Jason Komorowski v. Whisper Mountain Homeowners Association Case Overview

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HOA Drainage Easement Dispute (CV2018-014261)

The Maricopa County Superior Court addressed whether a homeowners association breached its contractual duties under subdivision covenants to maintain a drainage easement. After a bench trial, the court found the association failed to prevent sediment buildup from flooding a homeowner’s property. The court awarded repair costs and established strict engineering inspection and sediment removal guidelines.

Last updated July 17, 2026. Case: Jason Komorowski, et al. v. Whisper Mountain Homeowners Association, Maricopa County Superior Court, Docket No. CV2018-014261; Judgment for Plaintiffs.

Source-file index FAQ

Scope note: This page provides an educational summary of the superior court’s nonprecedential decision in Maricopa County Superior Court case CV2018-014261. This page is educational and is not legal advice.

The takeaway

An association’s failure to maintain a drainage easement in accordance with subdivision covenants and approved plans constitutes a breach of contract. When such a failure results in repeated flooding and physical property damage that cannot be remedied by money damages alone, the affected homeowners are entitled to compensatory damages for repairs and permanent injunctive relief establishing specific maintenance, inspection, and sediment clearing requirements.

Fact-checkers differed on whether “Fees awarded” best labels this holding. This page uses only the ruling labels both fact-checkers agreed on.

Case Participants

Petitioner Side

  • Jason Komorowski (Plaintiff)
    Owner of Lot 52 in the Whisper Mountain subdivision who sued the HOA for breach of contract and water flooding damage.
  • Melissa Komorowski (Plaintiff)
    Owner of Lot 52 in the Whisper Mountain subdivision who was granted leave to appear at trial virtually.

Respondent Side

  • Greg Wingert (Board President)
    Whisper Mountain Homeowners Association
    President of the HOA who testified during the trial regarding drainage maintenance and the difficulty of securing timely sediment clearing contractors.

Neutral Parties

  • Curt R. Peterson (Expert Witness)
    Arizona-licensed civil engineer who testified as an expert witness for the plaintiffs regarding the drainage ditch defects, sediment dams, and repair costs.
  • James Deatherage (Expert Witness)
    Geotechnical engineer who designed the remedial plan implemented by Tennyson Construction on behalf of the HOA.
  • Matthew Potter (Expert Witness)
    Arizona-licensed real estate agent who testified as an expert witness for the plaintiffs regarding speculative property value diminution.

What happened

In August 2013, Jason and Melissa Komorowski purchased Lot 52 in the Whisper Mountain subdivision in Mesa, Arizona, situated at the base of Whisper Mountain’s north slope.

The developer, VIP Construction, Inc., failed to build the planned drainage channel to the specifications set forth in the 2004 approved engineering plans.

In 2014, a major storm caused floodwaters to run down the mountain, across the drainage easement, and inundate the Komorowskis’ property.

In February 2015, homeowners assumed control of the HOA and filed a lawsuit against the developer, which they settled in October 2016; under the settlement, the developer cleared a shallow ditch but did not construct the planned engineering channel, and the HOA assumed sole responsibility for drainage maintenance.

Subsequent heavy rain events on July 24, 2017, and August 9, 2018, washed massive amounts of sediment down the mountain, forming a dam at a ditch chokepoint that backed up water and flooded the Komorowskis’ yard, coming within a foot or two of their home.

The Komorowskis made repeated requests for improvements starting in September 2017, and ultimately filed a lawsuit against the HOA in November 2018.

During the pendency of the litigation, in early September 2020, the HOA hired Tennyson Construction to grade the ditch and add a concrete curb under a plan designed by geotechnical engineer James Deatherage, completing the work on October 26, 2020.

Following a bench trial in November and December 2020, the court issued its decision on March 8, 2021, finding the HOA in breach of contract and awarding $17,800.01 in damages along with a permanent maintenance injunction.

On June 16, 2021, the court signed and entered a formal written judgment settling all claims and the plaintiffs’ application for attorneys’ fees and costs.

Video overview of the case record

An AI-generated video overview of Jason Komorowski, et al. v. Whisper Mountain Homeowners Association (CV2018-014261 (Maricopa Cnty. Super. Ct.)). Court ordered HOA to pay $17,800 in damages and permanently maintain a drainage ditch to prevent flooding. This plain-language summary was generated from the court’s filings; the court’s own records control.

Listen: audio deep dive on the case record

An AI-generated audio deep dive walking through the case record in Jason Komorowski, et al. v. Whisper Mountain Homeowners Association. Generated from the case filings; verify against the linked records below.

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

Procedural timeline

Step 2013-08-01 Jason and Melissa Komorowski purchase Lot 52 in the Whisper Mountain subdivision.
Step 2014-09-01 A major storm causes runoff to flood the subdivision and the Komorowskis' property.
Step 2015-02-01 Homeowners take control of Whisper Mountain HOA from the developer.
Step 2016-10-01 The HOA settles defect litigation with developer VIP Construction, assuming drainage maintenance duties.
Step 2017-07-24 A storm washes mountain sediment into the drainage ditch, flooding the Komorowskis' backyard.
Step 2018-08-09 A second severe flood event occurs on Lot 52 due to a sediment dam in the unlined ditch.
Step 2018-11-01 The Komorowskis file their lawsuit against the HOA for breach of contract and equitable relief.
Step 2020-10-26 Contractor Tennyson Construction completes drainage improvements under the Deatherage Plan.
Step 2020-11-05 A four-day bench trial begins before Maricopa County Superior Court Judge Joseph P. Mikitish.
Step 2020-12-09 Trial concludes with closing arguments, and the case is taken under advisement.
Step 2021-03-08 Judge Mikitish issues findings of fact and conclusions of law, awarding $17,800.01 and a permanent injunction.
Step 2021-06-16 The court signs and files the formal written judgment against Whisper Mountain HOA, resolving the case.

