Gallery Community Association v. K. Hovnanian at Gallery: Planned Community HOA Standing for Construction Defects

Posted on by

Construction Defects | A.R.S. §§ 33-2001, 33-2002 | 1 CA-CV 23-0375

This landmark Arizona appellate case establishes that planned community homeowners’ associations can sue developers for construction defects affecting common areas and individually owned exteriors. It clarifies a long-standing standing dispute and prevents developers from avoiding warranty liability simply based on an HOA’s corporate structure.

Last updated June 30, 2026. Case: Gallery, Court of Appeals No. 1 CA-CV 23-0375; judgment vacated and remanded — under review by the Arizona Supreme Court (No. CV-24-0252-PR).

Download the appellate opinion Download the record index Source-file index FAQ

Current-status note: This page is published as a litigation record based on the source files available through 2025-03-06. Later filings, appeals, mandates, settlements, or dismissal orders may change the posture; the linked court records control.

Pipeline note: the public raw-source folder contains source files that were not in the last staged NotebookLM source set. The page remains a source-linked record, but generated media should be rebuilt or rechecked after the staged source manifest catches up.

Scope note: This page reviews the Arizona Court of Appeals decision confirming that planned community homeowners’ associations have standing to bring representative construction-defect claims for common areas and properties they are obligated to maintain. The Arizona Supreme Court granted review (No. CV-24-0252-PR), heard oral argument en banc on April 22, 2025, and has the case under advisement; no opinion has issued as of mid-2026, so the Court of Appeals decision is not yet final. This page is educational and is not legal advice.

The takeaway

The Arizona Court of Appeals held that under both Arizona common law and A.R.S. §§ 33-2001 and 33-2002, a planned community homeowners’ association has representative standing to bring construction defect actions for breach of the implied warranty of workmanship and habitability regarding common areas and property it does not own but is contractually obligated to maintain.

Case Participants

Petitioner Side

  • Gallery Community Association (Plaintiff)
    The homeowners' association representing the townhome community in Scottsdale, Arizona.
  • Bob Vander Waal (Association President)
    Gallery Community Association
    President of the GCA Board of Directors who provided the statutory pre-litigation notice affidavit.
  • Craig S. Nuss (Counsel)
    Burg Simpson Eldredge Hersh & Jardine, P.C.
    Represented Plaintiff/Appellant Gallery Community Association.
  • Penny J. Manship (Counsel)
    Burg Simpson Eldredge Hersh & Jardine, P.C.
    Represented Plaintiff/Appellant Gallery Community Association.
  • Grace M. Osberg (Counsel)
    Burg Simpson Eldredge Hersh & Jardine, P.C.
    Represented Plaintiff/Appellant Gallery Community Association.
  • Robert G. Schaffer (Counsel)
    Holden Willits PLC
    Represented Plaintiff/Appellant Gallery Community Association.
  • Roger E. Brodman (Counsel)
    Holden Willits PLC
    Represented Plaintiff/Appellant Gallery Community Association.
  • Thomas L. Hudson (Counsel)
    Osborn Maledon, P.A.
    Represented Amici Curiae Aire on McDowell Community Association.
  • John S. Bullock (Counsel)
    Osborn Maledon, P.A.
    Represented Amici Curiae Aire on McDowell Community Association.

