powers
  • safety improvements

Question

Does a CC&R requirement for a 3/4 vote to 'transfer' common area apply to installing a gate?

Short Answer

No, installing a gate is not considered dedicating or transferring land.

Detailed Answer

A CC&R clause requiring a supermajority vote to dedicate or transfer common area to a public agency does not apply to the installation of a security gate, as the gate does not constitute a transfer of land ownership.

Alj Quote

The installation of a security gate does not dedicate or transfer all or any part of the common area to any public agency, authority or utility. Therefore, a three quarters vote is not required.

Legal Basis

CC&R Article II Section 1(c)

Topic Tags

  • voting requirements
  • common area
  • improvements

Question

Does a restriction on increasing the 'density of residences' apply to security improvements?

Short Answer

No, security improvements like gates do not increase residential density.

Detailed Answer

If a voting requirement in the CC&Rs is triggered by actions that 'increase the density of residences,' it does not apply to infrastructure improvements like security gates that have no effect on the number of homes or density.

Alj Quote

Further, the installation of a security gate is not an improvement that increases the density of the residences. Therefore, a three quarters vote is not required.

Legal Basis

CC&R Article II Section 1(c)

Topic Tags

  • density
  • improvements
  • voting requirements

Case

Docket No
24F-H023-REL
Case Title
Robert P. Fink & Brittany L. Oleson v. Casas Arroyo Association, Inc.
Decision Date
2024-05-16
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Robert P. Fink (petitioner)
    Testified on own behalf
  • Brittany L. Oleson (petitioner)
    Also referred to as Brittany L. Olsen
  • Juanita Havill (witness)
    Former HOA board President, Vice President, and Treasurer

Respondent Side

  • David Onuschak (HOA attorney)
    Jones Skelton & Hochuli
  • Tom Hardesty (board president)
    Casas Arroyo Association, Inc.
  • Thomas Ryan (board member)
    Casas Arroyo Association, Inc.
    Current Treasurer
  • Eric Powell (board member)
    Casas Arroyo Association, Inc.
    Also referred to as Erik Powell; testified for Respondent; former President and Secretary
  • Jim Chepales (board member)
    Casas Arroyo Association, Inc.
  • Paula Miller (witness)
    Casas Arroyo Association, Inc.
    Board Secretary
  • Leslie Kramer (HOA attorney)
    Provided legal opinions to the HOA; Affidavit admitted as Exhibit 32
  • Edwin Gaines (HOA attorney)
    Provided legal opinion to the HOA; Declaration admitted as Exhibit 31
  • Michael Shupe (HOA attorney)
    Consulted by the Board regarding the petition
  • Kevin Wallace (former board member)
    Casas Arroyo Association, Inc.
    Former Vice President

Neutral Parties

  • Sondra J. Vanella (ALJ)
    Office of Administrative Hearings
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • Rosalyn Buchas (Border Patrol Agent)
    US Customs and Border Protection
    Author of 2014 report referenced
  • Ben Cummings (Border Patrol Agent)
    US Customs and Border Protection
    Attended 2014 meeting

Other Participants

  • David Steedman (former board member)
    Casas Arroyo Association, Inc.
    Former Treasurer; present as an observer
  • Emily Masta (community member)
    Mentioned in board email communications
  • Jay Deforest (community member)
    Called 2014 Border Patrol meeting
  • Mark Stroberg (community member)
    Attended 2014 Border Patrol meeting
  • Barbara Stoneberg (community member)
    Attended 2014 Border Patrol meeting
  • Steven Sue Archbald (community member)
    Attended 2014 Border Patrol meeting
  • Laura Brown (community member)
    Long-time resident referenced regarding historic gate removal
  • Archerald Brown (community member)
    Long-time resident referenced regarding historic gate removal

Michael J Morris v. StarPass Master Homeowner Association, INC.

Posted on by

Case Summary

Case ID 24F-H030-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-04-23
Administrative Law Judge Velva Moses-Thompson
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J Morris Counsel —
Respondent StarPass Master Homeowner Association, Inc. Counsel —

Alleged Violations

A.R.S. § 33-1804(B)

Outcome Summary

Petitioner was deemed the prevailing party based on the finding that Respondent violated A.R.S. § 33-1804(B) by failing to hold required annual meetings of the Association’s members since 2010. Respondent was ordered to refund the $500 filing fee and comply with A.R.S. § 33-1804. Petitioner failed to establish the remaining alleged violations concerning the Declarant's right to appoint the Board or violations of A.R.S. §§ 33-1810 and 33-1817, or most CC&R sections.

Why this result: Petitioner failed to establish by a preponderance of the evidence that Respondent violated A.R.S. §§ 33-1810 and 33-1817, or the cited sections of the CC&Rs or Bylaws related to the Declarant's power to appoint the board.

Key Issues & Findings

Declarant control, board appointment without vote or meeting, and failure to hold annual meetings

Petitioner alleged Respondent violated multiple statutes and governing documents by allowing the Declarant to solely appoint the Board of Directors and failing to hold annual meetings. The Administrative Law Judge found that the Respondent violated A.R.S. § 33-1804(B) by failing to notice or hold annual members meetings since 2010. All other alleged violations were not established.

