Arizona HOA Transparency Project

Holding HOA Boards, Attorneys, and Management Companies Accountable

Arizona HOA Transparency Project

HOA Court Cases

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

Court of Appeals

Published opinions from the Arizona Court of Appeals (Divisions One and Two) shaping HOA law.

18 cases

A Z N H Revocable Trust v. Sunland Springs Village Homeowners Association

1 CA-CV 25-0424
Court of Appeals · April 28, 2026 · A homeowner trust sued a planned-community association over closed-meeting practices, age…
Why it matters
A Z N H is a high-value case for Arizona HOA governance fights. It gives owners a published appellate tool for challenging rubber-stamp secrecy, vague agendas, and closed-door votes. For boards and managers, it is a real compliance case, not just a technical one. Meeting notices, agendas, and executive-session practic…
meetings-and-recordsboard-governancedisclosure
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Windrose Estates Homeowners Association v. Justin T. Wright; and Justin T. Wright v. Sunstate Acquisitions, LLC and SV 1, LLC

2 CA-CV 2024-0074 and 2 CA-CV 2025-0058
Court of Appeals · December 15, 2025 · An HOA foreclosure purchaser and the homeowner fought over whether a completed HOA forecl…
Why it matters
Windrose is likely to become a central Arizona authority on post-sale challenges to HOA foreclosures. It gives purchasers and associations a strong finality argument once a sale has been completed. For homeowners, the case means defenses and cure efforts need to happen earlier. After the sale, equitable arguments that…
foreclosureassessmentsprocedure
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Gordon Gross, et al. v. The Shores at Rainbow Lake Community Association

1 CA-CV 23-0394
Court of Appeals · October 10, 2024 · Owners challenged a 2021 amendment that banned short-term rentals and limited occupancy b…
Why it matters
Gross is one of the best Arizona Court of Appeals cases for short-term-rental disputes after Kalway. It gives both sides a usable analytic framework for asking whether an amendment is genuinely foreseeable or instead a new restriction in disguise. Boards considering rental amendments should read it before drafting. Ho…
cc-and-rsprocedure
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Gallery Community Association v. K. Hovnanian at Gallery, LLC, et al.

1 CA-CV 23-0375
Court of Appeals · August 6, 2024 · An HOA sued the developer and related entities over construction defects affecting common…
Why it matters
Gallery is not about everyday rule enforcement, but it is highly relevant to Arizona HOA governance and litigation authority. It broadens what an association can do when pursuing developer or builder claims tied to common-area and common-maintenance obligations. For boards, it is a strong appellate foundation for cent…
board-governanceprocedure
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Village of Oakcreek Association v. Lance E. Bonham

1 CA-CV 22-0780
Court of Appeals · October 3, 2023 · A planned-community association sued a homeowner to stop short-term rentals after majorit…
Why it matters
Bonham is a practical short-term-rental amendment case for Arizona HOAs and homeowners. It shows that an association cannot rely on generic business-use language as a substitute for a real leasing covenant when trying to enforce a later rental ban. It also pairs well with Gross: both cases apply Kalway to rental amend…
rental-restrictionscc-and-rsprocedureattorneys-fees
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Tortosa Homeowners Association v. Davis Garcia; Maricopoly, LLC, Intervenor/Appellant/Cross-Appellee; Durable Investments, LLC, Assignee/Appellee/Cross-Appellant

2 CA-CV 2021-0114
Court of Appeals · August 1, 2022 · After an HOA judicial foreclosure sale produced surplus funds, competing claimants disput…
Why it matters
This is a useful Arizona appellate decision for anyone litigating HOA foreclosure surplus funds. It narrows arguments by senior lenders and helps define where the surplus does and does not go. For investors and owners, Tortosa is important because surplus disputes often decide whether an HOA sale leaves any real equit…
foreclosureassessmentsprocedure
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Laveen Meadows Homeowners Association v. Carlos Mejia

1 CA-CV 18-0276
Court of Appeals · May 5, 2020 · An HOA sought to foreclose its assessment lien after default; the homeowner argued a late…
Why it matters
Laveen Meadows is a strong collection-side precedent for Arizona HOAs. It makes late-stage partial cures much less likely to derail a case once statutory foreclosure eligibility has attached. For homeowners and counsel, it means payoff strategy matters. A partial payment may reduce exposure, but it may not undo the as…
assessmentsforeclosureattorneys-feesprocedure
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Ironwood Commons Community Homeowners Association, Inc. v. Shannon K. Randall

246 Ariz. 412, 439 P.3d 1193 (App. 2019), 1 CA-CV 17-0381
Court of Appeals · April 4, 2019 · An HOA sought to preserve and collect a judgment for delinquent assessments after docketi…
Why it matters
This case matters for HOA lawyers who handle long-tail collection work. It helps answer where to renew a transcribed judgment and reduces the risk that a valid assessment judgment will lapse through a procedural mistake. At the same time, it warns associations not to assume that every later collection step automatical…
assessmentsattorneys-feesprocedure
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R. L. Whitmer v. Hilton Casitas Homeowners Association, et al.