Respondent Side

  • K. Hovnanian at Gallery, LLC (Defendant)
    The declarant, developer, and vendor of the townhomes.
  • K. Hovnanian Arizona Operations, LLC (Defendant)
    The general contractor responsible for the construction of the project.
  • K. Hovnanian Developments of Arizona, Inc. (Defendant)
    Member of K. Hovnanian at Gallery, LLC; subsequently dismissed without prejudice.
  • K. Hovnanian Companies of Arizona, LLC (Defendant)
    Entity allegedly involved in design/construction; dismissed with prejudice.
  • Desert Vista, Inc. (Defendant)
    Third-party defendant and subcontractor.
  • Renco, LLC dba Renco Roofing (Defendant)
    Third-party defendant and roofing subcontractor.
  • LeBlanc Building Co., Inc. (Defendant)
    Third-party defendant and subcontractor; dismissed following settlement.
  • Liberty Constructors, LLC (Defendant)
    Third-party defendant and concrete subcontractor.
  • Sargon Masonry Construction, LLC (Defendant)
    Third-party defendant and masonry subcontractor; dismissed with prejudice.
  • Gothic Landscaping, Inc. (Defendant)
    Third-party defendant and landscaping subcontractor; dismissed with prejudice.
  • Chas Roberts Air Conditioning, Inc. (Defendant)
    Third-party defendant and HVAC subcontractor; dismissed with prejudice following settlement.
  • Custom Leasing, Inc. dba Home Builders Site Services of Arizona, LLC (Defendant)
    Third-party defendant and subcontractor; dismissed with prejudice.
  • Dennis I. Wilenchik (Counsel)
    Wilenchik & Bartness, P.C.
    Represented Defendants/Appellees K. Hovnanian.
  • Barbara J. Stansil (Counsel)
    Wilenchik & Bartness, P.C.
    Represented Defendants/Appellees K. Hovnanian.
  • Louis W. Horowitz (Counsel)
    Lorber, Greenfield & Polito, LLP
    Represented Defendants/Appellees K. Hovnanian.
  • Amy Wilkens (Counsel)
    Lorber, Greenfield & Polito, LLP
    Represented Defendants/Appellees K. Hovnanian.
  • Holly P. Davies (Counsel)
    Lorber, Greenfield & Polito, LLP
    Represented Defendants/Appellees K. Hovnanian.
  • Leslie K. Harrach (Counsel)
    Lorber, Greenfield & Polito, LLP
    Represented Defendants/Appellees K. Hovnanian.
  • Matthew V. Moosbrugger (Counsel)
    Wilenchik & Bartness, P.C.
    Represented Defendants/Appellees K. Hovnanian.
  • Michael A. Ludwig (Counsel)
    Jones, Skelton & Hochuli, P.L.C.
    Represented Third-Party Defendant LeBlanc Building Co., Inc.
  • Stephen F. Best (Counsel)
    Jones, Skelton & Hochuli, P.L.C.
    Represented Third-Party Defendant LeBlanc Building Co., Inc.
  • Thomas J. Shorall Jr. (Counsel)
    Shorall McGoldrick Brinkmann
    Represented Third-Party Defendant Liberty Constructors.
  • Jason J. Boblick (Counsel)
    Shorall McGoldrick Brinkmann
    Represented Third-Party Defendant Liberty Constructors.
  • Rina K. Rai (Counsel)
    Rai Duer, P.C.
    Represented Third-Party Defendants Renco Roofing and Desert Vista, Inc.
  • Mohamad H. Tokko (Counsel)
    Rai Duer, P.C.
    Represented Third-Party Defendants Renco Roofing and Desert Vista, Inc.
  • Shannon Guerrero Huff (Counsel)
    Rai & Barone, P.C.
    Represented Third-Party Defendant Renco Roofing.
  • Leonard T. Fink (Counsel)
    Springel & Fink LLP
    Represented Third-Party Defendant Sargon Masonry Construction, LLC.
  • David S. Schopick (Counsel)
    Springel & Fink LLP
    Represented Third-Party Defendant Sargon Masonry Construction, LLC.
  • C. Cole Crabtree (Counsel)
    Jaburg & Wilk, P.C.
    Represented Third-Party Defendant Gothic Landscaping, Inc.
  • Amanda R. Hough (Counsel)
    Jaburg & Wilk, P.C.
    Represented Third-Party Defendant Gothic Landscaping, Inc.
  • Teresa Hayashi Wales (Counsel)
    Welsh Law Group, PLC
    Represented Third-Party Defendant Chas Roberts Air Conditioning, Inc.
  • James Harvey (Witness)
    K. Hovnanian at Gallery, LLC
    30(b)(6) corporate representative deposed regarding the common areas and construction punch lists.