Orders: Respondent ordered to pay Petitioner his filing fee of $500.00 and directed to comply with the requirements of A.R.S. § 33-1804 going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1810
  • A.R.S. § 33-1817
  • Bylaw Article Section 1
  • CC&Rs Article 3 Section 2(b)
  • CC&Rs Article 3 Section 5
  • CC&Rs Article 11 Section 8

Analytics Highlights

Topics: Declarant Control, Annual Meetings, Filing Fee Refund, HOA Board Appointment
Additional Citations:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1810
  • A.R.S. § 33-1817
  • Bylaw Article Section 1
  • CC&Rs Article 3 Section 2(b)
  • CC&Rs Article 3 Section 5
  • CC&Rs Article 11 Section 8

Video Overview

Audio Overview

Decision Documents

24F-H030-REL Decision – 1154358.pdf

Uploaded 2026-01-23T18:04:32 (41.8 KB)

24F-H030-REL Decision – 1156053.pdf

Uploaded 2026-01-23T18:04:39 (7.4 KB)

24F-H030-REL Decision – 1160349.pdf

Uploaded 2026-01-23T18:04:43 (53.8 KB)

24F-H030-REL Decision – 1170315.pdf

Uploaded 2026-01-23T18:04:47 (114.1 KB)

Questions

Question

Can an HOA stop holding annual meetings if they are unable to get enough members to attend (quorum)?

Short Answer

No. State law requires an annual meeting regardless of past attendance issues.

Detailed Answer

Even if an HOA has failed to reach a quorum for many years, they are still strictly required by Arizona law to notice and hold a meeting of the members at least once each year. Failing to do so is a violation of A.R.S. § 33-1804.

Alj Quote

A.R.S. § 33-1804(B) requires that a meeting of the members' association be held at least once each year.

Legal Basis

A.R.S. § 33-1804(B)

Topic Tags

  • meetings
  • quorum
  • compliance

Question

If I claim the HOA violated the Bylaws, do I have to submit the Bylaws as evidence?

Short Answer

Yes. You must submit the specific governing documents you claim were violated.

Detailed Answer

If a homeowner argues that the HOA violated a specific provision of the Bylaws (such as election procedures), they must enter those Bylaws into evidence. Without the actual document in the record, the judge cannot find a violation.

Alj Quote

Although Petitioner argued in his written closing argument that as of November 18, 2012, elections should have begun by the membership under Article 5 of Respondent’s Bylaws, Petitioner did not submit a copy of Respondent’s Bylaws into evidence, nor was section 5 of the Bylaws submitted with the petition.

Legal Basis

Evidentiary Burden

Topic Tags

  • evidence
  • procedure
  • bylaws

Question

Can the Administrative Law Judge order the HOA to appoint specific homeowners to the Board?

Short Answer

No. The judge's power is limited to ordering compliance with laws and documents.

Detailed Answer

The tribunal does not have the jurisdiction to appoint specific individuals to a 'transition Board' or replace directors. It can only order the HOA to follow the statutes and community documents going forward.

Alj Quote

While Petitioner requested that he and other owners be appointed to a transition Board, the Administrative Law Judge’s jurisdiction in this tribunal is limited to ordering a party to abide by applicable statutes and community documents.

Legal Basis

Jurisdiction

Topic Tags

  • remedies
  • board of directors
  • jurisdiction

Question

What is the standard of proof for a homeowner suing their HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner must prove that their claims are 'more probably true than not.' This is the standard evidentiary burden in administrative hearings.

Alj Quote

Petitioners bear the burden of proof to establish that Respondent violated the Act or Respondent’s CC&Rs by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • legal standards
  • burden of proof

Question

Does the HOA automatically get fined if the judge finds they violated state law?

Short Answer

No. Civil penalties are not automatic.

Detailed Answer

A judge may find that a violation occurred (such as failing to hold meetings) but still decide that a civil penalty is not appropriate in that specific matter.

Alj Quote

No Civil Penalty is found to be appropriate in this matter.

Legal Basis

Administrative Discretion

Topic Tags

  • penalties
  • fines
  • enforcement

Question

Can I get my $500 filing fee back if I win the hearing?

Short Answer

Yes. The judge can order the HOA to reimburse the filing fee.

Detailed Answer

If the homeowner is deemed the prevailing party, the judge may order the Respondent (HOA) to pay the Petitioner the amount of the filing fee within a set timeframe.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioner his filing fee of $500.00, to be paid directly to Petitioner within thirty (30) days of this Order.

Legal Basis

Prevailing Party Costs

Topic Tags

  • fees
  • reimbursement
  • costs

Question

Is it illegal for a developer (Declarant) to appoint the Board without an election?

Short Answer

Not necessarily, unless specific statutes or bylaws prohibit it.

Detailed Answer

Simply alleging that a Declarant is appointing the board without a vote is not enough to prove a violation. The homeowner must prove that specific statutes or the community's CC&Rs/Bylaws expressly prohibit this arrangement at the current time.

Alj Quote

Regarding the remaining alleged violations, the statutes listed in the petition do no bar [the Declarant] from appointing the Board members or operating as the President of the Board.