1 CA-CV 17-0543
Court of Appeals · July 10, 2018 · A homeowner sought superior-court enforcement of a final administrative decision from the…
Why it matters
Whitmer is the appellate answer when an HOA loses in the administrative process but still refuses to comply. It confirms that the superior court is the proper place to seek enforcement rather than starting over from scratch. For practitioners, the case helps frame post-agency strategy in Arizona HOA disputes and reinf…
procedureboard-governance
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Patricia Bocchino v. Fountain Shadows Homeowners Association

1 CA-CV 16-0710
Court of Appeals · April 3, 2018 · A former homeowner challenged an HOA account charge for attorney fees the association inc…
Why it matters
Bocchino is a practical limit on HOA fee accounting. It warns associations not to self-award litigation fees by placing them on an owner account after a separate court proceeding. For homeowners, it is a useful authority when an HOA account ledger includes attorney fees that were never awarded by the court or tribunal…
attorneys-feesassessmentscc-and-rsprocedure
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Norman Zwicky v. Premiere Vacation Collection Owners Association

244 Ariz. 309, 418 P.3d 1108 (App. 2018), 1 CA-CV 16-0659
Court of Appeals · January 23, 2018 · A timeshare member sued his owners’ association to enforce his statutory right to inspect…
Why it matters
For Arizona homeowners and timeshare owners, Zwicky is a strong, citable precedent that statutory records-inspection rights are enforceable in court, that an owner does not need the board’s blessing, and that ‘proper purpose’ is read in the member’s favor. For associations and managers, it confirms two things at once:…
records-inspectiontimeshareassessmentsboard-governanceattorneys-fees
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Colette McNally v. Sun Lakes Homeowners Association #1, Inc.

1 CA-CV 15-0744
Court of Appeals · October 13, 2016 · A duly elected board member sued the HOA after the board voted to exclude her from execut…
Why it matters
McNally is highly useful in HOA board-power disputes. It limits majority control tactics against dissident directors and reinforces that board process must track real authority, not political convenience. For directors and members, the case supports the idea that elected office in an HOA carries enforceable participat…
board-governancemeetings-and-records
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Cypress on Sunland Homeowners Association and Scott Jacoby v. James V. Orlandini II and First American Title Insurance Company; consolidated with Cypress on Sunland Homeowners Association v. James V. Orlandini II and First American Title Insurance Company

1 CA-CV 10-0142 and 1 CA-CV 10-0235
Court of Appeals · May 19, 2011 · An HOA and a purchaser defended an HOA foreclosure default judgment against the holder of…
Why it matters
For HOA collection counsel, this case is mandatory reading. It shows that Arizona appellate courts will not treat sloppy or aggressive default foreclosure practice as harmless when lien priority is misrepresented. For owners, lenders, and title insurers, Cypress is a powerful case for attacking HOA foreclosure judgmen…
foreclosureattorneys-feesprocedure
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Dreamland Villa Community Club, Inc. v. Daryle G. Raimey, et al.

1 CA-CV 08-0388
Court of Appeals · March 16, 2010 · A voluntary community club tried to enforce amended deed restrictions requiring mandatory…
Why it matters
Dreamland is an important Arizona foundation for later Kalway-style amendment limits. It is especially useful for older subdivisions, recreation clubs, and hybrid HOA-like entities that try to convert voluntary participation into mandatory assessments. For homeowners, it supports the argument that a new economic burde…
assessmentscc-and-rsboard-governanceattorneys-fees
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Richard B. Nolan and Patricia E. Nolan v. Starlight Pines Homeowners Association

1 CA-CV 06-0572
Court of Appeals · October 9, 2007 · Homeowners sued the HOA claiming disability discrimination and breach of contract because…
Why it matters
This case matters because it shows that not every accessibility dispute in an HOA becomes a winning fair-housing or contract case. Plaintiffs still need a clear link between the requested accommodation, the statutory duty, and the actual housing-related barrier. For boards, Nolan is not a license to ignore disability…
fair-housingcc-and-rs
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John W. Shamrock, Arthur A. and Lois J. Gilcrease Family Trust, David H. Hemmings, The Pollard Family Trust, J.C. & C. Investments, L.L.C., Edward E. Smith and Margaret Smith, Lewis Revocable Trust, Joe Kaczmarski and Ada Kaczmarski, and William R. Detor v. Wagon Wheel Park Homeowners Association

1 CA-CV 02-0403
Court of Appeals · August 26, 2003 · Subdivision lot owners challenged a nonprofit association’s claim that ownership automati…
Why it matters
This is a major Arizona authority on whether an association can bootstrap itself into mandatory status. It is especially useful in disputes involving older subdivisions, informal neighborhood associations, and retrofitted assessment schemes. For boards and developers, the lesson is blunt: if the burden is supposed to…
cc-and-rsassessmentsboard-governance
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David C. Johnson and Wendee L. Johnson v. The Pointe Community Association, Inc., Patrick Boyle, and Carol Boyle

205 Ariz. 485 (Ct. App. 2003), 1 CA-CV 02-0160
Court of Appeals · July 31, 2003 · Homeowners sued their HOA and neighbors after the HOA declined to require compliance with…
Why it matters
This is a foundational Arizona case for homeowners arguing selective or non-enforcement. It limits the idea that a board can avoid judicial review by labeling a dispute as an exercise of association discretion. For boards, the case is a warning that they need a document-based reason for enforcement choices, especially…
cc-and-rsarchitectural-reviewselective-enforcement
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Scott Canady, Ralph and Margaret Canady, and Pamela Garapich v. Prescott Canyon Estates Homeowners Association, Prescott Canyon Estates Homeowners Association Board of Directors, and Don Larson, President

204 Ariz. 91 (Ct. App. 2002), 1 CA-CV 02-0138
Court of Appeals · November 26, 2002 · Disabled adult son and his parents, plus a seller, sued the HOA after the HOA refused to…
Why it matters
This is one of the clearest Arizona HOA cases on disability accommodations. Boards cannot assume that a valid CC&R or age restriction automatically ends the analysis when a disability-related request is made. For homeowners and counsel, the case is a strong reminder that fair-housing duties can override otherwise enfo…
fair-housingcc-and-rs
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