Neutral Parties

  • Aire on McDowell Community Association (Other)
    Amicus Curiae association in the appellate court proceeding.
  • Hon. Katherine Cooper (Judge)
    Maricopa County Superior Court
    Presiding trial court judge who granted summary judgment and awarded attorneys' fees.
  • Hon. Michael Kemp (Judge)
    Maricopa County Superior Court
    Initial trial court judge assigned to the case.
  • Hon. Andrew M. Jacobs (Judge)
    Arizona Court of Appeals, Division One
    Presiding Judge of Department B; authored the appellate opinion.
  • Hon. Jennifer M. Perkins (Judge)
    Arizona Court of Appeals, Division One
    Appellate judge on the panel that vacated the trial court's judgment.
  • Hon. David D. Weinzweig (Judge)
    Arizona Court of Appeals, Division One
    Appellate judge on the panel that vacated the trial court's judgment.
  • Hon. Melina Brill (Judge)
    Arizona Court of Appeals, Division One
    Judge Pro Tempore who issued procedural order dismissing the premature appeal and granting extensions.
  • Hon. David B. Gass (Judge)
    Arizona Court of Appeals, Division One
    Chief Judge of the Court of Appeals who issued procedural orders.
  • Hon. Jeff Fine (Other)
    Maricopa County Superior Court
    Clerk of the Maricopa County Superior Court.
  • Amy M. Wood (Other)
    Arizona Court of Appeals, Division One
    Clerk of the Court of Appeals.
  • Tracie K. Lindeman (Other)
    Arizona Supreme Court
    Clerk of the Arizona Supreme Court.

What happened

The dispute arose from extensive construction defects at The Gallery, a townhome development built by K. Hovnanian. The community is organized as a planned community rather than a condominium, with the individual lot owners holding title to their townhome units, roofs, and exterior stucco walls, while the Gallery Community Association (the HOA) maintains title to the common areas. Under Section 8 of the community’s CC&Rs, the HOA is contractually obligated to repair and maintain both the common areas and the exteriors of individual residences, funded by equal pro-rata assessments levied upon all member homeowners.

In July 2020, the HOA filed a construction defect lawsuit in Maricopa County Superior Court against K. Hovnanian, alleging negligent construction and breach of the implied warranty of workmanship and habitability regarding defective roofs, stucco exterior walls, and common area elements. K. Hovnanian filed third-party complaints against its subcontractors and moved for summary judgment, asserting that the planned community HOA lacked standing to bring implied warranty claims because it did not own the residential units. The trial court granted summary judgment for K. Hovnanian and awarded over $358,000 in attorneys’ fees and costs against the HOA, which GCA appealed.

Video overview of the case record

An AI-generated video overview of Gallery Community Association v. K. Hovnanian at Gallery (1 CA-CV 23-0375). Planned-community HOA had standing to pursue construction-defect claims for maintained lot components. This plain-language summary was generated from the court’s filings; the court’s own ruling controls.

Listen: audio deep dive on the case record

An AI-generated audio deep dive walking through the court record and procedural posture in Gallery Community Association v. K. Hovnanian at Gallery. Generated from the case filings; verify against the linked case records below.

Audio overview generated with Google NotebookLM from the case’s court filings.