Legal Basis

CC&Rs / Statutes

Topic Tags

  • declarant control
  • board appointments
  • elections

Case

Docket No
24F-H030-REL
Case Title
Michael J. Morris vs. StarPass Master Homeowner Association, Inc.
Decision Date
2024-04-23
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Questions

Question

Can an HOA stop holding annual meetings if they are unable to get enough members to attend (quorum)?

Short Answer

No. State law requires an annual meeting regardless of past attendance issues.

Detailed Answer

Even if an HOA has failed to reach a quorum for many years, they are still strictly required by Arizona law to notice and hold a meeting of the members at least once each year. Failing to do so is a violation of A.R.S. § 33-1804.

Alj Quote

A.R.S. § 33-1804(B) requires that a meeting of the members' association be held at least once each year.

Legal Basis

A.R.S. § 33-1804(B)

Topic Tags

  • meetings
  • quorum
  • compliance

Question

If I claim the HOA violated the Bylaws, do I have to submit the Bylaws as evidence?

Short Answer

Yes. You must submit the specific governing documents you claim were violated.

Detailed Answer

If a homeowner argues that the HOA violated a specific provision of the Bylaws (such as election procedures), they must enter those Bylaws into evidence. Without the actual document in the record, the judge cannot find a violation.

Alj Quote

Although Petitioner argued in his written closing argument that as of November 18, 2012, elections should have begun by the membership under Article 5 of Respondent’s Bylaws, Petitioner did not submit a copy of Respondent’s Bylaws into evidence, nor was section 5 of the Bylaws submitted with the petition.

Legal Basis

Evidentiary Burden

Topic Tags

  • evidence
  • procedure
  • bylaws

Question

Can the Administrative Law Judge order the HOA to appoint specific homeowners to the Board?

Short Answer

No. The judge's power is limited to ordering compliance with laws and documents.

Detailed Answer

The tribunal does not have the jurisdiction to appoint specific individuals to a 'transition Board' or replace directors. It can only order the HOA to follow the statutes and community documents going forward.

Alj Quote

While Petitioner requested that he and other owners be appointed to a transition Board, the Administrative Law Judge’s jurisdiction in this tribunal is limited to ordering a party to abide by applicable statutes and community documents.

Legal Basis

Jurisdiction

Topic Tags

  • remedies
  • board of directors
  • jurisdiction

Question

What is the standard of proof for a homeowner suing their HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner must prove that their claims are 'more probably true than not.' This is the standard evidentiary burden in administrative hearings.

Alj Quote

Petitioners bear the burden of proof to establish that Respondent violated the Act or Respondent’s CC&Rs by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • legal standards
  • burden of proof

Question

Does the HOA automatically get fined if the judge finds they violated state law?

Short Answer

No. Civil penalties are not automatic.

Detailed Answer

A judge may find that a violation occurred (such as failing to hold meetings) but still decide that a civil penalty is not appropriate in that specific matter.

Alj Quote

No Civil Penalty is found to be appropriate in this matter.

Legal Basis

Administrative Discretion

Topic Tags

  • penalties
  • fines
  • enforcement

Question

Can I get my $500 filing fee back if I win the hearing?

Short Answer

Yes. The judge can order the HOA to reimburse the filing fee.

Detailed Answer

If the homeowner is deemed the prevailing party, the judge may order the Respondent (HOA) to pay the Petitioner the amount of the filing fee within a set timeframe.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioner his filing fee of $500.00, to be paid directly to Petitioner within thirty (30) days of this Order.

Legal Basis

Prevailing Party Costs

Topic Tags

  • fees
  • reimbursement
  • costs

Question

Is it illegal for a developer (Declarant) to appoint the Board without an election?

Short Answer

Not necessarily, unless specific statutes or bylaws prohibit it.

Detailed Answer

Simply alleging that a Declarant is appointing the board without a vote is not enough to prove a violation. The homeowner must prove that specific statutes or the community's CC&Rs/Bylaws expressly prohibit this arrangement at the current time.

Alj Quote

Regarding the remaining alleged violations, the statutes listed in the petition do no bar [the Declarant] from appointing the Board members or operating as the President of the Board.

Legal Basis

CC&Rs / Statutes

Topic Tags

  • declarant control
  • board appointments
  • elections

Case

Docket No
24F-H030-REL
Case Title
Michael J. Morris vs. StarPass Master Homeowner Association, Inc.
Decision Date
2024-04-23
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Michael J. Morris (petitioner)
    StarPass Master Homeowner Association member; Sub-HOA President
  • Bruce Prior (witness)
    StarPass Master Homeowner Association member; past subHOA president
  • Michael Schmidt (witness)
    Wildcat Pass HOA Board member
    Also referred to as Michael Smidt

Respondent Side

  • F. Christopher Ansley (declarant)
    StarPass Master Homeowner Association President/Property Manager; Devcon LLC
    Also referred to as Chris Ansley or mistakenly as Craig Ansley
  • David Makavoy (lawyer)
    Ansley's lawyer concerning amendment recording

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    Office of Administrative Hearings
    Also referred to as Alderman Thompson
  • Brian Larson (CPA)
    Brian Larson CTA
    Provided quarterly financial statements for Master HOA
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate

Other Participants

  • Jimmy Liscos (board member)
    StarPass Master Homeowner Association Board of Directors; focus group member
    Appointed board member who was also part of the focus group/group of seven
  • Jamie Haw (board member)
    StarPass Master Homeowner Association Board of Directors; focus group member
    Appointed board member who resigned
  • Nikki Morton (focus group member)

David Y. Samuels v. The Concorde Condominium Home Owners Association

Posted on by

Case Summary

Case ID 24F-H025-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-04-18
Administrative Law Judge Amy M. Haley
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner David Y. Samuels Counsel —
Respondent The Concorde Condominium Home Owners Association Counsel Ashley N. Turner

Alleged Violations

A.R.S. § 33-1803

Outcome Summary

The petition filed by David Y. Samuels against The Concorde Condominium Home Owners Association was dismissed. The Tribunal found that Samuels lacked standing to bring the action as an individual, and the cited statute, A.R.S. § 33-1803 (Planned Community Act), was improper for this condominium dispute.

Why this result: Petitioner lacked standing because the property was owned by Daso Properties, LLC, not by David Y. Samuels individually. Additionally, the Petitioner brought the action under the incorrect statute, A.R.S. § 33-1803, which governs planned communities, not condominiums.

Key Issues & Findings

Alleged violation concerning late fees, collection fees, and attorney fees for delinquent assessment payments

Petitioner alleged Respondent violated A.R.S. § 33-1803 by charging unwarranted late fees, collection fees, and attorney fees for delinquent assessments.

Orders: Petitioner's petition is dismissed because Petitioner lacked standing as an individual owner, and the cause of action was brought under the improper statute (Planned Community Act) for a condominium property.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1803
  • A.R.S. § 32-2199.01(A)
  • A.R.S. § 33-1801(A)
  • A.R.S. § 32-2199 et seq.
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: standing, condominium, planned community act, statutory violation, late fees, collection fees, attorney fees, jurisdiction, dismissal
Additional Citations:

  • A.R.S. § 33-1803
  • A.R.S. § 32-2199.01(A)
  • A.R.S. § 33-1801(A)
  • A.R.S. § 32-2199 et seq.
  • A.R.S. § 41-1092.09
  • A.A.C. R2-19-106(D)

Video Overview

Audio Overview

Decision Documents

24F-H025-REL Decision – 1124651.pdf

Uploaded 2026-01-23T18:03:59 (48.4 KB)

24F-H025-REL Decision – 1133120.pdf

Uploaded 2026-01-23T18:04:01 (39.9 KB)

24F-H025-REL Decision – 1134423.pdf

Uploaded 2026-01-23T18:04:05 (48.2 KB)

24F-H025-REL Decision – 1139633.pdf

Uploaded 2026-01-23T18:04:08 (55.7 KB)

24F-H025-REL Decision – 1139646.pdf

Uploaded 2026-01-23T18:04:12 (7.6 KB)

24F-H025-REL Decision – 1157271.pdf

Uploaded 2026-01-23T18:04:17 (47.1 KB)

24F-H025-REL Decision – 1168680.pdf

Uploaded 2026-01-23T18:04:22 (86.1 KB)

Questions

Question

If my property is owned by an LLC, can I file a petition against the HOA in my own name as the managing member?

Short Answer

No. The petition must be filed by the legal owner (the LLC), not an individual member, or it will be dismissed for lack of standing.

Detailed Answer

The ALJ determined that an individual managing member of an LLC does not have standing to bring an action on behalf of the property owned by the LLC. The dispute statute specifically applies to 'owners' and 'associations'.

Alj Quote

The Tribunal finds that, after taking testimony, Petitioner, as an individual, did not have standing to bring this action… The proper party to bring the action would have been Daso Properties, LLC.

Legal Basis

A.R.S. § 32-2199.01(A)

Topic Tags

  • standing
  • LLC ownership
  • procedural requirements

Question

Can I use laws meant for Planned Communities (A.R.S. § 33-1803) to dispute charges if I live in a Condominium?

Short Answer

No. Condominiums are governed by a different set of statutes (Chapter 9) than Planned Communities (Chapter 16).

Detailed Answer

The ALJ dismissed the claim because the homeowner cited the Planned Community Act (A.R.S. § 33-1803) while the property was legally a condominium. Condominiums are not subject to the Planned Community Act.

Alj Quote

However, the Property is a condominium; therefore, Respondent is not subject to the Planned Community Act. … Chapter 9 governs condominiums.

Legal Basis

A.R.S. § 33-1801(A)

Topic Tags

  • jurisdiction
  • condominium vs planned community
  • statutory application

Question

Does the Department of Real Estate have jurisdiction to hear a dispute if I am not the legal owner of the property?

Short Answer

No. The Department's jurisdiction is limited to disputes specifically between an owner and an association.

Detailed Answer

The decision clarifies that the administrative hearing process is strictly for disputes involving an 'owner' or 'association'. If the petitioner is not the legal owner (even if they manage the LLC that owns it), the Department lacks jurisdiction.

Alj Quote

The department does not have jurisdiction to hear a dispute that does not involve an owner or an association.

Legal Basis

A.R.S. § 32-2199.01(A)

Topic Tags

  • jurisdiction
  • standing
  • homeowner rights

Question

Who has the burden of proof when a homeowner claims an HOA violated state laws?

Short Answer

The homeowner (Petitioner) has the burden of proving the violation by a preponderance of the evidence.

