★ Must-read
Jimmie Klatt v. SunBird Golf Resort Homeowners Association Inc.
1 CA-CV 25-0709
Why it matters
CC&R amendment adding a $300 golf-course assessment was void as unforeseeable under Kalway.
Read case analysis →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.
★ Cases everyone should read (39 cases)
★ Must-read
Baoan Andy Gia Le, et al. v. North Shore Condominium Association, et al.
1 CA-CV 25-0476
Why it matters
A board-adopted rule setting a 30-day minimum lease term is valid under Kalway because it reasonably and foreseeably…
Read case analysis →★ Must-read
A Z N H Revocable Trust v. Sunland Springs Village Homeowners Association
1 CA-CV 25-0424
Why it matters
Open-meeting agendas must give members reasonable notice of board votes and formal HOA action.
Read case analysis →★ Must-read
AZNH Revocable Trust v. Sunland Springs Village Homeowners Association
1 CA-CV 25-0424
Why it matters
HOA votes and formal actions must occur in open meetings with agenda notice of what will be decided.
Read case analysis →★ Must-read
Sundance Adult Village Homeowners Association v. Elliott
2 CA-CV 2024-0314
Why it matters
HOA had to repair a common-area wall; architectural guidelines could not shift the cost to owners.
Read case analysis →★ Must-read
Colin Preston, et al., Plaintiffs/Appellants, v. Las Sendas Community Association, Inc., Defendant/Appellee
1 CA-CV 22-0761
Why it matters
The 1995 CC&Rs, read in their entirety, provided sufficient notice that a durational limit on leases could be…
Read case analysis →★ Must-read
Cheryl Marie McCoy, et al., Plaintiffs/Appellants, v. Leslie Johnson, Defendant/Appellee
1 CA-CV 21-0676
Why it matters
Members and candidates of a large homeowners' association's board are limited-purpose public figures for defamation…
Read case analysis →★ Must-read
Keith and Kathy Campbell, husband and wife, Plaintiffs/Appellants/Cross-Appellees, v. Florence Gardens Mobile Home Association, an Arizona non-profit corporation; Gail and Steven Haskett; Nick and JoAnn Treinen; Emily J. Webster; Gerald C. and Patricia M. Palmatier; Judith A. and Martin C. Weber, Defendants/Appellees/Cross-Appellants
2 CA-CV 2021-0091
Why it matters
The court affirmed dismissal of the homeowners' breach-of-fiduciary-duty claim, holding the allegations were…
Read case analysis →★ Must-read
Gene D. Watson, et al., Plaintiffs/Appellees/Cross-Appellants, v. Leisure World Community Association, Defendant/Appellant/Cross-Appellee
1 CA-CV 20-0592
Why it matters
Both the 2013 Consolidated Declaration and the 2014 Amendment were invalid amendments adopted without the owner…
Read case analysis →★ Must-read
Sycamore Hills Estates Homeowners Association, Inc. v. Zablotny
250 Ariz. 479; 481 P.3d 705 (App. 2021) (No. 2 CA-CV 2019-0200)
Why it matters
A trial court that has general subject-matter jurisdiction over the underlying contract action may enter a…
Read case analysis →★ Must-read
Robert Wollner, Plaintiff/Appellant, v. Spanish Hills Condominium Association, Defendant/Appellee
1 CA-CV 19-0341
Why it matters
Because the bylaws provide that directors are elected at the annual meeting and no July annual meeting was held, no…
Read case analysis →★ Must-read
Swain v. Bixby Village Golf Course, Inc.
247 Ariz. 405, 450 P.3d 270 (App. 2019) (No. 1 CA-CV 18-0397)
Why it matters
A restrictive covenant in a community declaration can impose an affirmative duty, here a duty to actually operate a…
Read case analysis →★ Must-read
Ironwood Commons Community Homeowners Association, Inc. v. Shannon K. Randall
246 Ariz. 412, 439 P.3d 1193 (App. 2019), 1 CA-CV 17-0381
Why it matters
The HOA validly renewed the docketed judgment by filing in the county where the transcript was docketed, but it…
Read case analysis →★ Must-read
Chula Vista Homeowners Association v. Olson
2 CA-SA 2018-0031, 426 P.3d 1228 (App. 2018)
Why it matters
Open-meeting and slander-of-title fee awards required a reduced supersedeas bond on appeal.