Procedural timeline

Step 2020-07-27 Gallery Community Association files its initial Complaint and Jury Demand against K. Hovnanian in Maricopa County Superior Court.
Step 2020-08-20 K. Hovnanian files its initial Rule 12(b)(6) Motion to Dismiss, raising the economic loss rule and standing issues.
Step 2020-09-22 K. Hovnanian files its Answer to the Complaint.
Step 2020-10-06 K. Hovnanian files a Third-Party Complaint impleading various subcontractors, including Desert Vista, Renco Roofing, Sargon Masonry, and Liberty Constructors.
Step 2021-02-19 K. Hovnanian files its first Motion for Summary Judgment, asserting the HOA lacks contract or warranty privity.
Step 2021-04-27 Superior Court Judge Michael Kemp holds a status conference and defers ruling on K. Hovnanian's summary judgment motion to allow for discovery.
Step 2022-09-20 The trial court enters an order dismissing Third-Party Defendant Home Builders Site Services of Arizona with prejudice following a settlement.
Step 2022-09-30 K. Hovnanian files its second Motion for Summary Judgment Regarding Each of Plaintiff's Causes of Action, arguing GCA lacks standing to assert implied warranty claims.
Step 2023-01-13 The trial court (Hon. Katherine Cooper) hears oral argument on all pending summary judgment motions.
Step 2023-02-08 Maricopa County Superior Court Judge Katherine Cooper enters a ruling granting summary judgment in favor of K. Hovnanian, finding the planned community HOA lacks standing.
Step 2023-04-25 The trial court enters a ruling granting K. Hovnanian and third-party defendants' applications for substantial attorneys' fees and costs under A.R.S. § 12-341.01.
Step 2023-04-26 Judge Cooper signs the Final Judgment in favor of K. Hovnanian and against GCA, certified under Rule 54(c).
Step 2023-05-18 GCA files its Notice of Appeal to the Arizona Court of Appeals, Division One.
Step 2023-09-26 GCA files its Amended Opening Brief with the Court of Appeals.
Step 2023-12-01 K. Hovnanian files its Answering Brief and accompanying appendix.
Step 2024-01-04 GCA files its Appellate Reply Brief.
Step 2024-02-16 The Court of Appeals grants leave and accepts the Amicus Curiae brief filed by Aire on McDowell Community Association.
Step 2024-04-23 Oral argument is heard before Court of Appeals Department B (Judges Jacobs, Perkins, and Weinzweig).
Step 2024-08-06 The Court of Appeals issues its published opinion vacating the superior court's summary judgment and attorneys' fees awards, and remands the case.
Step 2024-08-21 K. Hovnanian files a Motion for Reconsideration with the Court of Appeals Department B.
Step 2024-10-08 The Court of Appeals enters an order denying K. Hovnanian's Motion for Reconsideration.
Step 2024-10-23 K. Hovnanian files a Petition for Review with the Arizona Supreme Court.
Step 2025-01-31 The Arizona Supreme Court enters an order continuing the Petition for Review.
Step 2025-03-04 The Arizona Supreme Court enters an order granting K. Hovnanian's Petition for Review and sets the case for oral argument.
Step 2025-04-22 The Arizona Supreme Court hears oral argument en banc (No. CV-24-0252-PR) and takes the matter under advisement; Justice Maria Elena Cruz is recused and retired Justice John Pelander sits by designation. As of mid-2026, no opinion has issued.

Complete source-document index

This index contains 426 PDFs from the reviewed public source packet. Byte-identical copies are listed once. Files are ordered by the date and sequence in the public filename, and party filings or research materials are labeled separately from court rulings.

Source 2 2023-06-23

0000 Index Of Record

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_002_0000-index-of-record.pdf
Source 5 2023-06-23

0003 Civil Cover Sheet

Type: Court/source PDF

Court intake document classifying the case for filing and assignment purposes.

Download source file
2023-06-23_005_0003-civil-coversheet.pdf
Source 11 2023-06-23

0009 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_011_0009-summons.pdf
Source 12 2023-06-23

0010 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_012_0010-summons.pdf
Source 13 2023-06-23

0011 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_013_0011-summons.pdf
Source 14 2023-06-23

0012 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_014_0012-summons.pdf
Source 15 2023-06-23

0013 Motion To Dismiss

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

Download source file
2023-06-23_015_0013-motion-to-dismiss.pdf
Source 16 2023-06-23

0014 Credit Memo

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_016_0014-credit-memo.pdf
Source 17 2023-06-23

0015 Minute Entry Disqualification 08212020

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_017_0015-me-disqualification-08212020.pdf
Source 19 2023-06-23

0017 Minute Entry Case Reassigned 09012020

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_019_0017-me-case-reassigned-09012020.pdf
Source 24 2023-06-23

0022 Affidavit Of Service

Type: Declaration or affidavit

Proof-of-service material; check it to understand who was served and when deadlines started.

Download source file
2023-06-23_024_0022-affidavit-of-service.pdf
Source 25 2023-06-23

0023 Affidavit Of Service

Type: Declaration or affidavit

Proof-of-service material; check it to understand who was served and when deadlines started.

Download source file
2023-06-23_025_0023-affidavit-of-service.pdf
Source 26 2023-06-23

0024 Affidavit Of Service

Type: Declaration or affidavit

Proof-of-service material; check it to understand who was served and when deadlines started.