Detailed Answer

In these administrative hearings, it is the responsibility of the person bringing the complaint to provide sufficient evidence to prove their claims.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1803 as alleged in his petition.

Legal Basis

Preponderance of Evidence

Topic Tags

  • burden of proof
  • evidence
  • legal standards

Question

What happens if I base my entire petition on a statute that doesn't apply to my type of property?

Short Answer

The petition will be dismissed because you have stated no claim upon which relief can be granted.

Detailed Answer

Because the petitioner cited the wrong statute (Planned Community Act for a Condominium), the judge ruled that there was no valid legal claim to rule on, resulting in dismissal.

Alj Quote

As such, Petitioner has stated no claim upon which relief can be granted under A.R.S. § 33-1801.

Legal Basis

A.R.S. § 33-1801

Topic Tags

  • dismissal
  • legal procedure
  • condominium act

Case

Docket No
24F-H025-REL
Case Title
David Y. Samuels vs The Concorde Condominium Home Owners Association
Decision Date
2024-04-18
Alj Name
Amy M. Haley
Tribunal
OAH
Agency
ADRE

Questions

Question

If my property is owned by an LLC, can I file a petition against the HOA in my own name as the managing member?

Short Answer

No. The petition must be filed by the legal owner (the LLC), not an individual member, or it will be dismissed for lack of standing.

Detailed Answer

The ALJ determined that an individual managing member of an LLC does not have standing to bring an action on behalf of the property owned by the LLC. The dispute statute specifically applies to 'owners' and 'associations'.

Alj Quote

The Tribunal finds that, after taking testimony, Petitioner, as an individual, did not have standing to bring this action… The proper party to bring the action would have been Daso Properties, LLC.

Legal Basis

A.R.S. § 32-2199.01(A)

Topic Tags

  • standing
  • LLC ownership
  • procedural requirements

Question

Can I use laws meant for Planned Communities (A.R.S. § 33-1803) to dispute charges if I live in a Condominium?

Short Answer

No. Condominiums are governed by a different set of statutes (Chapter 9) than Planned Communities (Chapter 16).

Detailed Answer

The ALJ dismissed the claim because the homeowner cited the Planned Community Act (A.R.S. § 33-1803) while the property was legally a condominium. Condominiums are not subject to the Planned Community Act.

Alj Quote

However, the Property is a condominium; therefore, Respondent is not subject to the Planned Community Act. … Chapter 9 governs condominiums.

Legal Basis

A.R.S. § 33-1801(A)

Topic Tags

  • jurisdiction
  • condominium vs planned community
  • statutory application

Question

Does the Department of Real Estate have jurisdiction to hear a dispute if I am not the legal owner of the property?

Short Answer

No. The Department's jurisdiction is limited to disputes specifically between an owner and an association.

Detailed Answer

The decision clarifies that the administrative hearing process is strictly for disputes involving an 'owner' or 'association'. If the petitioner is not the legal owner (even if they manage the LLC that owns it), the Department lacks jurisdiction.

Alj Quote

The department does not have jurisdiction to hear a dispute that does not involve an owner or an association.

Legal Basis

A.R.S. § 32-2199.01(A)

Topic Tags

  • jurisdiction
  • standing
  • homeowner rights

Question

Who has the burden of proof when a homeowner claims an HOA violated state laws?

Short Answer

The homeowner (Petitioner) has the burden of proving the violation by a preponderance of the evidence.

Detailed Answer

In these administrative hearings, it is the responsibility of the person bringing the complaint to provide sufficient evidence to prove their claims.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1803 as alleged in his petition.

Legal Basis

Preponderance of Evidence

Topic Tags

  • burden of proof
  • evidence
  • legal standards

Question

What happens if I base my entire petition on a statute that doesn't apply to my type of property?

Short Answer

The petition will be dismissed because you have stated no claim upon which relief can be granted.

Detailed Answer

Because the petitioner cited the wrong statute (Planned Community Act for a Condominium), the judge ruled that there was no valid legal claim to rule on, resulting in dismissal.

Alj Quote

As such, Petitioner has stated no claim upon which relief can be granted under A.R.S. § 33-1801.

Legal Basis

A.R.S. § 33-1801

Topic Tags

  • dismissal
  • legal procedure
  • condominium act

Case

Docket No
24F-H025-REL
Case Title
David Y. Samuels vs The Concorde Condominium Home Owners Association
Decision Date
2024-04-18
Alj Name
Amy M. Haley
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • David Y. Samuels (petitioner)
    Daso Properties, LLC
    Managing member of the property owner (Daso Properties, LLC); Appeared on his own behalf.

Respondent Side

  • Ashley N. Turner (HOA attorney)
    Goodman Law Group
    Council for respondent; Also appeared as Ashley N. Moscarello in earlier filings.
  • Alyssa Butler (community manager)
    The Management Trust (TMT)
    Witness for the association.
  • Stephanie Beck (HOA staff)
    Involved in prior HOA correspondence regarding fines.
  • Catherine Green (HOA staff)
    Involved in prior HOA correspondence regarding fines.