Read case analysis →★ Must-read
Norman Zwicky v. Premiere Vacation Collection Owners Association
244 Ariz. 309, 418 P.3d 1108 (App. 2018), 1 CA-CV 16-0659
Why it matters
A timeshare owner who follows the statutory request procedure and has a 'proper purpose' — a desire to obtain…
Read case analysis →★ Must-read
Nickerson v. Green Valley Recreation, Inc.
228 Ariz. 528, 269 P.3d 1179 (App. 2011) (2 CA-CV 2010-0197)
Why it matters
Covenants requiring homeowners to maintain membership in, and pay dues and assessments to, a recreational…
Read case analysis →★ Must-read
Raimey v. Ditsworth (Dreamland Villa Community Club, Inc.)
227 Ariz. 552, 261 P.3d 436 (App. 2011)
Why it matters
On special-action review of a judgment entered on remand, the Court of Appeals held that the Dreamland Villa Second…
Read case analysis →★ Must-read
Villa De Jardines Association v. Flagstar Bank, FSB
227 Ariz. 91, 253 P.3d 288 (App. 2011)
Why it matters
Recorded first deeds of trust have priority over planned-community assessment liens.
Read case analysis →★ Must-read
Gelb v. Department of Fire, Building & Life Safety
225 Ariz. 515, 241 P.3d 512 (App. 2010)
Why it matters
Arizona’s former HOA administrative-hearing system violated separation of powers and lacked jurisdiction.
Read case analysis →★ Must-read
Dreamland Villa Community Club, Inc. v. Raimey
224 Ariz. 42, 226 P.3d 411 (App. 2010)
Why it matters
Generic amendment language did not permit adding mandatory recreation-club membership and dues.
Read case analysis →★ Must-read
Santa Fe Ridge Homeowners' Association v. Bartschi
219 Ariz. 391, 199 P.3d 646
Why it matters
A homeowners' association's lawsuit to compel a homeowner's compliance with existing, already-recorded CC&Rs is not…
Read case analysis →★ Must-read
Richard B. Nolan and Patricia E. Nolan v. Starlight Pines Homeowners Association
1 CA-CV 06-0572
Why it matters
Fair-housing and covenant claims failed because the homeowners did not prove HOA misconduct.
Read case analysis →★ Must-read
McDowell Mountain Ranch Community Association, Inc. v. James F. Simons
216 Ariz. 266, 165 P.3d 667 (App. 2007)
Why it matters
Mandatory CC&R fee clauses must be enforced according to their terms after covenant litigation.
Read case analysis →★ Must-read
Flying Diamond Airpark, LLC v. Meienberg
215 Ariz. 44, 156 P.3d 1149 (App. 2007)
Why it matters
Affirming a mandatory injunction, the Court of Appeals held that a property owner who has actual or constructive…
Read case analysis →★ Must-read
Wilson v. Playa de Serrano
211 Ariz. 511, 123 P.3d 1148 (App. 2005); No. 2 CA-CV 2005-0072
Why it matters
Absent specific authorization in the recorded Declaration (CC&Rs), a common-interest homeowners' association cannot…
Read case analysis →★ Must-read
John W. Shamrock, et al. v. Wagon Wheel Park Homeowners Association
206 Ariz. 42, 75 P.3d 132 (Ct. App. 2003), 1 CA-CV 02-0403
Why it matters
Mandatory membership in a new HOA cannot be imposed without consent or original covenant notice.
Read case analysis →★ Must-read
John W. Shamrock, et al. v. Wagon Wheel Park Homeowners Association
206 Ariz. 42, 75 P.3d 132 (App. 2003) (No. 1 CA-CV 02-0403)
Why it matters
Mandatory membership in a new HOA cannot be imposed without consent or original covenant notice.
Read case analysis →★ Must-read
David C. Johnson and Wendee L. Johnson v. The Pointe Community Association, Inc., Patrick and Carol Boyle
205 Ariz. 485 (Ct. App. 2003), 1 CA-CV 02-0160
Why it matters
Courts interpret HOA restrictive covenants independently; associations receive no special deference.