Download source file
2023-06-23_026_0024-affidavit-of-service.pdf
Source 27 2023-06-23

0025 Affidavit Of Service

Type: Declaration or affidavit

Proof-of-service material; check it to understand who was served and when deadlines started.

Download source file
2023-06-23_027_0025-affidavit-of-service.pdf
Source 28 2023-06-23

0026 Affidavit Of Service

Type: Declaration or affidavit

Proof-of-service material; check it to understand who was served and when deadlines started.

Download source file
2023-06-23_028_0026-affidavit-of-service.pdf
Source 29 2023-06-23

0027 Affidavit Of Service

Type: Declaration or affidavit

Proof-of-service material; check it to understand who was served and when deadlines started.

Download source file
2023-06-23_029_0027-affidavit-of-service.pdf
Source 30 2023-06-23

0028 Affidavit Of Service

Type: Declaration or affidavit

Proof-of-service material; check it to understand who was served and when deadlines started.

Download source file
2023-06-23_030_0028-affidavit-of-service.pdf
Source 31 2023-06-23

0029 Affidavit Of Service

Type: Declaration or affidavit

Proof-of-service material; check it to understand who was served and when deadlines started.

Download source file
2023-06-23_031_0029-affidavit-of-service.pdf
Source 32 2023-06-23

0030 Affidavit Of Service

Type: Declaration or affidavit

Proof-of-service material; check it to understand who was served and when deadlines started.

Download source file
2023-06-23_032_0030-affidavit-of-service.pdf
Source 33 2023-06-23

0031 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_033_0031-summons.pdf
Source 34 2023-06-23

0032 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_034_0032-summons.pdf
Source 35 2023-06-23

0033 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_035_0033-summons.pdf
Source 36 2023-06-23

0034 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_036_0034-summons.pdf
Source 37 2023-06-23

0035 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_037_0035-summons.pdf
Source 38 2023-06-23

0036 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_038_0036-summons.pdf
Source 39 2023-06-23

0037 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_039_0037-summons.pdf
Source 40 2023-06-23

0038 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_040_0038-summons.pdf
Source 41 2023-06-23

0039 Summons

Type: Procedural/service filing

Service document used to notify a defendant or respondent that the case has been filed.

Download source file
2023-06-23_041_0039-summons.pdf
Source 57 2023-06-23

0055 Defendantsthirdparty Plaintiff

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_057_0055-defendantsthirdparty-plaintiff.pdf
Source 58 2023-06-23

0056 Defendantsthirdparty Plaintiff

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_058_0056-defendantsthirdparty-plaintiff.pdf
Source 80 2023-06-23

0078 Defendantsthirdparty Plaintiff

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_080_0078-defendantsthirdparty-plaintiff.pdf
Source 82 2023-06-23

0080 Minute Entry Status Conference Set 04222021

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_082_0080-me-status-conference-set-04222021.pdf
Source 83 2023-06-23

0081 Minute Entry Status Conference 04272021

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_083_0081-me-status-conference-04272021.pdf
Source 84 2023-06-23

0082 Joint Report

Type: Court/source PDF

Case-management filing; it tells the court how the parties propose to schedule and manage the case.

Download source file
2023-06-23_084_0082-joint-report.pdf
Source 85 2023-06-23

0083 Scheduling Order

Type: Court order/minute entry

Sets or changes case deadlines, hearing dates, disclosure dates, or other procedural milestones.

Download source file
2023-06-23_085_0083-scheduling-order.pdf
Source 105 2023-06-23

0103 Minute Entry Conference Resetcontinued 1123

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_105_0103-me-conference-resetcontinued-1123.pdf
Source 114 2023-06-23

0112 Minute Entry Case On Dismissal Calendarparti

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_114_0112-me-case-on-dismissal-calendarparti.pdf
Source 122 2023-06-23

0120 Minute Entry Conference Resetcontinued 0314

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_122_0120-me-conference-resetcontinued-0314.pdf
Source 123 2023-06-23

0121 Minute Entry Case On Dismissal Calendarparti

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_123_0121-me-case-on-dismissal-calendarparti.pdf
Source 125 2023-06-23