Neutral Parties

  • Amy M. Haley (ALJ)
    OAH
    Conducted the hearing and issued the final decision.
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • Tammy L. Eigenheer (ALJ)
    OAH
    Issued an order on March 19, 2024.
  • A. Hansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • V. Nunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • D. Jones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • L. Abril (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • M. Neat (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • A. Kowaleski (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • G. Osborn (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].

Laura R. Braglia V. Palo Verde Estates Homeowners Association, INC.

Posted on by

Case Summary

Case ID 24F-H032-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-04-17
Administrative Law Judge Jenna Clark
Outcome total
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Laura R. Braglia Counsel —
Respondent Palo Verde Estates Homeowners Association, Inc. Counsel Jacqueline Zipprich

Alleged Violations

ARIZ. REV. STAT. § 33-1258

Outcome Summary

The ALJ granted the petition after finding that the Respondent HOA violated ARIZ. REV. STAT. § 33-1258 by failing to fulfill a records request within the statutory ten business days. The HOA was ordered to reimburse the Petitioner's $500 filing fee and comply with the statute, but was not assessed a civil penalty.

Key Issues & Findings

Whether Respondent violated ARIZ. REV. STAT. § 33-1258 because the “HOA has not complied witha [sic] formal records request … regarding damage to homeowner's unit.”

Respondent received Petitioner's records request on November 28, 2023, but did not comply until February 13, 2024, nearly two months later. The Tribunal found no viable justification for the delay, establishing a violation of the statute.

Orders: Petitioner's petition is granted. Respondent must reimburse the $500 filing fee in certified funds and must henceforth comply with ARIZ. REV. STAT. § 33-1258. No civil penalty was assessed.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1258

Analytics Highlights

Topics: records request, statutory violation, HOA transparency, filing fee reimbursement
Additional Citations:

  • ARIZ. REV. STAT. § 33-1258
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.

Video Overview

Audio Overview

Decision Documents

24F-H032-REL Decision – 1162594.pdf

Uploaded 2026-01-23T18:05:42 (51.3 KB)

24F-H032-REL Decision – 1167907.pdf

Uploaded 2026-01-23T18:05:48 (184.7 KB)

Questions

Question

How long does my HOA have to respond to a formal records request?

Short Answer

The HOA has 10 business days to fulfill a request for examination or to provide copies.

Detailed Answer

Under Arizona law, an association is strictly required to fulfill a request for examination or provide copies of requested records within ten business days. Failure to meet this deadline without a viable justification constitutes a violation of the statute.

Alj Quote

The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • records request
  • deadlines
  • HOA obligations

Question

Can my HOA charge me a fee to simply review or inspect records?

Short Answer

No, the HOA cannot charge a fee for making material available for review.

Detailed Answer

The statute explicitly prohibits the association from charging a member for the act of making materials available for review. However, they may charge a specific fee for making actual copies.

Alj Quote

The association shall not charge a member or any person designated by the member in writing for making material available for review.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • homeowner rights

Question

How much can the HOA charge if I ask for copies of records?

Short Answer

The HOA may charge a fee for copies, but it cannot exceed fifteen cents per page.

Detailed Answer

While review is free, if a homeowner requests physical copies of the records, the association is permitted by statute to charge a fee, capped at fifteen cents per page.

Alj Quote

An association may charge a fee for making copies of not more than fifteen cents per page.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • copies

Question

What happens if my HOA responds to my records request weeks or months late?

Short Answer

Responding late without a valid excuse is a violation of the statute.

Detailed Answer

If the HOA fails to provide the records within the statutory 10-business-day window without a viable justification, they are in violation of A.R.S. § 33-1258. In this case, a response provided nearly two months late was deemed a violation.

Alj Quote

The record also reflects that although Petitioner follow-up with Respondent on December 12, 2023, regarding her request, Respondent did not comply until February 13, 2024, nearly two (2) months late… Nothing in the record establishes a viable justification or excuse for Respondent’s inaction and/or lack of performance on Petitioner’s records request during the applicable time period.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • violations
  • delays
  • enforcement

Question

Can the HOA be penalized for failing to provide a document that doesn't exist?

Short Answer

No, an HOA cannot be held liable for failing to provide a record that simply does not exist.

Detailed Answer

If a homeowner requests a specific document (like a warranty) and the association does not possess such a document because it never existed, the association is not in violation for failing to provide it.

Alj Quote

Additionally, because the Association never had a “termite warranty,” Respondent was unable to provide Petitioner with something that did not exist.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • records request
  • defense
  • HOA obligations

Question

Does it matter if my wording in a records request is vague?

Short Answer

Yes, vague requests may lead to incomplete information, and the HOA might not be faulted for misinterpreting ambiguous terms.

Detailed Answer

Homeowners should be specific. In this case, requesting 'Policy Information' rather than the 'entire policy' was considered vague and ambiguous, which explained why the HOA only provided declarations and exclusion pages rather than the full policy.

Alj Quote

While Petitioner contends that she only received some of the documents she requested, the record further reflects that she never asked for the Association’s entire insurance policy, only “HOA Insurance Policy Information,” which was vague and ambiguous.

Legal Basis

Findings of Fact

Topic Tags

  • records request
  • best practices
  • homeowner responsibilities

Question

If I win my case against the HOA at a hearing, will I get my filing fee back?

Short Answer

Yes, the Administrative Law Judge can order the HOA to reimburse your filing fee.