Read case analysis →★ Must-read
Garden Lakes Community Association, Inc. v. Madigan and Speak
204 Ariz. 234, 62 P.3d 983 (Ct. App. 2003), 1 CA-CV 00-0570
Why it matters
Whether a homeowners association's architectural guidelines 'effectively prohibit' the installation or use of a…
Read case analysis →★ Must-read
Garden Lakes Community Association, Inc. v. Madigan
204 Ariz. 238, 62 P.3d 983 (App. 2003)
Why it matters
HOA solar restrictions are void if they effectively prohibit solar-energy device installation.
Read case analysis →★ Must-read
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
Why it matters
Age-restricted communities may need to waive age limits as a fair-housing reasonable accommodation.
Read case analysis →★ Must-read
Ahwatukee Custom Estates Management Association, Inc. v. George M. Turner and Betty C. Turner
196 Ariz. 631, 2 P.3d 1276 (App. 2000) (Nos. 1 CA-CV 98-0233, 1 CA-CV 98-0528)
Why it matters
Although the homeowners violated the association's CC&Rs and Architectural Committee Guidelines, the trial court did…
Read case analysis →★ Must-read
Mountain View Condominiums Homeowners Ass'n v. Scott
No. 2 CA-CV 93-0288; 180 Ariz. 216, 883 P.2d 453 (App. 1994)
Why it matters
A condominium unit owner's obligation to pay association assessments arises from unit ownership itself, which…
Read case analysis →★ Must-read
Arizona Biltmore Estates Association v. Tezak
177 Ariz. 447, 868 P.2d 1030 (App. 1993)
Why it matters
Declaration text and purpose controlled whether architectural covenants barred a second-story addition.
Read case analysis →★ Must-read
The Villas at Hidden Lakes Condominiums Association v. Geupel Construction Co.
No. 1 CA-CV 90-263; 174 Ariz. 72, 847 P.2d 117 (App. 1992)
Why it matters
Developer authority over assessments survived if supported by the declaration and admissible records.
Read case analysis →★ Must-read
Camelback Del Este Homeowners Ass'n v. Warner
156 Ariz. 21, 749 P.2d 930 (App. 1987)
Why it matters
Restrictive covenants limiting a subdivision to single-family residential use are enforceable against commercial…
Read case analysis →★ Must-read
La Esperanza Townhome Association, Inc. v. Title Security Agency of Arizona
142 Ariz. 235, 689 P.2d 178 (App. 1984)
Why it matters
An amendment to a subdivision's restrictive covenants must apply uniformly to all lots; an amendment that releases…
Read case analysis →★ Must-read
Casita de Castilian, Inc. v. Kenneth K. Kamrath and Mary Elizabeth Kamrath
129 Ariz. 146, 629 P.2d 562 (App. 1981)
Why it matters
A condominium council of co-owners may, through a validly adopted majority-vote bylaw amendment, shift…
Read case analysis →★ Must-read
Heritage Heights Home Owners Ass'n v. Esser
115 Ariz. 330, 565 P.2d 207 (App. 1977)
Why it matters
A valid, enforceable subdivision deed restriction must be enforced by injunction, and the trial court abused its…
Read case analysis →All other cases (37 cases)
Everett Huffman v. Magic Ranch Estates Homeowners' Association, an Arizona Non-Profit Corporation
2 CA-CV 2025-0008
Why it matters
The homeowner's allegations — slamming mailbox doors, vehicle stereos and idling, slammed car doors, headlights…
Read case analysis →Desert Crown III Homeowners Association, an Arizona nonprofit corporation v. Debabrata Gupta, an unmarried man
2 CA-CV 2025-0138
Why it matters
Affirmed. A self-represented (in propria persona) appellant is held to the same procedural standards as a licensed…
Read case analysis →Barcelona Manor Association, Inc. v. Travis L. Nolte
2 CA-CV 2025-0183
Why it matters
Condo owners cannot withhold assessments as self-help even when alleging association nonperformance.
Read case analysis →Sierra Verde Ranch Property Owners Association, Plaintiff/Appellee, v. Scott B. McLaren, Defendant/Appellant
1 CA-CV 25-0384
Why it matters
An owner who accepts a deed subject to recorded CC&Rs is contractually bound to pay HOA assessments, and that…
Read case analysis →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
Why it matters
A.R.S. § 33-1807 implicitly abrogates the usual common-law authority to undo an HOA foreclosure sale for grossly…
Read case analysis →Robert Jashinsky v. Dorada Estates Community Association, Inc.