0123 Notice Of Firm Name Change

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2023-06-23_125_0123-notice-of-firm-name-change.pdf
Source 142 2023-06-23

0140 Notice Of Firm Name Change

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2023-06-23_142_0140-notice-of-firm-name-change.pdf
Source 153 2023-06-23

0151 Minute Entry Oral Argument Set 05162022

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_153_0151-me-oral-argument-set-05162022.pdf
Source 154 2023-06-23

0152 Minute Entry Matter Under Advisement 0610202

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_154_0152-me-matter-under-advisement-0610202.pdf
Source 157 2023-06-23

0155 Notice Of Appearance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2023-06-23_157_0155-notice-of-appearance.pdf
Source 175 2023-06-23

0173 Minute Entry Conference Resetcontinued 0701

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_175_0173-me-conference-resetcontinued-0701.pdf
Source 179 2023-06-23

0177 Notice Of Firm Name Change

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2023-06-23_179_0177-notice-of-firm-name-change.pdf
Source 232 2023-06-23

0230 Joint Status Report

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_232_0230-joint-status-report.pdf
Source 233 2023-06-23

0231 Minute Entry Trial Setting 10112022

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_233_0231-me-trial-setting-10112022.pdf
Source 234 2023-06-23

0232 Defendantsthirdparty Plaintiff

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_234_0232-defendantsthirdparty-plaintiff.pdf
Source 250 2023-06-23

0248 Defendantsthirdparty Plaintiffs

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_250_0248-defendantsthirdparty-plaintiffs.pdf
Source 265 2023-06-23

0263 Minute Entry Oral Argument Set 12132022

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_265_0263-me-oral-argument-set-12132022.pdf
Source 270 2023-06-23

0268 Minute Entry Matter Under Advisement 0113202

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_270_0268-me-matter-under-advisement-0113202.pdf
Source 291 2023-06-23

0289 Minute Entry Conference Resetcontinued 0202

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_291_0289-me-conference-resetcontinued-0202.pdf
Source 317 2023-06-23

0317 Notice Of Appeal

Type: Procedural/service filing

Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.

Download source file
2023-06-23_319_0317-notice-of-appeal.pdf
Source 323 2023-06-23

0323 Court Of Appeals Receipt

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_325_0323-court-of-appeals-receipt.pdf
Source 324 2023-06-23

0324 Electronic Index Of Record

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2023-06-23_326_0324-electronic-index-of-record.pdf
Source 326 2023-06-23

0326 Minute Entry Judgmentdecree 04262023

Type: Decision or judgment

Decision document; read it to understand the controlling result before moving to later filings.

Download source file
2023-06-23_328_0326-me-judgmentdecree-04262023.pdf
Source 328 2023-06-23

0328 Notice Of Appeal

Type: Procedural/service filing

Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.

Download source file
2023-06-23_330_0328-notice-of-appeal.pdf
Source 340 2023-07-13

0000 Case Management Statement

Type: Court/source PDF

Case-management filing; it tells the court how the parties propose to schedule and manage the case.

Download source file
2023-07-13_342_0000-case-management-statement.pdf
Source 342 2023-07-20

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2023-07-20_344_0001-certificate-of-service.pdf
Source 350 2023-09-22

0001 Certificate Of Compliance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2023-09-22_352_0001-certificate-of-compliance.pdf
Source 351 2023-09-22

0002 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2023-09-22_353_0002-certificate-of-service.pdf
Source 354 2023-09-26

0000 Request For Oral Argument

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

Download source file
2023-09-26_356_0000-request-for-oral-argument.pdf
Source 355 2023-09-26

0001 Certificate Of Compliance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2023-09-26_357_0001-certificate-of-compliance.pdf
Source 358 2023-09-26

0002 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2023-09-26_360_0002-certificate-of-service.pdf
Source 359 2023-10-02

0000 Request For Oral Argument

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

Download source file
2023-10-02_361_0000-request-for-oral-argument.pdf
Source 361 2023-10-12

0000 Order Substituting Brief

Type: Court order/minute entry

Court or agency order; this is usually the document that tells readers what changed next.