Detailed Answer

If the petition is granted and a violation is found, the ALJ has the authority to order the Respondent (HOA) to reimburse the Petitioner's filing fee in certified funds.

Alj Quote

IT IS FURTHER ORDERED that Respondent shall reimburse Petitioners’ filing fee (e.g. $500.00) in certified funds.

Legal Basis

Order

Topic Tags

  • remedies
  • fees
  • reimbursement

Question

Will the HOA automatically have to pay a civil penalty if they are found in violation?

Short Answer

Not necessarily. The judge may decide not to assess a civil penalty even if a violation is found.

Detailed Answer

Finding a violation does not automatically result in a fine. The ALJ has discretion regarding civil penalties. In this instance, despite finding a violation regarding records, the judge ordered compliance and fee reimbursement but explicitly chose not to assess a civil penalty.

Alj Quote

IT IS FURTHER ORDERED that a civil penalty shall not be assessed against Respondent in this matter.

Legal Basis

Order

Topic Tags

  • penalties
  • civil penalty
  • enforcement

Question

Who has the burden of proof in an administrative hearing against an HOA?

Short Answer

The Petitioner (homeowner) bears the burden of proof.

Detailed Answer

The homeowner filing the complaint must prove by a 'preponderance of the evidence' that the HOA violated the statute. This means they must show it is more probable than not that the violation occurred.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1258.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119(B)(2)

Topic Tags

  • procedure
  • burden of proof
  • evidence

Question

Can I designate someone else to inspect the HOA records for me?

Short Answer

Yes, a member can designate a representative in writing.

Detailed Answer

The statute allows records to be examined by the member or any person designated by the member in writing as their representative.

Alj Quote

[A]ll financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • representation
  • records request
  • access

Case

Docket No
24F-H032-REL
Case Title
Laura R. Braglia v. Palo Verde Estates Homeowners Association, Inc.
Decision Date
2024-04-17
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE

Questions

Question

How long does my HOA have to respond to a formal records request?

Short Answer

The HOA has 10 business days to fulfill a request for examination or to provide copies.

Detailed Answer

Under Arizona law, an association is strictly required to fulfill a request for examination or provide copies of requested records within ten business days. Failure to meet this deadline without a viable justification constitutes a violation of the statute.

Alj Quote

The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • records request
  • deadlines
  • HOA obligations

Question

Can my HOA charge me a fee to simply review or inspect records?

Short Answer

No, the HOA cannot charge a fee for making material available for review.

Detailed Answer

The statute explicitly prohibits the association from charging a member for the act of making materials available for review. However, they may charge a specific fee for making actual copies.

Alj Quote

The association shall not charge a member or any person designated by the member in writing for making material available for review.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • homeowner rights

Question

How much can the HOA charge if I ask for copies of records?

Short Answer

The HOA may charge a fee for copies, but it cannot exceed fifteen cents per page.

Detailed Answer

While review is free, if a homeowner requests physical copies of the records, the association is permitted by statute to charge a fee, capped at fifteen cents per page.

Alj Quote

An association may charge a fee for making copies of not more than fifteen cents per page.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • copies

Question

What happens if my HOA responds to my records request weeks or months late?

Short Answer

Responding late without a valid excuse is a violation of the statute.

Detailed Answer

If the HOA fails to provide the records within the statutory 10-business-day window without a viable justification, they are in violation of A.R.S. § 33-1258. In this case, a response provided nearly two months late was deemed a violation.

Alj Quote

The record also reflects that although Petitioner follow-up with Respondent on December 12, 2023, regarding her request, Respondent did not comply until February 13, 2024, nearly two (2) months late… Nothing in the record establishes a viable justification or excuse for Respondent’s inaction and/or lack of performance on Petitioner’s records request during the applicable time period.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • violations
  • delays
  • enforcement

Question

Can the HOA be penalized for failing to provide a document that doesn't exist?

Short Answer

No, an HOA cannot be held liable for failing to provide a record that simply does not exist.

Detailed Answer

If a homeowner requests a specific document (like a warranty) and the association does not possess such a document because it never existed, the association is not in violation for failing to provide it.

Alj Quote

Additionally, because the Association never had a “termite warranty,” Respondent was unable to provide Petitioner with something that did not exist.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • records request
  • defense
  • HOA obligations

Question

Does it matter if my wording in a records request is vague?

Short Answer

Yes, vague requests may lead to incomplete information, and the HOA might not be faulted for misinterpreting ambiguous terms.

Detailed Answer

Homeowners should be specific. In this case, requesting 'Policy Information' rather than the 'entire policy' was considered vague and ambiguous, which explained why the HOA only provided declarations and exclusion pages rather than the full policy.

Alj Quote

While Petitioner contends that she only received some of the documents she requested, the record further reflects that she never asked for the Association’s entire insurance policy, only “HOA Insurance Policy Information,” which was vague and ambiguous.

Legal Basis

Findings of Fact

Topic Tags

  • records request
  • best practices
  • homeowner responsibilities

Question

If I win my case against the HOA at a hearing, will I get my filing fee back?

Short Answer

Yes, the Administrative Law Judge can order the HOA to reimburse your filing fee.