1 CA-CV 24-0721
Why it matters
Broad design-review discretion still had to be exercised within the governing documents and evidence.
Read case analysis →Paul Gounder, Plaintiff/Appellant, v. Royal Riviera Condominium Association, Defendant/Appellee.
1 CA-CV 24-0594
Why it matters
Gounder failed to file a notice of appeal within the 20-day window and, even if his filings were treated as a timely…
Read case analysis →Lakewood Estates Homeowners Association, Plaintiff/Appellee, v. Michael A. Urbano, Defendant/Appellant
1 CA-CV 24-0377
Why it matters
Justice court lacked jurisdiction to void all future HOA assessments in a small-claims collection case.
Read case analysis →Gordon Gross, et al. v. The Shores at Rainbow Lake Community Association
1 CA-CV 23-0394
Why it matters
The new short-term rental ban was invalid under Arizona amendment-notice principles, but the cap on unrelated…
Read case analysis →Gallery Community Association v. K. Hovnanian at Gallery
1 CA-CV 23-0375
Why it matters
Planned-community HOA had standing to pursue construction-defect claims for maintained lot components.
Read case analysis →Daniel Mason, et al. v. La Glorieta Homeowners Association, et al.
1 CA-CV 23-0437
Why it matters
An HOA has no duty to enforce its CC&Rs against a violating owner unless the governing documents expressly obligate…
Read case analysis →Vista Del Corazon Homeowners Association v. Smith
2 CA-CV 2023-0071
Why it matters
Applying Kalway v. Calabria Ranch HOA, the court held that an HOA cannot use the CC&R amendment process to impose…
Read case analysis →Village of Oakcreek Association v. Lance E. Bonham
1 CA-CV 22-0780
Why it matters
The Court of Appeals affirmed dismissal for Bonham and held the challenged short-term-rental amendments were not…
Read case analysis →TRAILS AT AMBER RIDGE HOMEOWNERS ASSOCIATION, an Arizona nonprofit corporation, Plaintiff, v. GERARDO MACIAS, a married man, as his sole and separate property; COMMUNITY HOUSING RESOURCES OF ARIZONA; ARIZONA HOME FORECLOSURE PREVENTION FUNDING CORPORATION, Defendants/Appellees, MARICOPOLY, LLC, a limited liability company, Intervenor/Appellant.
2 CA-CV 2022-0096
Why it matters
Although the trial court erred by granting the junior lienholder's motion to release excess foreclosure proceeds…
Read case analysis →Cheryl Marie McCoy, et al. v. Ken Hassen, et al.
1 CA-CV 21-0524
Why it matters
Affirmed in part, reversed in part, and remanded.
Read case analysis →Tortosa Homeowners Association v. Davis Garcia; Maricopoly, LLC, Intervenor/Appellant/Cross-Appellee; Durable Investments, LLC, Assignee/Appellee/Cross-Appellant
2 CA-CV 2021-0114
Why it matters
Senior lienholder was not automatically entitled to excess proceeds from a junior HOA foreclosure.
Read case analysis →Eli v. Procaccianti AZ II LP
1 CA-CV 20-0476 (Ariz. Ct. App. Aug. 24, 2021) (mem. decision)
Why it matters
Disputed litigation settlement was unenforceable without the written assent required by Rule 80(a).
Read case analysis →Tarter, et al. v. Bendt, et al.
1 CA-CV 19-0703 (Ariz. App. Div. 1 Jan. 28, 2021) (memorandum decision — not precedential under Ariz. R. Sup. Ct. 111(c))
Why it matters
The Court of Appeals affirmed the defamation judgment in full.
Read case analysis →Bergeson v. West Frontier Condominiums HOA, Inc.
No. 2 CA-CV 2019-0117 (Ariz. Ct. App. Oct. 30, 2020) (mem. decision)
Why it matters
The condominium association was entitled to judgment as a matter of law on the wrongful-death negligence claim.
Read case analysis →Laveen Meadows Homeowners Association v. Mejia
1 CA-CV 18-0276
Why it matters
HOA lien foreclosure judgment properly included assessments, fees, and statutory lien priorities.