Download source file
2023-10-12_363_0000-order-substituting-brief.pdf
Source 363 2023-10-25

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2023-10-25_365_0001-certificate-of-service.pdf
Source 373 2024-01-04

0000 Appellants Reply Brief

Type: Briefing paper

Reply paper; usually the final written response before the court takes the issue under advisement.

Download source file
2024-01-04_375_0000-appellants-reply-brief.pdf
Source 374 2024-01-04

0001 Certificate Of Compliance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2024-01-04_376_0001-certificate-of-compliance.pdf
Source 375 2024-01-04

0002 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2024-01-04_377_0002-certificate-of-service.pdf
Source 376 2024-01-19

0000 Request For Oral Argument

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

Download source file
2024-01-19_378_0000-request-for-oral-argument.pdf
Source 380 2024-01-24

0001 Certificate Of Compliance

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2024-01-24_382_0001-certificate-of-compliance.pdf
Source 381 2024-01-24

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2024-01-24_383_0001-certificate-of-service.pdf
Source 384 2024-02-07

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2024-02-07_387_0001-certificate-of-service.pdf
Source 389 2024-02-09

0337 Returned Mail

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2024-02-09_392_0337-returned-mail.pdf
Source 390 2024-02-09

0338 Court Of Appeals Receipt

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2024-02-09_393_0338-court-of-appeals-receipt.pdf
Source 391 2024-02-09

0339 Electronic Index Of Record

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2024-02-09_394_0339-electronic-index-of-record.pdf
Source 392 2024-02-09

0340 Returned Mail

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
2024-02-09_395_0340-returned-mail.pdf
Source 410 2024-04-01

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2024-04-01_413_0001-certificate-of-service.pdf
Source 415 2024-08-06

0000 Opinion

Type: Decision or judgment

Opinion holding that under both Arizona common law and A.R.S. §§ 33-2001 and 33-2002, a planned community homeowners' association has representative standing to bring construction defect actions for breach of the implied warranty of workmanship and habitability regarding common areas and property it does not own but is contractually obligated to maintain.

Download source file
2024-08-06_418_0000-opinion.pdf
Source 417 2024-08-21

0000 Notice Of Firm Name Change

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2024-08-21_420_0000-notice-of-firm-name-change.pdf
Source 419 2024-08-21

0001 Certificate Of Service

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Download source file
2024-08-21_422_0001-certificate-of-service.pdf

FAQ

Does a planned community HOA in Arizona have the right to sue a builder for construction defects?

Yes. Under A.R.S. §§ 33-2001 and 33-2002, and the precedent established in this case, planned community HOAs have standing to bring representative lawsuits for construction defects in common areas and individually owned properties (like roofs or exterior walls) they are obligated to maintain under their CC&Rs.

What did the court decide about defect claims on property the HOA doesn't own?

The Arizona Court of Appeals held that an HOA has representative standing to sue for defects on properties it does not own, provided the community’s CC&Rs contractually obligate the association to maintain and repair those areas, such as townhome roofs and exterior stucco walls.

Is the ruling in Gallery Community Association v. K. Hovnanian precedential?

Yes, this is a published opinion of the Arizona Court of Appeals, meaning it is a binding legal precedent across Arizona. However, because the Arizona Supreme Court granted K. Hovnanian’s petition for review in March 2025, boards and counsel must monitor the case for any subsequent modifications by the high court.

What steps must an HOA take before filing a construction defect lawsuit?

An HOA must satisfy the pre-litigation requirements under A.R.S. § 33-2002, which include providing material disclosure to members, holding a properly noticed meeting, obtaining board authorization, and giving the seller notice of the alleged defects with an opportunity to cure.

Can a developer escape warranty liability because an HOA is not a condominium association?

No. The court rejected the developer’s argument that representative defect standing is limited strictly to condominium associations under A.R.S. § 33-1242. Both planned community and condominium HOAs possess the statutory and common-law right to bring dwelling actions on commonly managed property.

Case Dossier

This dossier combines the case metadata, linked court sources, and the explanatory sections below. It distinguishes court rulings from party filings, allegations, and requested relief.