Complete source-document index

This index contains 38 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.

FAQ

What was the core dispute in Komorowski v. Whisper Mountain HOA?

Homeowners Jason and Melissa Komorowski sued the Whisper Mountain Homeowners Association, alleging that the association failed to maintain, repair, and replace drainage facilities in a drainage easement behind their lot, resulting in sediment dams and flooding on their property.

Did the court find that the HOA breached the CC&Rs?

Yes. The court concluded that the Amended and Restated Declaration of Covenants, Conditions and Restrictions (CC&Rs) formed a binding contract, and the HOA breached Section 10.1 by failing to maintain the drainage ditch to prevent flooding of the homeowners’ property.

What damages were awarded to the homeowners?

The court awarded the Komorowskis $17,800.01 in compensatory damages, consisting of $16,000 to regrade their yard and repair a dry-stack wall, and $1,800.01 for out-of-pocket sandbag installation costs. Speculative damages for diminished property value were denied.

What injunctive relief did the court order?

The court issued a permanent injunction requiring the HOA to properly maintain the drainage ditch. This includes professional engineering inspections annually, after major rain events of 0.5 inches or more, or if flooding is documented, and sediment removal under specific capacity thresholds.

Is this superior court decision precedential?

No. This is a Maricopa County Superior Court case, which is an Arizona trial-level court decision and is nonprecedential.

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 / citationCV2018-014261 (Maricopa Cnty. Super. Ct.)
Court / tribunalSuperior Court
Decision / key dateJune 16, 2021
Judge / panelConnie Contes, Joseph P. Mikitish, Pamela Gates
PartiesPlaintiffs Jason and Melissa Komorowski v. Defendant Whisper Mountain Homeowners Association
Topics
CC&RsProcedureAttorney Fees
Outcome / holding

An association's failure to maintain a drainage easement in accordance with subdivision covenants and approved plans constitutes a breach of contract. When such a failure results in repeated flooding and physical property damage that cannot be remedied by money damages alone, the affected homeowners are entitled to compensatory damages for repairs and permanent injunctive relief establishing specific maintenance, inspection, and sediment clearing requirements.

Primary public sourceView source opinion/order

Parties, Court, and Research Coverage

Reviewed source package38 PDFs
Step-by-step docket roadmap12 roadmap entries
Video overviewJason Komorowski, et al. v. Whisper Mountain Homeowners Association
Study / briefing material1 section
FAQ / homeowner questions5 questions
Featured download links0 download links

Key Issues & Findings

Case Summary

This case arose from a dispute between homeowners Jason and Melissa Komorowski (owners of Lot 52) and the Whisper Mountain Homeowners Association (WMHOA) over a drainage easement. Heavy rainfall in 2014, 2017, and 2018 washed sediment down Whisper Mountain, creating dams in the unlined drainage ditch, which caused flooding on the Komorowskis' property. Although the CC&Rs obligated the HOA to maintain all drainage facilities in accordance with approved plans, the HOA failed to construct the planned channel or make necessary improvements. The Komorowskis filed suit in November 2018 seeking damages and equitable relief. After a four-day bench trial, the court found the HOA in breach of the CC&Rs. The court awarded the plaintiffs $17,800.01 in compensatory damages for yard regrading, wall repair, and sandbag costs, but denied property diminution damages as speculative. The court also issued a permanent injunction requiring the HOA to perform regular inspections and clear sediment from the ditch under specific, engineering-backed guidelines.

Key Issues & Findings

The court interpreted the CC&Rs as a valid, binding contract between the HOA and individual homeowners. Under CC&Rs Section 10.1, the HOA was contractually obligated to maintain, repair, and replace all drainage facilities in the subdivision. The evidence established that the developer had failed to construct the channel to the specifications of the approved engineering plans, and the HOA assumed responsibility for these facilities following a 2016 settlement. Although the HOA undertook some remedial grading work in late 2020 via a contractor, the expert testimony showed that the property would remain at risk of future flooding unless the HOA adhered to a rigorous maintenance schedule. Because ongoing flooding would cause irreparable harm and deprive the owners of the use of their property, the balance of equities favored a permanent injunction. Compensatory damages for yard repairs and sandbags were awarded as they were directly caused by the breach and supported by credible, uncontradicted evidence, whereas claimed property value diminution was rejected as speculative due to the successful completion of the remedial drainage works.

Why It Matters

This case highlights the enforceability of CC&Rs against homeowners associations regarding common area and easement maintenance. It demonstrates that courts will hold HOAs strictly to their contractual obligations to maintain infrastructure, particularly when failure to do so results in physical damage to private lots. Additionally, the ruling outlines how courts may craft detailed, ongoing injunctive remedies—including specific engineering inspection triggers and cleaning thresholds—to ensure future compliance, rather than relying solely on speculative monetary awards for property depreciation.

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