Read case analysis →Greenberg v. McGowan
1 CA-CV 19-0061
Why it matters
Greenberg showed no error in the interpretation and enforcement of the recorded CC&Rs — the covenants did not…
Read case analysis →R. L. Whitmer v. Hilton Casitas Homeowners Association, et al.
1 CA-CV 17-0543
Why it matters
Superior court could enforce a final administrative HOA dispute decision after the appeal period expired.
Read case analysis →Diana R. Shaffer, et al. v. Procaccianti AZ II, L.P., et al. (Hilton Casitas Council of Homeowners) (consolidated with Whitmer and London)
1 CA-CV 16-0628 (consolidated with 1 CA-CV 16-0629 and 1 CA-CV 16-0654)
Why it matters
Prior judgment did not preclude later litigation over the HOA status, authority, and assessment claims.
Read case analysis →Patricia Bocchino v. Fountain Shadows Homeowners Association
1 CA-CV 16-0710
Why it matters
The Court of Appeals affirmed judgment for Bocchino and held the HOA improperly assessed attorney fees against her…
Read case analysis →Turtle Rock III HOA v. Fisher
1 CA-CV 16-0455
Why it matters
The trial court's injunction ordering property repairs is affirmed because the homeowner waived her interior…
Read case analysis →Turtle Rock III Homeowners Association v. Fisher
1 CA-CV 16-0455 (243 Ariz. 294, 406 P.3d 824 (App. 2017), later depublished)
Why it matters
HOA fines require statutory and CC&R authority plus a properly promulgated penalty schedule.
Read case analysis →Colette McNally v. Sun Lakes Homeowners Association #1, Inc.
1 CA-CV 15-0744
Why it matters
HOA board lacked authority to exclude a duly elected director from executive sessions.
Read case analysis →Tucson Estates Property Owners Association, Inc. v. McGovern
2 CA-CV 2015-0069 (Ariz. Ct. App.)
Why it matters
Unilateral CC&R fee provisions do not mandate reciprocal fee awards under A.R.S. 12-341.01(A).
Read case analysis →Hawk v. PC Village Association
1 CA-CV 12-0362
Why it matters
A.R.S. § 33-441 bars enforcement of certain old covenants only prospectively.
Read case analysis →Joan Tober, Plaintiff/Appellant, v. Civano 1: Neighborhood Association, Inc., an Arizona nonprofit corporation; and Rick Hanson, Mark Levine, George Luis, Lee Rayburn, Bob Small, Chris Shipley, and Les Shipley, Defendants/Appellees
2 CA-CV 2012-0129
Why it matters
Under A.R.S. § 33-1812, a planned community association may conduct its board election exclusively by mail-in…
Read case analysis →Pinnacle Peak Vistas III Homeowners' Association v. Derailed, LLC
No. 1 CA-CV 10-0604 (Ariz. Ct. App. Div. One May 31, 2011) (mem. decision)
Why it matters
Court affirmed owner wins on landscaping/structure theories but remanded the narrower unsightly-object issue.
Read case analysis →Cypress on Sunland HOA v. Orlandini
1 CA-CV 10-0142 and 1 CA-CV 10-0235 (Consolidated)
Why it matters
Under A.R.S. § 33-1807(B)(2), a recorded first deed of trust has priority over a homeowners association's assessment…
Read case analysis →Cropley v. Recreation Centers of Sun City, Inc.
1 CA-CV 10-0034
Why it matters
Affirmed. Recreation Centers waived any right to challenge the validity or interpretation of the 1979 Agreement…
Read case analysis →College Book Centers v. Carefree Foothills HOA
1 CA-CV 08-0450
Why it matters
The homeowners' association did not waive its CC&R restrictions because two prior roadway easements in a…
Read case analysis →Tierra Ranchos HOA v. Kitchukov
1 CA-CV 06-0474
Why it matters
Architectural-review discretion is judged under the governing documents and record, not board preference alone.
Read case analysis →Multari v. Gress
1 CA-CV 06-0221
Why it matters
A developer cannot utilize private deed restrictions on multiple lots in a residential subdivision to alter uniform…
Read case analysis →Vales v. Kings Hill Condominium Association
1 CA-CV 04-0816
Why it matters
The Court of Appeals issued its opinion and memorandum decision on December 22, 2005, and subsequently issued a…
Read case analysis →