Case Summary

Case ID / citation1 CA-CV 23-0375
Court / tribunalCourt of Appeals
Decision / key dateAugust 6, 2024
Judge / panelHon. Andrew M. Jacobs, Hon. Jennifer M. Perkins, Hon. David D. Weinzweig
PartiesGallery Community Association (Plaintiff/Appellant) v. K. Hovnanian at Gallery, LLC, et al. (Defendants/Appellees)
Governing law
Topics
CC&RsProcedureAttorney FeesBoard Governance
Outcome / holding

The Arizona Court of Appeals held that under both Arizona common law and A.R.S. §§ 33-2001 and 33-2002, a planned community homeowners' association has representative standing to bring construction defect actions for breach of the implied warranty of workmanship and habitability regarding common areas and property it does not own but is contractually obligated to maintain.

Parties, Court, and Research Coverage

Reviewed source package426 PDFs
Step-by-step docket roadmap25 roadmap entries
Video overviewGallery Community Association v. K. Hovnanian at Gallery
Study / briefing material1 section
FAQ / homeowner questions5 questions
Featured download links2 download links

Key Issues & Findings

Case Summary

This case involves a construction defect dispute at a townhome community in Phoenix, Arizona, developed and constructed by K. Hovnanian. The Gallery Community Association (the HOA), a planned community association, filed a lawsuit in Maricopa County Superior Court alleging systemic construction defects in both the common areas and the individual townhome exteriors (roofs and exterior walls) which the HOA is contractually obligated to maintain under the community's CC&Rs. The developer moved for summary judgment, arguing that as a planned community rather than a condominium association, the HOA lacked statutory and common-law standing to assert implied warranty claims for property it did not own. The trial court agreed, granting summary judgment and awarding substantial attorneys' fees against the HOA. On appeal, the Arizona Court of Appeals vacated the judgment, holding that A.R.S. §§ 33-2001 and 33-2002 authorize planned community HOAs to bring representative construction defect actions for breach of the implied warranty of workmanship and habitability.

Key Issues & Findings

The court focused on the plain text of A.R.S. §§ 33-2001 and 33-2002, which govern 'Homeowners' Association Dwelling Actions'. The statutes define 'dwelling' to include residential units, common areas, or jointly owned properties, and define 'association' to include both planned communities and condominium associations. Because the legislature established rigorous procedural prerequisites under § 33-2002(A) (such as member notice, meetings, and board votes) before filing an action, it necessarily recognized and authorized planned community HOAs to possess the underlying power to bring these construction defect lawsuits.

The court rejected Hovnanian's argument that these statutes are purely procedural, explaining that unlike the Purchaser Dwelling Act (enacted after common law recognized implied warranties for buyers), no Arizona court had recognized an implied warranty right for HOAs when §§ 33-2001 and 33-2002 were enacted. Treating the planned community statutes as purely procedural would render them superfluous 'surplusage' by establishing rules for a non-existent cause of action. The court also held that because the CC&Rs contractually obligate the HOA to repair and maintain roofs and exterior walls of individual lots, the HOA has a direct personal stake in the outcome, establishing representative standing under common law.

Finally, the court concluded that representative standing for planned communities serves principles of judicial economy and convenience. Requiring individual homeowners to coordinate class actions or assign claims individually for systemic roofing or structural defects would create massive procedural hurdles, making the HOA the most logical and equitable party to maintain the action.

Why It Matters

This landmark ruling resolves a long-debated 'legal Gordian knot' regarding whether Arizona planned community HOAs have standing to bring representative implied warranty claims for defects on individually owned lots. Prior to this decision, developers frequently used standing defenses to stall or defeat defect claims. By establishing that planned community HOAs have statutory and common-law standing to sue for defects on properties they are contractually obligated to maintain, the decision provides a unified path for communities to enforce quality standards and protect homeowner investments.

For developers, general contractors, and subcontractors, the decision significantly expands liability exposure for systemic defects across planned communities. It underscores the critical importance of workmanship quality, as associations can now seamlessly litigate structural and exterior defects on behalf of all members. Furthermore, the court's vacatur of the trial court's fee award serves as a cautionary note, showing that courts should not penalize HOAs with punitive fees for bringing legitimate issues of first impression to court.

← Back to Court of Appeals cases

Facebook Comments Box