Detailed Answer

If the petition is granted and a violation is found, the ALJ has the authority to order the Respondent (HOA) to reimburse the Petitioner's filing fee in certified funds.

Alj Quote

IT IS FURTHER ORDERED that Respondent shall reimburse Petitioners’ filing fee (e.g. $500.00) in certified funds.

Legal Basis

Order

Topic Tags

  • remedies
  • fees
  • reimbursement

Question

Will the HOA automatically have to pay a civil penalty if they are found in violation?

Short Answer

Not necessarily. The judge may decide not to assess a civil penalty even if a violation is found.

Detailed Answer

Finding a violation does not automatically result in a fine. The ALJ has discretion regarding civil penalties. In this instance, despite finding a violation regarding records, the judge ordered compliance and fee reimbursement but explicitly chose not to assess a civil penalty.

Alj Quote

IT IS FURTHER ORDERED that a civil penalty shall not be assessed against Respondent in this matter.

Legal Basis

Order

Topic Tags

  • penalties
  • civil penalty
  • enforcement

Question

Who has the burden of proof in an administrative hearing against an HOA?

Short Answer

The Petitioner (homeowner) bears the burden of proof.

Detailed Answer

The homeowner filing the complaint must prove by a 'preponderance of the evidence' that the HOA violated the statute. This means they must show it is more probable than not that the violation occurred.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1258.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119(B)(2)

Topic Tags

  • procedure
  • burden of proof
  • evidence

Question

Can I designate someone else to inspect the HOA records for me?

Short Answer

Yes, a member can designate a representative in writing.

Detailed Answer

The statute allows records to be examined by the member or any person designated by the member in writing as their representative.

Alj Quote

[A]ll financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • representation
  • records request
  • access

Case

Docket No
24F-H032-REL
Case Title
Laura R. Braglia v. Palo Verde Estates Homeowners Association, Inc.
Decision Date
2024-04-17
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Laura R. Braglia (petitioner)
    Appeared on her own behalf; testified as witness.

Respondent Side

  • Jacqueline Zipprich (property manager)
    Desert Realty Association Management
    Appeared on behalf of Respondent; testified as witness; also served as Statutory Agent for Respondent.
  • Joe Wolf (HOA president)
    Palo Verde Estates Homeowners Association, Inc.
    HOA Board President.

Neutral Parties

  • Jenna Clark (ALJ)
    Office of Administrative Hearings
    Presiding Administrative Law Judge.
  • Susan Nicolson (commissioner)
    Arizona Department of Real Estate
    Recipient of the recommended order.
  • Vivian Nunes (ADRE staff)
    Arizona Department of Real Estate
    Recipient of the recommended order ([email protected]).
  • D. Jones (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • L. Abril (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • M. Neat (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • A. Kowaleski (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • G. Osborn (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).

VVE-Casa Grande Home Owners Association v. Duane S & Mary L Eitel

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Case Summary

Case ID 24F-H003-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-02-22
Administrative Law Judge Jenna Clark
Outcome partial
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner VVE-Casa Grande Home Owners Association Counsel Anthony Rossetti, Esq.
Respondent Duane Eitel & Mary Eitel Counsel Kevin Harper, Esq.

Alleged Violations

CC&Rs Article VII, sections 7.2, 7.3, 7.25, 7.26, 7.28, 7.29, and 7.31

Outcome Summary

Petitioner sustained its burden of proof establishing that Respondents violated CC&Rs sections 7.2, 7.3, 7.25, 7.26, 7.28, and 7.31 by operating a cat rescue business (VKNR) from their residence, which involved unauthorized commercial activity, excessive non-pet animals, and creating a nuisance. Violation of 7.29 was not established. The petition was granted.

Key Issues & Findings

Violation of CC&Rs by operating an unauthorized business out of their home and housing dozens of cats in excess of a reasonable number of household pets, creating a nuisance.

Respondents operated a nonprofit cat rescue (VKNR) from their single-family residence, housing 50+ cats in a 3-car garage, which constituted an unauthorized commercial use, exceeded a reasonable number of pets, and created traffic and waste nuisances.

Orders: Petitioner's petition is granted. Respondents must henceforth abide by CC&Rs sections 7.2, 7.3, 7.25, 7.26, 7.28, and 7.31.

Filing fee: $1,000.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • CC&Rs section 7.2
  • CC&Rs section 7.3
  • CC&Rs section 7.25
  • CC&Rs section 7.26
  • CC&Rs section 7.28
  • CC&Rs section 7.31

Analytics Highlights

Topics: Home Business, Pets/Animals, Nuisance, CC&Rs, Enforcement, HOA
Additional Citations:

  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. §§ 41-1092 et seq.
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. ADMIN. CODE R2-19-119
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)

Video Overview

Audio Overview

Decision Documents

24F-H003-REL Decision – 1094853.pdf

Uploaded 2026-01-23T18:00:39 (51.0 KB)

24F-H003-REL Decision – 1113338.pdf

Uploaded 2026-01-23T18:00:44 (49.4 KB)

24F-H003-REL Decision – 1125372.pdf

Uploaded 2026-01-23T18:00:48 (65.5 KB)

24F-H003-REL Decision – 1147484.pdf

Uploaded 2026-01-23T18:00:51 (184.8 KB)





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